Resolution 4339 - Sale Agreement - Haven Field1624
RESOLUTION NO. 4332
A RESOLUTION AUTHORIZING THE SALE OF PORTION OF THE NE'!. OF THE NWA
AND THE NWT OF THE NWA, SECTION 20, T26N, R21W, FLATHEAD COUNTY,
MONTANA (MORE PARTICULARLY DESCRIBED IN EXHIBIT "A") TO THE OUTLAW
INN, A MONTANA JOINT VENTURE AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO A DEVELOPMENT AGREEMENT WITH THE OUTLAW INN, A MONTANA
JOINT VENTURE.
WHEREAS, the City of Kalispell, a municipal corporation, owns
certain real property described in Exhibit "A", attached
hereto and thereby made a part hereof, and
WHEREAS, by Ordinance No. 1242 the City Council created the
Kalispell City Airport/Athletic Complex Redevelopment
Plan and approved, as an urban renewal project, the sale
of said property to a developer and further authorized
the City to enter into a Development Agreement with a
developer upon terms and conditions consistent with said
Ordinance, and
WHEREAS, on September 9, 1996, the City Council established the
fair market value of said property to be in the range of
$4.48 to $5.00 per square foot and offered said property
for sale, and
WHEREAS, The Outlaw Inn, a Montana Joint Venture submitted a
proposal for the purchase of said property and
redevelopment of said property for purposes consistent
with Ordinance No. 1242, and
WHEREAS, the City and The Outlaw Inn have completed negotiations
on a Development Agreement which adequately addresses the
obligation of The Outlaw Inn to redevelop the property,
and
WHEREAS, the City Council desires to sell said property to The
Outlaw Inn for redevelopment as specified in the
Development Agreement, and
WHEREAS, said property is not held in trust for a specific purpose
and an election is not necessary to affect its sale, and
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WHEREAS, the Development Agreement in all respects complies in all
respects with Ordinance No. 1242 and said sale will be in
the best interest of the City of Kalispell and its
inhabitants, and
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That the Mayor and Clerk of the Council are hereby
authorized to execute all legal documents necessary
to transfer, by Grant Deed, all the City's right,
title and interest in the property described in
Exhibit "A" to The Outlaw Inn, said sale being
contingent on receipt of the sum of $738,700.00
less any amounts previously received.
SECTION II. That the City Manager and Clerk of Council are
authorized to execute the Development Agreement
with The Outlaw Inn, as approved by the City
Council on date of this Resolution.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL, THIS DAY OF JUNE, 1997.
DOUGI1hS D. RAUTHE - MAYOR
Attest:
Debbie G , CMC
Clerk of ouncil
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EXHIBIT "A"
That portion of the Northeast % of the Northwest X and the Northwest
U of the Northwest 'A of Section 20, Township 28 North, Range 21
West, P.M..M., Flathead County, Montana, more particularly described
as follows:
Commencing at the Northeast corner of the Northeast M of the
Northwest % of said Section 20; thence along the Northerly line of
said Section 20, North 890 52,30" West 1556.90 feet to the
Northeasterly right-of-way of U.S. Highway No. 93; thence along said
Northeasterly right-of-way line, South 330 04119" East 71.70 feet to
the Point of Beginning of the parcel being described; thence
continuing along said Northeasterly right-of-way line, South 330
04119" East 650.27 feet to the Northwesterly right-of-way of Lion
Park Street; thence along said Northwesterly right-of-way line of
said Lion Park Street, North 630 12102" East, 281.20 feet to the
Southwesterly right-of-way line of Third Avenue East, said point
being on a 1392.50 foot radius curve concave Southwesterly, having
a radial bearing of South 720 27106" West; thence Northwesterly
along the curve and along the Southwesterly right-of-way line of
Third Avenue East, through a central angle of 190 24119", an arc
distance of 471.62 feet to the Southerly right-of-way line of
Eighteenth Street East; thence along said Southerly line of said
Eighteenth Street East, North 890 52130" West 390.92 feet to the
Point of Beginning, containing 4.100 Acres of land, all as shown on
Certificate of Survey No. 12140.
ALSO
That portion of the Northeast 'A of the Northwest % of Section 20,
Township 28 North, Range 21 West, P.M..M., Flathead County, Montana,
more particularly described as follows:
Commencing at the Northeast corner of the Northeast 'A of the
Northwest % of said Section 20; thence along the Northerly line of
said Section 20, North 890 52130" West 1556.90 feet to the
Northeasterly right-of-way of U.S. Highway No. 93; thence along said
Northeasterly right-of-way line, South 330 04119" East 721.97 feet
to the Point of Beginning of the parcel being described; thence
continuing along said Northeasterly right-of-way line, South 330
04119" East 85.51 feet, thence North 630 1210211 East 255.29 feet, to
the Southwesterly right-of-way line of Third Avenue East, said point
being on a 1392.50 foot radius curve concave Southwesterly, having
a radial bearing of South 760 00156" West, thence Northwesterly
along the curve and along the Southwesterly right-of-way line of
Third Avenue East, through a central angle of 3o 33149" an arc
distance of 86.61 feet, thence South 630 121020 West 281.20 feet to
the Point of Beginning, containing 0.524 acres of land and shown as
Lion Park Street on Certificate of Survey No. 12140.
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