F2. Resolution 5712 - ROI - Sell Old School Station LotsCharles A. Harball Office of City Attorney
City Attorney 201. First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Doug Russell, City Manager* --
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
'S--WBJECT: Resolution No. 5712 — Resolution of Intent to Retain and Sell
Six Parcels of Old School Stq.,tio.tL
IMETING DATE: April 20, 2015 — Regular Council Meeting
BACKGROUND: On April 6th, by means of Resolution No. 5710, the City Council
elected to take assignment from Flathead County of its tax lien on six parcels of Old
School Station by paying the past due taxes and assessments. This has been
accomplished and land title commitments were ordered and prepared for the City on the
parcels.
The next step of the process is taken by means of Resolution No. 5712 in which the
Council states its intention to retain and sell the properties and to set the concluding
date and time of the period of redemption. This notice is ordered to be published and also
mailed to all parties of interest identified in the title commitments. Those parties have
the election to reimburse the Cit, for the funds it nded in takin•th
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The date and time set for ending the redemption period is set for May 4, 2015 at 7:00pm.
At that time, should there be a failure to redeem, a resolution will be prepared for the
Council to consider passing to retain and sell the parcels. If the Council passes that
resolution, title to the properties would then be vested in the City.
RECOMMENDATION: It is recommended that the City Council pass Resolution No.
5712.
A RESOLUTION OF INTENT BY THE CITY COUNCIL OF THE CITY
KALISPELL, Y'- RETAIN AND SELL, PUR
7-8-2301,
STATIONINTERESTS IN REAL PROPERTY ASSIGNED TO IT BY FLATHEAD
ACCORDINGf D `; RECORD
PARTIESOFFICE OF CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, TO
1 DATE 1 CONCLUDING P: MONTANA AND DESCRIBED AS LOTS 3A,- 4, 6, 8, 9 AND 15 OF OLD REQUESITE NOTICE OF SUCH INTENT BY PUBLICATION AND MAILING TO I
OREDEMPTION.
WHEREAS, Flathead County, pursuant to the terms of MCA 15-17-214, obtained a tax lien and.
struck off certain real property described as Lots 3A, 4, b, 8, 9 and 15 of Old School
Station according to the plat and amended plats of record in the Office of Clerk and
Recorder of Flathead County, Montana for failure to pay taxes and assessments; and
WHEREAS, the City of Kalispell elected by Resolution No. 5710 and pursuant to MCA 15-17-
317, to pay the delinquent taxes and SID assessments to the County and take
assignmeait of all of the rights acquired by the County by means of the tax lien sale;
and
WHEREAS, the Kalispell City Council finds that it is in the best interests of the City to state its
intent, pursuant to MCA 7-8-2301, to retain and sell the above described property and
therefore fix the concluding date and time of the redemption period as May 4, 2015 at
7:OOpm.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL U
MONTANA,FOLLOWS:
SECTICON l: The City of Kalispell hereby states its intent, pursuant to .FICA 7-8-2301, to
retain and sell all interests in real property described as Lots 3A, 4, b, 8, 9
and 15 of Old School Station according to the plat and amended plats of
record in the Office of Clerk and Recorder of Flathead County, Montana.
SECTION 2: The conclusion of the period of redemption in which an interested party
may redeem the property by payment of all past due taxes, assessments,
penalties, interests and costs shall be set for May 4, 2015 at 7:00pm at
which time the City shall be prepared to enter a resolution of retention.
SECTION 3: The City Clerk is hereby directed to give notice of this resolution by
publication as provided in MCA 7-1-2121 and shall also mail said notice
to interested parties identified through title search., including in such
notice a list of all parcels to be retained, the fair market value of the
parcels as determined and fixed by the department of revenue, and the
time fixed for entry of resolution of retention.
SECTION 4: This Resolution shall take effect immediately upon its adoption by the City
Council, and signing by the Mayor thereof.
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U R
Aimee Brunckhorst, CIVIC
City Clerk