Resolution 5854 - Approving the Sale of City Owned Property as an Exchange for Easement for WSSIRESOLUTION NO. 5854
A RESOLUTION APPROVING THE SALE OF CITY OWNED PROPERTY AS AN
EXCHANGE FOR A RESERVATION OF EASEMENT TO SERVE THE WEST SIDE
SEWER INTERCEPTOR SERVICE.,
WHEREAS, the City of Kalispell acquired a parcel of property described in Exhibit "B" attached
hereto for the purpose of placing a portion of the west Side Sewer Interceptor service
within it; and
WHEREAS, the consultant for the City has recently negotiated with neighboring property owners
to acquire a reservation of easement on those properties shown and described in
Exhibit "A" as an alternative route for the west Side Sewer Interceptor service; and
WHEREAS, the neighboring property owner is interested in obtaining the city owned parcel of
property in exchange for conveying all necessary easement rights to the City upon his
parcel of property; and
WHEREAS, the Public works Department staff believe that the alternative route has the
significant benefit of avoiding the construction and maintenance disruption on South
Meridian Road and on Fourth Street and the City's consultant estimates an overall
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WHEREAS, the consultant has obtained valid valuations of the city owned property and the
easement reservation to be acquired in the similar ranges of $60,000 to $65,000; and
WHEREAS, the city council finds that the City will receive fair market compensation for its
property in the proposed real estate exchange and that it is in the best interests of the
City, its taxpayers and ratepayers to enter into such exchange.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS
SECTION L The Mayor is hereby authorized, on behalf of the city, to enter into a purchase
and sale agreement to affect the real estate transaction exchange described in
the recitals above.
PASSER AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF RALISPELL, THIS 5TH DAY OF MARCH 2018.
Mark Johnson
Mayor
ATTEST:
Aimed Brunckhorst, CMC
City Clerk
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EXHIBIT "B"
A portion of the Northeast Quarter of the Southeast Quarter of Section 13, Township 28 North,
Range 22 west, P.M.,M., Flathead County Montana, being more particularly described as
follows:
Beginning at the south corner of the east boundary of Tract 1, Certificate of Survey No. 19702,
records of Flathead County, Montana, said point being on the west right-of-way of Meridian
Road; thence along the southeasterly boundary of said tract for the next two courses;
South 88°23'40" west 194.88 feet; thence South 01 °36'20" East 169.73 feet to the centerline of
Ashley Creek; thence along said centerline, South 75°47;16" East 43.61 feet to the northwesterly
right-of-way of Foys Lake Road and the beginning of a 1025.00 foot radius curve concave
southeasterly, with a radial bearing of South 45 ° 10'32" East; thence along said northwesterly
right-of-way and said curve, through a central angle of 10'52' 09", an arc length of 194.44 feet to
the abovesaid west right-of-way of Meridian Road; thence along said west right-of-way, North
00°39'58" west 59.30 feet to the Point of Beginning, containing 0.574 acre of land, more or less.
RESERVING- UNTO GRANTOR an Easement and Right-of-way for public road and utilities
upon which to construct, operate, maintain, replace, upgrade and remove public utilities and
necessary appurtenances, along with access to, from and along the same covering and embracing
the following described land:
A strip of land 10 (ten) feet wide, being the easterly 10 feet parallel to the easterly boundary of
the above said tract of land, with side lines being lengthened and shortened to intersect property
boundaries, containing an area of 626 sq. ft., more or less, as shown on the attached Exhibit "A"
AND EXCEPTING THEREFROM those portions conveyed to the State of Montana in Bargain
and Sale Deeds recorded July 1, 1965 as Document Nos. 5595 and 5596;
AND SUBJECT TO any and all covenants, conditions, restrictions provisions, easements and
encumbrances apparent or of record.