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5. Resolution 5102 - Intent to Sell Alley Right of Way and Call for PHCity of Kalispell Charles A—Harball Office of City Attorney City Attorney 312 First. Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM; Charles Harba.l, City Attorney James H. Patrick, City Manager Tel 406.758.7708 Fax 406.758.7771 charball Ca kali , c l.coin SUBJECT: Resolution No. 5102 — Resolution of Intent to Abandon and Sell an Unused ,Alleyway in Block 1 of Ryker Addition MEETING DATE.* Monday, March 20, 200 -- Regular Meeting BACKGROUND: The City currently owns a parcel of property in Bloc. 1 of Ryker Addition, which was, when dedicated to the City, intended to be used for an alleyway. The property to the north of the parcel is developed without an alleyway and the property to the south remains undeveloped. The City Department of Public Works indicates that an alleyway in this location is not in the City's plans. The owner of the property to the east and west of the parcel has offered to purchase the property for the sum o $2,000.00. Pursuant to statute, all other property owners abutting this property have signed a petition approving the abandonment of the alleyway. If the City is to accept an offer from a buyer, it must first state its intent to abandon the alleyway and hold a public hearing. RECOMMENDATION: Council should pass Resolution No. 5102, which directs the Clerk to publish a notice and call for a public hearing on April 3, 2006, FISCAL EFFECTS: None at this time. Respectfully submitted, Charle-s�Lj6all./City Attorney ,v Ja�es H. Patrick, City Aanager RESOLUTION No. 5102 A RESOLUTION of INTENT To ABANDON THE ALLEYWAY IN BLOCK I OF RYKER ADDITION AND TO DISPOSE of AND SELL SUCH REAL PROPERTY AND CALLING FOR AND FIXING A. DATE FOR A PUBLIC HEARING AND DIRECTING THE CLERK TO PUBLISH NOTICE of THIS INTENT AND HEARING. WHEREAS, the City of Kalispell owns a parcel of land in dock I of Ryk r Additioll previously dedicated to the City as an alleyway, which is further described i Exhibit "A"' attached hereto and incorporated fully herein by this reference; and WHEREAS, the City has received a petition requesting that It abandon said alleyway signed by all parties atti.g the subject property and has also received an offer to purchase the subject property; and WHEREAS, state law requires that a public hearing be conducted to collect testimony and e vi *de ee if any, regardingthe abandonment of the alleyway and that such public hearing be publicly noticed. NOW, THEREFORE,, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY OF KALISPELL AS 'o OW S - SEC ION' I. A public hearing shall be conducted at City Council Chambers, 312 First Avenue East, Kalispell, Montana at 7:00pm, April 3, 2006 for the purpose of collecting testimony and evidence from the public regarding the Clty's intent to abandon the alleyway in Block I of Ryl er Addition, as further described in Exhlblt "'A"', and to dispose of such property by sale. Subsequent to the conclusion of said hearing the City Council, after considering all spoken and written communication, may adopt resolution approving the abandonment and sale of the subject City owned property. SECTION 11. The City Clerk is authorized and directed to give notice of said hearing In accordance with. Section 7-1-413 1, Montana Code Annotated.. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 20TH DAY OF MARCH, 2006. Pamela B. Kennedy Mayo- ' ATTEST- .................. .EXHIBIT "A" LEGAL DESCRIPTION OF THE PLATTED ALLEY TO BE ABANDONED IN BLOCK 1 OF THE RYKER ADDITION TO KALISPELL A tract of land located in the SW 1 4 of Section 17, Township 28 North, Range 2.1 West, PMM, described as Follows: Beginning at the NE comer of Lot 5 of .flock 1 of the Ryker Addition to Kalispell, , records o Flathead County, Montana, thence S 1 ° 4 ' E a distance of 121.98 feet to the SE comer of Lot , Block 1 of the Ryker Addition, thence N ° 11 " E a distance of 20.00 feet to the SW comer of Lot 4, Block 1 of the Ryker Addition, thence N .13' 4 " W a distance of 121.98 feet to the N'W comer of Lot 2. Block 1 of the Ryker Addition, thence S ° 11' W a distance of 20.00 feet to the point of Beginning. IMichael Blend, Managing Partner Beargrass Holdings, LLP R.O. Box 7505, Kalispell, MT 59904 Phone: (406) 752-5250 Feb 14, 2006 James H. Patrick,, City Manager P.O. Box 1997, Kalispell, MT 59901 Phone: (406) 758-7703 Dear Mr. Patrick I am hereby withdrawing my previous $500 offer and submitting a new $2, offer to purchase the alley section located within our property. I respectfully request you consider the following points with respect to this offer: 1) The alley dimensions are 20"x122' and is in a B-2 zone. This property would not be of value to any other purchaser due to its small size. Since the front setback in this zone is 20" there is no buildable area on this parcel. 2) Since this property is landlocked with no access it has little if any value. 3) By transferring this parcel from City to private ownership the City can begin taxing this par,. 2) The increase in taxes to the City once this combined property is built out will be substantial. The 2004 taxes on the land were $2,515. The taxes on this combined project once it is fully developed will be around $37,.000 per year. We would like to begin construction of a 12-unit apartment building and a 16-unit apartment building on this property this spring. We ask that you support this project and accept our offer of $2, for this parcel of land. Sincerely, Michael Blend cc: Charles Harball 5U 548 suIM►'.c r rRoVF:Rry 5-2