09. Resolution 4247 - Dispose of Property to School District 5RESOLUTION NO. 4247
A RESOLUTION AUTHORIZING THE MAYOR AND CITY FINANCE DIRECTOR TO
EXECUTE THE DOCUMENTS NECESSARY TO TRANSFER LOTS 7, 8, 9 AND 12
BLOCK 186, AND LOT 5 BLOCK 187, KALISPELL ADDITION NO. 1 TO
FLATHEAD COUNTY SCHOOL DISTRICT NO. 5, KALISPELL.
WHEREAS, the City of Kalispell, a municipal corporation,
owns certain real property, to -wit: Lots 7, 8, 9
and 12 Block 186, and Lot 5 Block 187, Kalispell
Addition No. 1, and
WHEREAS, the City purchased and improved the property as
part of an urban renewal plan to improve parking
opportunities for Flathead High School, and
WHEREAS, Section 7-8-4201, MCA, authorizes the City Council
to sell, dispose of or lease any property belonging
to the City upon proper passage of an Ordinance or
Resolution passed by two-thirds vote of all members
of the City Council, and
WHEREAS, the property is not held in trust by the City for a
specific purpose and therefore does not require an
election in order to authorize its disposal, and
WHEREAS, the property is not necessary for the conduct of
City business nor for the preservation of property
owned by the City and it is in the best interest of
the City and its inhabitants to sell said property,
and
WHEREAS, the City Council desires to dispose of said
property by transferring said property to Flathead
County School District No. 5, Kalispell in
accordance with the provisions of Section 7-8-101,
MCA, and
WHEREAS, on the 20th day of November, 1995 the City Council
did pass Resolution No. 4343, declaring an
intention to dispose of said property by
transferring ownership to Flathead School District
No. 5, Kalispell, and
WHEREAS, pursuant to S 7-8-101, MCA the City gave due and
proper notice of said Resolution of Intention and
held a public hearing on said Resolution on the
18th day of December, 1995.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION I. That the Mayor and Finance Director are hereby
authorized to execute all the necessary documents
to transfer all the right, title and interest that
the City has in Lots 7, 8, 9 and 12, Block 186; and
Lot 5, Block 187 to Flathead County School District
No. 5, Kalispell.
SECTION II. This Resolution shall take effect immediately upon
passage by the City Council.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, THIS 18th DAY
OF DECEMBER, 1995.
Douglas D. Rauthe - Mayor
ATTEST:
City Clerk of Council
RESOLUTION NO. 4247
Planning, Economic &
Community Development Department
P.O. Box 1997
Kalispell, MT 59903-1997
Date: October 19, 1995
To: Bruce Williams, City Manager
Incorporated 1892
Memorandum
From: Ross Plambeck, Redevelopment Manager '
RE: Transfer of Land to School Dist.# 5
248 Third Avenue East
(406) 758-7740
(406) 758-7739 (office fax)
(406) 758-7758 (City Nall fax)
The School District has asked the City to consider transferring ownership of the land where their new
maintenance warehouse was built. A survey has been completed indicating ownership's of the various
parcels and location of buildings and fences. I have reviewed the survey with the School District, Bob Babb
and the Site Review Committee. Issues to consider:
o In order to create a parcel for transfer, the new property lines need to be a minimum of 20' 1" from the
farthest point of the existing exterior walls. The building code requires the setback for this type (B-1
occupancy) of construction.
o The attached survey map indicates the new parcel with a lot size of 125 feet by 202.70 feet. These
dimensions will square the lot off with the existing fence line and the extension of 17th Street. The 125
foot width dimension will provide storage and maneuvering room on the west end of the building
o Flathead County has deeded a parcel of land immediately to the north to the school district. With the
transfer of the City land, a boundary line adjustment would create the new parcel.
o The City should proceed with the annexation and rezoning of the area. The surveyor will need to locate
the corners with pins and prepare the minor subdivision plat if needed. Those costs are estimated at
$1,500.
o With the completion of the parking lots the high school, the City should quit claim the lots over to
School District 95. This will provide contiguous ownership by the school district for which they will
assume responsibility for maintenance and liability. Those parcels are Lots 7, 8, 9, & 12 of Block #186,
Kalispell Addition # 1, and Lot 5, Block # 187, Kalispell Addition # 1.
Recommendation:
The City should transfer the lots at the new parking lots and create a new parcel at their maintenance
building to complete our obligation with the school district.
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