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01. Request to Purchase Encroachment Easement - Dr Daniel AbbottCity 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 Harball, City Attorney James H. Patrick, City Manager Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com SUBJECT: Request to Purchase Encumbrance Easement from City on Buffalo Hills Golf Course MEETING DATE: Monday, November 20, 2006, Regular Meeting BACKGROUND: Dr. Daniel Abbott owns a home on Juniper Bend adjacent to the Buffalo Hills Golf Course. Last year he constructed an addition on to his home that encroaches upon the 20-foot setback requirement from the city owned golf course and in the process failed to obtain the necessary building permits for the construction. The City cited him for these violations and he entered into a stipulation in the Municipal Court in which he agreed to pay a $1,500 fine and to correct the violations. Dr. Abbott is now requesting that the City sell an easement to him to correct the encroachment violation and he has offered an appraisal opining that the value of the easement is $3,500. RECOMMENDATION: The City staff is not recommending that the City Council agree to sell an encumbrance easement to Dr. Abbott. It would be very difficult, if not impossible, for the Council to distinguish this agreement to sell from the next request that comes in seeking to build closer to the golf course or any other municipal property. Council certainly couldn't use hardship as an acceptable reason given that this particular "hardship" was self-imposed by Dr. Abbott. Council should move and act on a motion to sell, or not sell, the encumbrance easement proposed by Dr. Abbott. If Council approves the sale, it must also agree upon a sales price as well as a reasonable rationale for setting that price. FISCAL EFFECTS: Undetermined. Respectfully suypaitted, CharlX<110a'-rbaX, City Attorney qames H. Patrick, City Manager