2. Motion to Approve Parking License - Keno Inn Parking LotCity of Kalispell
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Post Office Box 1997 - Kalispell, Montana 59905_1997 - Telephone L4061758-7700 Fax (406)758-7758
REPORT TO:
s
SUBJECT:
MEETING DATE:
BACKGROUND:
The Honorable Mayor Pamela B. Kennedy and City Council
Susan Moyer, Community Development Director
James H. Patrick, City Manager
Keno Parking Lot, Second Avenue West
December 6, 2004
At the time staff negotiated the purchase of the old Keno Inn site for use as a
replacement parking lot, an agreement was reached that the former owners would
be allocated in perpetuity four parking spaces in the new lot. The reason for this
is that they were in the process of creating a new commercial business with a
second floor residential area on a small site that had stood vacant for many, many
years due to inadequate space for parking.
The contract before council this evening is simply a housekeeping item which will
allow this project to be completely closed out.
RECOMMENDATION: Council approves the contract and authorizes staff to record the document with
the county.
FISCAL IMPACT:
ALTERNATIVES:
Respectfully submitted,
Susan Moyer, Director
Community Development
None.
As suggested by Council.
Date Memo Prepared: November 18, 2004
James H. Patrick,
City Manager
PARKING LICENSE
THIS LICENSE to use certain described city owned property for parking purposes
only is given by the CITY OF KALISPELL, Licensor, to MICHAEL T. MCFARLAND
and MARY L. MCFARLAND, Licensee, on this day of December 2004, for good
and valuable consideration received.
Property Description:
Beginning at the southeast corner of Lot 16, Block 54, Kalispell original
town site located in Section 18, Township 28N, Range 21W, P.M.M.,
Flathead County, Kalispell, Montana, thence northerly on the easterly
boundary line of said Lot 16, a distance of 43.7 feet, thence westerly and
parallel with the southerly boundary line of said lot 16 a distance of 19.5
feet, thence southerly and parallel with the easterly boundary line of said
Lot 16 a distance of 43.7 feet to a point on the southerly boundary line of
said Lot 16, thence easterly on the southerly boundary line of said Lot 16 a
distance of 19.5 feet to the point of beginning.
Consideration: Licensee agreed to sell certain real property that included the
above -described property, to the Licensor upon the condition that Licensee receive a
license to use some portion of the sold property for parking upon the terms set forth
herein.
Purpose and Use of License: The property above -described, consisting of 4
parking spaces, may only be used by Licensee or its successors for vehicle parking to
benefit the commercial purposes of that property located at 230 First Avenue West,
Kalispell, Montana.
Duration of License: This license shall remain effective so long as the property
located at 230 First Avenue West, Kalispell, Montana is used for commercial purposes,
which shall be defined as those purposes of a business, commercial or retail nature that
requires regular onsite customer service that anticipates the need for customer parking.
Assignability: Licensee may assign this license only to such person or legal entity
that succeeds its interests in that property located at 230 First Avenue West, Kalispell,
Montana.
DATED this day of December 2004.
CITY OF KALISPELL
By: Jaynes H. Patrick, City Manager
PARKING LICENSE Page 1 of 2
STATE OF MONTANA )
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County of Flathead )
On this day of December, 2004, before me, a Notary Public in and for the
State of Montana, personally appeared James H. Patrick, known to me to be the City
Manager of the City of Kalispell, a municipality, that executed the within instrument, and
acknowledged that such City Manager subscribed, sealed and delivered said instrument
as the free and voluntary act of said municipality, for the uses and purposes therein set
forth, and that he was duly authorized to execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal, the day and year first above written.
Notary Public, State of Montana
Residing at
My Commission Expires
PARKING LICENSE Page 2 of 2