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08. Resolution 4318 - Purchase of Lot 39 - South MeadowsAgenda -February 18, 1997 AGENDA ITEM 7 - RESOLUTION 4317-PURCHASE OF LOT 39-SOUTH MEADOWS BACKGROUND/CONSIDERATION: Last summer, Mr. Al Sylling of Arico Inc. bought several lots in the Northwest Section of South Meadows. He installed infrastructure and proceeded with home building and selling. Since South Meadows subdivision was platted in the 80's without infrastructure improvements, we were not able to require the dedication of Lot 39 as a public right-of-way. This lot was intended as a future roadway and will be needed as a second access when the land to the west is developed. A discussion was held with Glen Neier and Al Thelen. Staff indicates that a Council authorization decision was given to purchase the lot. John Wilson negotiated with Mr. Sylling and has arrived at an $8,000 purchase price. This purchase was not anticipated in the budget and will be charged 1/3 each to sewer, water, and street departments. RECOMMENDATION: I recommend that this item be approved to ensure future access in the appropriate location. ACTION REQUIRED: APPROVAL of Resolution 4318 is required to complete the process. RESOLUTION NO. 4317 A RESOLUTION RELATING TO THE ACQUISITION OF LOT 39, SOUTH MEADOWS SUBDIVISION, KALISPELL, FLATHEAD COUNTY, MONTANA, SETTING A FAIR MARKET VALUE, IDENTIFYING THE INTEREST TO BE ACQUIRED, AND DECLARING AN EFFECTIVE DATE. WHEREAS, South Meadows Subdivision is a subdivision within the City of Kalispell, duly authorized and approved by the City Council on May 1, 1978, and WHEREAS, Lot 39 of said Subdivision is a lot at the Westerly terminus of Bluestone Street, which if developed for public right-of-way would provide public utility and roadway access to adjacent property West of the South Meadows Subdivision, and WHEREAS, ARICO, Inc., a Montana corporation has purchased several lots in South Meadows, including Lot 39, for the purpose of building residences, and r. WHEREAS, ARICO, Inc. has offered to sell to the City, Lot 39, South Meadows for the purpose of providing roadway and utility access to the West for the sum of eight thousand dollars ($8000.00), said sum being the amount paid by ARICO, Inc. for the property, and WHEREAS, the City desires to purchase and acquire in fee said property for the future extension of roadway and utilities, WHEREAS, the City considers $8000.00 to be the fair market value of said property. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION I. That the fair market value of Lot 39, South Meadows Subdivision, Kalispell, Flathead County, Montana, owned by ARICO, Inc., a Montana Corporation, is the sum of Eight Thousand Dollars. I:\wp\1ot39.wpd {' TXON_I.I. That the acquisition of said property for future roadway and utility extensions will require the acquisition of a fee simple estate in the name of the City of Kalispell from the owners. SE TION III. That the City Manager is authorized and directed to purchase from ARICO Inc., a Montana Corporation, Lot 39, South Meadows Subdivision for the sum of Eight Thousand Dollars ($8000.00) SyXTION IV. That the City Finance Director is authorized and directed to pay in accordance with the instructions from the owners the following amounts: ARICO Inc., a Montana Corporation, Lot 39, South Meadows Subdivision, the sum of Eight Thousand Dollars ($8,000.00) SECTION VI=. That the City Attorney is authorized and directed to prepare any documents necessary to effect this Resolution and the City Manager is authorized and directed to accept and properly record on behalf of the City of Kalispell the deed to said property. SECTION VIII. This Resolution shall become effective immediately upon its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND THE MAYOR OF THE CITY OF KALISPELL, MONTANA, THIS DAY OF , 1997. Douglas D. Rauthe - Mayor Attest: Debbie Gifford, CMC Clerk of Council I:\wp\lot39.wpd (tI� ni � 1(i V I� Incorporated 1892 Telephone (406) 758-7700 Douglas Rauthe FAX (406) 758-7758 Post Office Box 1997 Mayor Kalispell, Montana Clarence W. Krepps Zip 59903-1997 City Manager Date: January2, 1997 To: Larry Gallagher, Director PECD city Council .Members: From: John Wilson, Assistant City Engineer•-�'� Re: Purchase of Lot 39, South Meadows Subdivision wad I NYstul Cliff Collins Attached is a map showing the South Meadows subdivision with Lot 39 highlighted. The legal description is Lot 39, South Meadows Subdivision, NW'/4, Section 19 g� Township 28 North, Range 21 West, Flathead County, Montana. We have agreed to Ward I Ward 11 F. Donahue Ward II purchase this lot from Al Sylling of Arico, Inc. for $8000. This memo is to request P y g q your help to complete the transaction. Dale Haarr Ward II Jim Atkinson Last summer Mr. Sylling bought several lots in the northwest section of South Ward III Meadows from JerryBe He installed the necessary infrastructure and proceeded gg• �' p to build and sell homes. As you know, the South Meadows subdivision was platted Lauren Granmo Ward III in the early 1980's without infrastructure improvements. Under these circumstances f _ we could not require Mr. Sylling to dedicate Lot 39 as public right of way. V Kennedy Ward IV M. Duane Larson The "lot" was clearly intended as a future roadway and will be needed for Ward IV construction of a second access when vacant land to the west is developed. We discussed the matter with Glen and Al Thelen and a decision was made to purchase the lot. Mr. Sylling and I, as the City's representative, have agreed on the price of $8000, which will be charged to the Street Department. This purchase was not anticipated in the current budget so we must also request the Council's approval. I will copy Clarence on this memo and talk to him today about scheduling. Mr. Sylling's address and telephone number are as follows: Al Sylling Arico, Inc. P.O. Box 5376 Kalispell, MT 59903 752-9627 Thanks for your help. cc: City Manager Finance Director .T -« yam'' t I �1 �•1 ' �. O OTK• 9T=` ^1*13 eI IN .tT11 •a�j •) �¢� J n � I� , \ i I •J � J t •o 7 t •13 14s ECG. �I m t00 aq� t I IC J 7 w r '40A A r 1 K 1 I i I I 1 i a4 3^T - • 'C t3rc5Sk3slt3alls3ttai�73r I"�r�tai�lr9t �/ i� f4 i}t9' artl2!t�164'tddfr:6r 3T(IS�! F �/ :24 v4 .­6 8£GO C� 33JI— tgg _ aBJh - q ( I e� 1TY� :8.:`�1t6Q1 I81 u' t72 t� ` .0 JL US FS 30 t»a ave�� y 31/sw IC3 J y �. ,\ Its.. arZC7Lv CrvS ', 73i1 tx'�Yt ;,• t i E. •� °° !' jC'• 81 1 �O;T9 ITS `t r I •� � I ; I I• I I _3aa. 1