Staff Report/Sale of Property to Muskrat Slough41 City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 _ Telephone (406)758-7700 Fax(406)758-7758
REPORT TO: Honorable Mayor and City Council
FROM: Chris A. Kukulski, City Manager
SUBJECT: Disposal of Property
MEETING DATE: June 4, 2001
BACK GROUND:
The Kelly Road Lift Station was built and turned over to the City in 1999. Our understanding was that we
would receive only the property surrounding the lift station, which consists of approximately one City lot.
Instead, and much to our surprise, the property owners also deeded to the City a substantial amount of
additional property which is relatively useless because it is in a slough and had back taxes owing.
Last Fall, I was contacted by several homeowners in the Meadows Park Subdivision, which backs up to this
parcel of property. They wanted to know if they could gain ownership of the land in order to protect the
natural setting. They agreed to pay for the survey work in order to accommodate the land transfer.
In January, we met with a realtor and developer who are also interested in that same parcel of property in
order to build a subdivision across from the Willows. They obviously would not be able to use the section
that is in the slough, but there is some high ground on this parcel. During a neighborhood meeting, the
homeowners agreed to create an association that would own and maintain the slough and in exchange for
paying the back taxes and all of the survey and land transfer costs, the developer could have the high ground.
Unfortunately, the homeowners association was never developed and the catalyst behind the neighborhood
group has informed me that an association is not going to be developed and the property can be sold to the
developers.
The attached resolution sells the property to the developers for $2,500.00 plus all costs associated with the
land transfer. The end result is that a 25-lot subdivision, annexed and built to City standards, will place the
property back on the tax rolls.
RECOMMENDATION: The City Council approve Resolution 4622 authorizing the City Manager and
Finance Director to sign documents necessary to sell certain real property as described on Exhibit A.
FISCAL EFFECTS: The sale price is $2,500.00 reimburses the City for time and effort involved in the
sale.
ALTERNATIVES: As suggested by the Council.
Respectfully submitted,
Chris A. Kukulski
City Manager
Report compiled May 30, 2001
Tim Birk
880 Farm Road
Kalispell, Montana 59901
January 16, 2001 ,
Chris Kukulski, City Manager
CITY OF KALISPELL
321 1st Avenue East
Kalispell, Montana 59901
Dear Chris,
Thank you for taking your time to visit with my partners and me on our proposed
development off Willow Glen Drive.
We would like the council to know that this project would be developed to city
standards, i.e., streets, curbs, sidewalks, lighting, water and sewer, and that we would
petition for annexation.
From the attached drawing you will see that the proposed lots are larger than most city
lots and will make a fine addition to the surrounding neighborhood. This project would
generate a substantial tax benefit to the city over it's existing use.
This piece of ground, (less than an acre) is adjacent to the property we have optioned
to purchase, and is key to this project. We would appreciate the council's opinion as to
whether the City of Kalispell would be willing to sell this parcel to us.
Sincerely,
Tim Birk
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RESOLUTION NO. 4623
A RESOLUTION AUTHORIZING THE MAYOR OR CITY MANAGER AND CITY FINANCE
DIRECTOR TO EXECUTE DOCUMENTS NECESSARY TO SELL CERTAIN REAL
PROPERTY DESCRIBED IN EXHIBIT "AN TO MUSKRAT SLOUGH PARTNERSHIP,
JOHN G. GARLOUGH AND KRISTINA D. GARLOUGH, WALTER C. KROEMER, BURL
D. FRENCH AND DEBORAH K. FRENCH, DORTHY FULLER, AND MICHAEL D.
KIGER AND PENNY C. KIGER.
WHEREAS, the City of Kalispell, a municipal corporation, owns
certain real property described in Exhibit "B", attached
hereto and thereby made a part hereof, 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 a portion of said
property by selling said portions to Muskrat Slough
Partnership, John G. Garlough and Kristina D. Garlough,
Walter C. Kroemer, Burl D. French and Deborah K. French,
Dorthy Fuller, and Michael D. Kiger and Penny C. Kiger,
in accordance with Section 7-8-4201, MCA, and
WHEREAS, Muskrat Slough Partnership has agreed to develop a
substantial portion of the property in accordance with
City Standards, including sidewalks, curb and gutter and
other amenities, and
WHEREAS, the City Council hereby determines that the fair market
total value of the property to be sold is the sum of Two
Thousand Five Hundred Dollars ($2500.00).'
muskratslough
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION I. That the Mayor or City Manager and Finance
Director are hereby authorized to execute the
documents necessary to sell all right, title
and interest that the City has to the real
property for the sum of Two Thousand Five
Hundred Dollars ($2500.00), in the respective
amounts, described in Exhibit "A" to Muskrat
Slough Partnership, John G. Garlough and
Kristine D. Garlough, Walter C. Kroemer, Burl
D. French and Deborah K. French, Dorthy
Fuller, and Michael D. Kiger and Penny C.
Kiger.
SECTION TI. This Resolution shall take effect immediately
upon passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 4TH DAY OF JUNE, 2001,
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
muskratslough
EXHIBIT "A„
LOT 132A OF THE AMENDED SUBDIVISION PLAT OF GREENACRES WEST NO.4, and
LOT 133A OF THE AMENDED SUBDIVISION PLAT OF GREENACRES WEST NOA , and
LOT 134A OF THE AMENDED SUBDIVISION PLAT OF GREENACRES WEST NO.4, and
LOT 135A OF THE AMENDED SUBDIVISION PLAT OF GREENACRES WEST NO.4,and
LOT 136A OF THE AMENDED SUBDIVISION PLAT OF GREENACRES WEST NO.4, and
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND
IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 28
NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 20; THENCE N89°20'32"W, ON
AND ALONG THE NORTH BOUNDARY OF SAID NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER, A DISTANCE OF 30.00 FEET TO A POINT AND WHICH POINT IS THE TRUE POINT OF
BEGINNNING;
THENCE S00008'23"E, AND LEAVING SAID NORTH BOUNDARY, A DISTANCE OF 1.00 FEET TO A
FOUND 5/8" RE -BAR; THENCE N89020'32"W, A DISTANCE OF 53I.96 FEET TO A POINT; THENCE
N13.3 F51 "W, A DISTANCE OF 222.02 FEET TO A FOUND 5/8" RE -BAR; THENCE N37°3 F51 "W, A
DISTANCE OF 231.00 FEET TO A FOUND 5/8" RE -BAR; THENCE NO2 °31'51 "W, A DISTANCE OF 148.00
FEET TO A FOUND 5/8" RE -BAR; THENCE N00'04'35"E, A DISTANCE OF 129.90 FEET TO A POINT;
THENCE N89 ° 54'08"E, A DISTANCE OF 29.57 FEET TO A POINT; THENCE N43 ° 36' 1 I "E, A DISTANCE OF
42.81 FEET TO A POINT; THENCE N61 'I 0'22"E, A DISTANCE OF 60.45 FEET TO A POINT; THENCE
N73 038'58"E, A DISTANCE OF 77.58 FEET TO A POINT; THENCE N85 °24'58"E, A DISTANCE OF 59.93
FEET TO A POINT AND WHICH POINT LIES ON THE EAST BOUNDARY OF PARCEL A OF
CERTIFICATE OF SURVEY NUMBER 12621, RECORDS OF FLATHEAD COUNTY; THENCE S00° 14'04"E,
ON AND ALONG SAID EAST BOUNDARY, A DISTANCE OF 763.21 FEET TO A POINT; THENCE
S89020'32"E, A DISTANCE OF 481.63 FEET TO THE TRUE POINT OF BEGINNING,
THIS TRACT CONTAINS 2,977 ACRES AND SUBJECT TO AND TOGETHER WITH ALL APPURTENANT
EASEMENTS OF RECORD.
deedlmuskratetaldescription
EXHIBIT "B"
DESCRIPTION - TRACT 1
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA,
FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 132 OF GREENACRES WEST UNIT NO.
4 AND WHICH PLAT IS ON FILE WITH THE FLATHEAD COUNTY CLERK AND RECORDER'S
OFFICE AND WHICH POINT LIES ON THE SOUTH RIGHT-OF-WAY BOUNDARY OF A 60-FOOT
DEEDED COUNTY ROAD KNOWN AS KELLY ROAD AND WHICH POINT IS THE TRUE POINT
OF BEGINNING;
THENCE S27"55'50"E, ON AND ALONG THE WEST BOUNDARY OF SAID LOT 132, A DISTANCE
OF 74.00 FEET TO A SET 5/8" RE -BAR; THENCE S70°43'26"W, AND LEAVING SAID WEST
BOUNDARY, A DISTANCE OF 47.00 FEET TO A SET 518" RE -BAR; THENCE N20° 14'31 "W, A
DISTANCE OF 64.00 FEET TO A SET 5/8" RE -BAR AND WHICH POINT LIES ON THE SOUTH
RIGHT-OF-WAY BOUNDARY OF SAID KELLY ROAD; THENCE N54°06'49"E, ON AND ALONG
SAID SOUTH RIGHT-OF-WAY BOUNDARY, A DISTANCE OF 12.00 FEET TO A FOUND 5/8" RE -
BAR AND WHICH POINT IS A POINT OF CURVATURE; THENCE NORTHEASTERLY, ON A
NON -TANGENT CURVE TO THE RIGHT (DELTA = 08°0602", RADIUS = 184.64 FEET AND
RADIAL BEARING = S36001'52"E), AND ARC DISTANCE OF 26.10 FEET TO THE TRUE POINT
OF BEGINNING.
THIS TRACT CONTAINS 0.067 ACRE AND SUBJECT TO AND TOGETHER WITH ALL
APPURTENANT EASEMENTS OF RECORD.
DESCRIPTION - TRACT 2
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER
AND IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20,
TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD
COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 20; THENCE
N89°20'32"W, ON AND ALONG THE SOUTH BOUNDARY OF SAID SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER, A DISTANCE OF 30.00 FEET TO A FOUND 5/8" RE -BAR AND
WHICH POINT LIES ON THE WEST RIGHT-OF-WAY BOUNDARY OF A 60-FOOT DECLARED
COUNTY ROAD KNOWN AS WILLOW GLEN DRIVE AND WHICH POINT IS THE TRUE POINT
OF BEGINNING;
THENCE S00°08'23"E, ON AND ALONG SAID WEST RIGHT-OF-WAY BOUNDARY, A DISTANCE
OF 1.00 FEET TO A FOUND 5/8" RE -BAR; THENCE N89°20'32"W, A DISTANCE OF 531.96 FEET
TO A POINT; THENCE N13'3F51"W, A DISTANCE OF 222.02 FEET TO A FOUND 5/8" RE -BAR;
THENCE N3703 F5 I "W, A DISTANCE OF 231.00 FEET TO A FOUND 5/8" RE -BAR; THENCE
NO2°31'51 "W, A DISTANCE OF 148.00 FEET TO A FOUND 518" RE -BAR; THENCE N00°04'35"E, A
DISTANCE OF 195.00 FEET TO A FOUND 5/8" RE -BAR; THENCE N53°55'56"E, A DISTANCE OF
134.29 FEET TO A FOUND 5/8" RE -BAR; THENCE N 17° 18'41 "W, A DISTANCE OF 84.42 FEET TO
A FOUND 5/8" RE -BAR AND WHICH POINT LIES ON THE SOUTH RIGHT-OF-WAY BOUNDARY
OF A 60-FOOT DEEDED COUNTY ROAD KNOWN AS KELLY ROAD; THENCE N54°06'49"E, ON
AND ALONG SAID RIGHT-OF-WAY BOUNDARY, A DISTANCE OF 32.94 FEET TO A SET 5/8"
RE -BAR; THENCE S20°14'31"E, AND LEAVING SAID RIGHT-OF-WAY BOUNDARY, A
DISTANCE OF 64.00 FEET TO A SET 5/8" RE -BAR; THENCE N70°43'26"E, A DISTANCE OF 47.00
FEET TO A SET 518" RE -BAR AND WHICH POINT LIES ON THE WEST BOUNDARY OF LOT 132
OF GREENACRES WEST UNIT NO.4; THENCE S27'55'50"E, ON AND ALONG SAID WEST
BOUNDARY, A DISTANCE OF 40.73 FEET TO A FOUND 5/8" RE -BAR; THENCE N77°07'36"E, ON
AND ALONG THE SOUTH BOUNDARY OF SAID LOT 132, A DISTANCE OF 42.10 FEET TO A
FOUND 5/8' RE -BAR AND WHICH POINT IS THE SOUTHWEST CORNER OF LOT 131 OF SAID
GREENACRE'S WEST UNIT NO.4; THENCE S89°27'32"E, ON AND ALONG THE SOUTH
BOUNDARY OF SAID LOT 131, A DISTANCE OF 9.04 FEET TO A FOUND 5/8" RE -BAR; THENCE
S00°14'04"E, AND LEAVING SAID SOUTH BOUNDARY, A DISTANCE OF 849.23 FEET TO A
POINT; THENCE S89°20'32"E, A DISTANCE OF 481.63 FEET TO THE TRUE POINT OF
BEGINNING.
THIS TRACT CONTAINS 3.551 ACRES AND SUBJECT TO AND TOGETHER WITH ALL
APPURTENANT EASEMENTS OF RECORD.