Resolution 5159 - Resolution of Intent & Call for PH - Sell Setback Easement to Dr. AbbottRESOLUTION NO.5159
A RESOLUTION OF INTENT TO SELL A SETBACK ENCROACHMENT EASEMENT ON
THE CITY OWNED BUFFALO HILL MUNICIPAL GOLF COURSE TO DR. DANIEL
ABBOTT, SETTING A PUBLIC HEARING AND DIRECTING THE CITY CLERK TO
PROVIDE NOTICE THEREFORE,
WHEREAS, Dr. Daniel Abbott owns property at 86 Juniper Bend, Kalispell Montana, adjacent to the
City owned Buffalo Hill Municipal Golf Course; and
WHEREAS, Dr. Daniel Abbott caused improvements to be made to his above -described real property
that created an illegal encroachment within the Kalispell City zoning requirement of a 20-
foot setback from the neighboring property, the Buffalo Hill Municipal Golf Course; and
WHEREAS, Dr. Daniel Abbott has offered to purchase a setback encroachment easement from the
City in an effort to cure the illegal encroachment; and
WHEREAS, subject to MCA 7-8-4201, the city council may sell, dispose of, or lease any property
belonging to the city by an ordinance or resolution passed by a two-thirds vote of all the
members of the council; and
WHEREAS, prior to selling City owned property the City should hold a public hearing on the matter
after giving due and proper notice of said hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
AS FOLLOWS:
SECTION I. That there is hereby set a Public Hearing on the 20th day of November,
2006, at 7:00 o'clock p.m. in the Council Chambers, City Hall, Kalispell,
Montana, to discuss a proposal to sell a setback easement on the Buffalo
Hill Municipal Golf Course to Dr. Daniel Abbott.
SECTION IL The City Clerk is hereby authorized and directed to make, publish and
distribute notices of said Public Hearing in conformity with state law.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, ON THE 6TH DAY OF _N__OVEMBER, 2006.
ATTEST:
Theresa White
City Clerk