Loading...
11. Motion to Approve Land Purchase for Upper Zone Construction of Water Tank-- - City of Kalispell Public Works Department ggip_=� . ............ ...... . ...... .............. . ..... - ------- .. ... ... .. .... . . ..... ...... . ......... .. I,. ............................ ... . .. ................. . post Office Box 1997 Kalis ell, Montana 59903-1.997 - Telephone 406 758-7720 Fax (406)75$-7831 REPORT TO: Mayor and City Council FROM: James C. Hansz, P.E., Director of Public Works SUBJECT: Land Purchase — Upper Zone Water Storage Tank Site MEETING DATE: October 16, 2006 BACKGROUND: The current Water Fund budget includes funding for a new Lipper Zone Water Storage tank. The project was included in the 05106 budget and is carried over to this year. Council has been periodically apprised of progress on this project and previously endorsed staffs recommendation to increase the size of the facility to a capacity of 2 million gallons. Much of the effort to date has been to identify and obtain a suitable site for the new tank. This was done and the past several months have been focused on. acquiring the property. The site lies adjacent to West Valley Drive on the high point locally known as Sheepherder's Hill. This site allows for matching the tank elevation to the existing system requirements and offers the ability to construct an in -ground tank, which was a desirable goal of the City and one shared by the property owners. Once construction is completed there will be little evidence there is a major component of the City's water system located there. Attached are copies of the general site plan and three-dimensional planning views of the site. An independent appraisal of the site was conducted to establish the fair market value of the property. The appraised fair market value is $90,000. The City's consultant and City Attorney then worked together with the property owners to negotiate an agreeable purchase price. The agreed price is $88,000. The City Attorney along with the owner's attorney have drafted the attached buy -sell agreement reflecting the agreed purchase price for the property. Staff recommends approval of the negotiated buy -sell agreement for this property. RECOMMENDATION: Approve buy -sell agreement for property to locate a new Upper Zone Water Storage Tank ACTION REQUESTED: AT CITY COUNCIL MEETING OF OCTOBER 16, A MOTION TO APPR0VE THE PURCIMSE OF PROPERTY FOR A NE W WATER STORAGE TANK, October 161, 2006 Upper Zone Water Storage Tank Land Purchase.doc FISCAL EFFECTS: Expenditure of funds totaling $88,000.00 from the water fund. ALTERNATIVES: As suggested by the City Council Respectfully submitted, kam . Hansz, P.E. ames H. atrick Direc or of Public rks 1 ity Engineer City Manager Attachment: Buy -Sell Agreement, site plan and 3D tank views. October 16, 2006 Upper Zane water Storage Tank Land Purchase.doc ll-TrElirfirimna, , "t. ISVI. ONIM00.1 INIMINIFINVIV! �11.lk. FEVI&A U FA Iloilo 12"CMP TANK SITE PLAN SCALF- 1*-20*-0' I 20 0 20 40 (SCALE M FEM AGREEMENT TO SELL AND PURCHASE DATED this I day of September 2006 at Kalispell, Montana. City of Kalispell, a municipal corporation, of 312 1 st Avenue East, Kalispell, Montana 59901, hereinafter called "BUYER" agrees to purchase, and Stephen N. Becker and ,dean D. Becker, trustees of the Becker Living Trust, the undersigned SELLER., agrees to sell the following described real estate hereinafter referred to as "premises" i� the City of Kalispell, Flathead County of Montana, legally described as: PARC U A -I SATED .IN THE NORTH 112 NORTHWEST 114 SOUTHWEST 114 OF SECTION 1 Q, �T 28N,, lL22�+?, �[* .M,M, ,[-. ,.A.LFlEAD COUNT , d�'�LJ.NTANA.,AND RE iV�,J PAR'Off'T [C'7'.N 9ASIrJH1J R.[ ■ COS C��.] 5025, AECORDU OF FZATHLAD COZ= AND BEING MO E PARTICULARLY DESCRIBED AS FOLL 0 WS: BEGINNING AT A 2 .114'' AL UM7AV I C 4P AL4RKED "THHURSTON 10503--S ", AT THE WEST QUARTER CORNER OF SAID SECTION I0; THENCE SCE UTH86042'31 "F,4ST, .LONG THE EAST' WEST AED SECTION LINE, 330. 03 FEET; THENCE SO UTH 04 005 48 " WEST; PARALLEL WITH AND 3 3 0 00 FEET FROM TffE WE.ST.LINE OF SAID SECTION 10, 250.02 FEET; THENCE NORTH 86 °42'.31 WEST, PARALLEL W THAND 250. 00 FEET FROM THE EA S'T- WEST .AID SECTION LINE TO THE WEST LINE OF SAID SECTION 10, 330.03 FEET,. THENCE NORTH 04 "0548" EAST; ALONG SA ID- WEST SECTION LINE, 250. 02 FEET TO THF POINT OF BEGINNING, CONTAINING 1. 894 ACRES OF LAND, MORE OR LASS, ALL AS S OWN ON THE ATTACHED +DRA WLNG WHICH IS HEREWITH INC GRPORA TED IN AND M D.E A PART OF THIS LEGAL DESCRJPTIGN AND IS SUBJECT TG ALL FASE .ENTS AyD RIGHTS OF WA Y OF RECORD PER TLNMVT TO THIS TRACT. PURCHASE PRICE Total Purchase price is EIGHTY EIGHT THOUSAND AND NO/) OOTHS ($88,000,00) DOLLARS U.S. payable at closing. PURCHASE AND SALE AGREEMENT - 1 SPECIAL PROVISIONS BUYER shall pay all closing costs of the purchase and sales transaction, as well as any costs associated with subdividhag the subject parcel ftom the property remaining in the ownership of the SELLER. CONVE,YANCE The SELLER shall convey the real property by warranty Deed, free of all liens and encumbrances except those described above or those otherwise acceptable to the BUYER. as described in the title insurance section of this agreement. TITLE .INS UR.,�NCE SELLER, at BUYER'S expense, shall furnish BUYER. with Title Insurance in the amount equal to the purchase price, committing to insure merchantable title to the real property in the BUYER'S name, free and clear of all liens and encumbrances except; zoning ordinances, building and use restrictions. reservations in federal patents, beneficial utility easements apparent or of record, easements of record, and any other encumbrances acceptable to BUYER. If the SELLER'S title is not merchantable and cannot be made merchantable before the stated closing date, 30 ADDIT OVAL DAYS SHALL BE ALLOWED FOR THE SELLER. TO MAKE SUCH TITLE MERCHANTABLE. Encumbrances to be d i scb arged by the SELLER shall be satisfied prior to closing or from SELLER'S proceeds at time of closing. TAXES AND ASSESSA ENTS SELLER and BUYER agree to prorate taxes and special improvement assessments for the current tax year, if any, as of the date of closing, unless otherwise agreed. CL OSTNG DATE The date of closing shall be on or before September 1, 2006. The BUYER and SELLER will deposit with the closing agent all instruments and monies necessary to complete the purchase in accordance with, this agreement. ADDITIONAL TEAS B UYER `S REAfEDIES If the Self' accepts the offer contained in this agmement but refuses or neglects to consummate the transaction within the time period provided in this agreement, the BUYER. may: PURCHASE AND SALE AGREEN ENT 2 (1) Demand that SELLER specifically perform SELLER'S obligations under this agreement; or (2) Demand monetary damages from SELLER for SELLER'S failure to perform the terms of this agreement. SELLER'S REMEDIES i f the SELLER. accepts the offer contained in this agreement and BUYER refuses or neglects to consummate the transaction within the time period provided in this agreement, the SELLER may: (1) Demand that BUYER specifically perform BUYER'S duties and obligations under this agreement; or (2) Demand that BUYER pay monetary damages for BUYER' S failure to perform the terms of this agreement. B UYTR W CERT FIC4 TION By entering into this agreement, each person or persons executing this agreement as B UYER represents that he/she is eighteen (18) years of age or older, of sound mind, and legally competent to own real property in the State of Montana; and if acting on behalf of a corporation, partnership„ or other nonhuman entity that he/she is duly authorized to enter into the agreement on behalf of such entity, SELLER'S CERTIFICATION By entering into this agreement, each person or persons executing this agreement as SELLER represents that he/she is eighteen (18) years of age or older, of sound mind, and legally competent to own real proper in the State of. Montana; and if acting on behalf of a corporation, partnership, or other nonhuman entity that he/she is duly authorized to enter into this agreement on behalf of such entity. CONSENT TO DISCLOSEENFORAMY70N BUYER and SELLER. hereby consent to the procurement and disclosure by BUYER, SELLER, and sales representatives and their attorneys, agents; and other parties having interest essential to this agreement, of any and all information reasonably necessary to consummate the transaction described in this agreement, specifically including access to escrows for review of contracts, deeds, trust indentures, or similar docurnents as prior transactions concerning thi property of underlying obligation pertain' g thereto, POSSESSION SELLER shall deliver possession and occupancy to the BUYER on the closing date unless otherwise agreed. PURCHASE AND SALE AGREEMENT - 3 RISK OF L OSS All loss or damage to any of the above -described real property or personal property by any cause is assumed by SELLER through the time of closing unless otherwise specified, TIME IS OF THE ESSENCE Time is of the essence in this agreement and all clauses herein. BINDING EFFECT AND NON --A SSIG)VAR,IL ITY This agreement 1s binding upon the heirs, successors, and assigns of each of the parties hereto, however, BUYER'S rights under this agreement are not assumable without the SELLER'S express written consent. ATTORNEY FEES In any action brought by the BUYER or the SELLER to enforce any of the terms of this agreement, the prevailing party in such action shall be entitled to such reasonable attorney fees as the court or arbitrator shall determine Just, BUYER'S AC )VORT EDGEMENT BUYER acknowledges that he has examined the real and personal property, the BUYER enters into this agreement in full reliance upon his independent investigation and judgment, that prior verbal representations by the SELLER or SELLER'S agents or representatives do not modify of affect. this agreement, and that by signing this agreement BUYER acknowledges having read and understood this entire agreement, including the Additional Terms above. BUYER'S COMMTMENr JAVe agree to purchase the above -described property on the terms and conditions set forth i n the above offer. 11WE HEPEBY ACKNOWLEDGE receipt of a copy of this AGREEMENT To SELL AND PURCHASE bearing my/our signatures BUYER: ITY o SPELL James H. Patrick, City Manager ]PURCHASE AND SALE AGREEMENT - 4 SELLER'S COMMITMENT I/We agree to sell and convey to 13UYER the above -described property on the terms and conditions hereina►bove stated. I/We acknowledge receipt of a copy of this agreement hearing my/our signatures) and that of the BUYER named above. Dated this day of 20 � SELLER: BECKER LIVING TRUST PURCHASE AND SALE AGREEMENT - 5 OL CERTIFICATE OF SUR VEY t Rt • R4CCRL71f4F�o11AL,TIQM FEA ctRnxAn a St1MV eT Im. a 1't � Str SRI' M!A►lRT4R sY H' LOI4M RFdM r�ml « DIANTER ®» R4 IIA ^�R] - UPOW tf*OM% 10N M CE1nFiCNM Of �U VElf W. 111M AWW C" MUM l"Mr N 1/2 NW 1/4 SW 1/4, SECTION 10 a "X" 1 fir DIAAITLR 1w T. �+ 8 N., R. 22 W., P.M., M. PJ• •=kD "*vRKAT0m PEE CMTW LATE Of 51woaY ir... 1mv NLQu IA. -WYtB V [w --�+ F-fOtti4M MFORMATTON I'F1t 11R5 Sl1RYSY O FQ11Nt} SA' 1%A►1ffTdl MF /l FLATHEAD COUNTY, MONTANA '0D ° '°° 200 rHMT 14'a(SCALE IN FOM �rox � lorl awn-r n+uR710p�`�" E 3"I'43 s)y + re srf ac4lwrtFl Sanr %KR-rTWA =r 'E Z5n HADMI wwy OWAAM AMR URUVfe. RRAPW" ARE UPM N$OvuwwT n,Tr SOITnI L? W.S UV4--C AT jj= OF TKN SH$S:-r'7W6' �D-�rIMFI u+d! FtHl2 l"r AC 44 432t•t1.r MMI'tilM[\'T RO.r SSaLry E'f 1 A I.la• i45F'SS75'R i))1.115IRII MARKPA'THLIRSTOH X11.E2' � w ff�' ' ' A FCSfE011TSe�DkYqIOI'�OF LAT.�tS L1tl ATCD Itl1177-f•' lil. E C "00OL44ENT,,T [• ( C OR NY UITUATKO C ORM OfF LAW Oft WWHXX'7iNY COUKT OF �� mA1�5Y�C�E O AGREV4VT MR�,Ic-,1cRt RRTwsmr THE rARY1L7 TO THE SAID. COIAD DE C1IEATTSI BY AN a MbCLARl;p y FHM r AC M O%MRI1 OF ANY C"T IN THIS STATE MIRlt7ANT TO" LAW CW COUMTYRnAh) MPKMWNT WXV f:MP*KT tXVAAn-Cn11117R CHArrlX W 7ly:RF-041: T1411"V1:YA *OYLt ? �F M.C.A., W IA A SUV4i?I/F VtM N Kw4x BY THE YKk+TA'4A 00al f DBTARTMWn OF VW%lk)KMXNTAL QUALITY F1 Ro)UWANT TO Swn4 f " IIxMr41M.c + ` ~ SYE MN N. AHa MAN D. rECKEIt Ln140 TRUST vwxr 1 a NRi v) wi 1]1Rp ky: ILAN 1) Eme 26na �� !,'�'.Jig Y-''.'',}"� iIATQ0FM0PttAT1A i CC7WM of FtATtKAD 1 W ON THtt DAY OF 29K WORE AA 711L UMnFnuKRIu f r ay �,i ���. f AN6TARY MiIILICY Aik MFMQ.IAMAP!XXMtALLY i ATl4ARW 'M` APOv% <t4WM If -'OW Y TO W 10 YC illk ft"O" *"CW NAMVMSLOOCRMI91 TO Tl M'K4UVJOFA6 W%TIIEt4tXr Awn AOWOW WMTMWrTHATTH"trrFcunTTFWaAW- r- J ,� � � rN EDMY? WWMDrAR 5&4 NAVE Ia7rr11TO DVLAT N iIAtO tl AF74R® MY NOTARY S4AL 71T! 0.\Y AND YLII% FERiT ARMYE• rTtTY1Tlir, 4� P% nit VATE OF FlOffrAYA £e � RESIDING AT y Iffiaw Y A ANM LAMJ "VBTOR W THIS STATE Of MMtTAN.1 00 HtRF,RT' CXKM' THAT I $An MU43RMW TIM SURVEY AS **W N Ox TIQ ATTACHW obut'(7) CIlltTW ATE OF SURVEY, M M'YG THE W04TU OF 2NJ}2M AND THAT i2 L*41t11 Tlll 7qp 444LYTT, ErrK" FO M OR UT, AAL AS SWWV. y Iw Aorw Emur1r) e i r 'S2V►'n' IF7r.Yi �l1 {NG?;rAMA UG. HO. I Vr.*M lTQ 5�r hr l., CA HAI.tRFOR. W PO LM� PlUARCH.oA (MAL paKarivift 4ASILMI14VS OF ROCOM >p1CWMtlriA•A=COVE}4ANTS OR ANY OCHER EWOBMCE OR FACTS THAT Ar, AR'URAI L GTIIIA pa ARID rN lnm? tTN IA 11ORTTIWQT tM SOUTATIQr iM OF SRTCT'IOM 1R T.W1, it VWt P-M. M. PL.THUTD COR71aT•I', MCMANA AM IFEM TART OF YrACT S AS O)MrLk ft Y111.k SNARCH MAY DMCLMi j S KMW ON CM lUM3, RBLx1ROi OF FL,TT1tA0 CO(P4TY MW MXQ MUM FARYR�ILARLY MRSCRIM AS FMLLM'k FM) I LA' ➢BMR4TOW AT A I W' AL H"M CAF MARIIR MOATS ITR7 NO". Xr "A WEST QUUAMTER CORf4 ft OF SAID W nOM 1q Arrwo mt 'k- tLMItEO'Zl MS' THAMI DOM Wal1• EAST. ALONG TN4EAST-WM MID SELTIae LM )XM FE4r: 47A Y O.' Tear 7HENCIj tF111FH RI'RfM(r' Y4RRT. FARAlJ.B TFR)1.1tr6 ))R,M F>zT FRpf ill• rTitT' L,pr4 OF 0.UD SRCiiON 14I7RL4 P41T: THafdM FORTH SrM V WW, tAMUAL W M ANM II"M FRLr Mil!! M LV -W= "SECT" TINE TO THE VOW LM Of SUM $W T" 14 "w rmr, A � THSriCR MOUTH 4 4 w 4vMA " BAST. ALONG SAII} YpSF SRCTIOw LHw, I]lRt FSiTTO TIr Ft]aTT Of MGIMNi0. CYSf1TA1M14O I.RM ACRlS Of LAND. MOIIEOR kRS7i, ALLAS $WWN ON n1E ArftAIt O DRAWWO WO" R IgPMMM 04CORTGMIW M AM NAM A PART OF nay L WAL wScRu T10t4 AM 13 V.MLPZT TO ALL FAIRMAKIS AEG A140 "7M Of WAY OF RECORD I0tTR4 XT TOIft TIIACt. s STATE OF MONTANA ] MWR4 T M t44R111 t4 V0"$W0T 10 SWM WSST I n OF SSCAMN M, t.2.W. RM W- f_W.,M. FLATI" COLT". MOMTANA AND ftMM0 PART 0FTMCT! AS COL.'M7 Y MI' 1LATHL4D y Sf. S SHO" ON COS AIM AWORFIS O► FIATTUD CDUKn N%D SWM UM PARTXXLARLy DMKRiHW AS FOLLOWS: sll,fll Crv'rtt�_INYCM� ]cpt t COApOMS1G ATAI HI'ALSMMIM CAP MARRGD'FM1RRlON f/Wl•S.ATflIR VSiT QIfAitYEll [ORNE11 Of R+t%i iSCTIOlt 10q AT (Y11MC'� r w" � ',a. o. TTIpICF. SSTilTH a.gnl-», wLMIIO Ybl ¢ASY.YrRST Mf6 st�YDN I,pgw S?SJ) YIIlt ro nu hofl4T OF /C�MNh10 of THe FARrEI. fwRErl aFacRnel>r omnvcm ALOMti SAW RwST•WWT MD NWTMW L4e 20Lrr%W% nyV PAST. t M.I t FifT, .ww wr. TRP" SOl" W W%r R1tSr. ALONG nT4 wT LMR OF c%"To YTR1ROUn♦tAS"NLY CORMAX TI�Of, ail M K", rHmKoftmR .«an svnc T OtWX MDRTH M%Alr WUT, AU*n nM MVT% L04E fW CM =310 TM T'RST LINK OF IMV SECTKW IR 4Y.103 FEET: Tv "MR MIIMTTT aeowar "Vr, Atmm RAID *wr r1BCTT1Ma W t 41 I714 FRY: TFW)" SL%ITIT RI4"V LUM fARAL SL VM AS IAA n= n"W TUL EART STST M* SECTWO L*4 of SAM SRCT?M4 M. ) ARS fUT; bmTV nITINr.R M1R71I IIaWq' CAST. FMtAUAL Wnit AMA XMa FEAT FROM nN T'RT LRA rw mm RML'noo 14 2.7R42 FIAT TO n M 1TIWF OF RBtiRR+tTii CCWTA>FRS3 IA)2t AMU Of LAM MOM 9R LUL ALL AS R V%W ON TVA ATTACMWAVM WWnl N IME ni VXTWOMATIW IS AM MAMA PART OF TEAS LWAL MCWTIGir ^ Ha AMMnSt181RCTTOALL "SROWTSAP* ANWnOFWAY OFRKORDMrWONWTTOT"KTWT, 4�ariTrtArt<Ys , C"rtFlCArE0F5URFET',V0.