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
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