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Resolution 4366 - Authorizing Sale of Daley Field to Rosauers170o RESOLUTION NO. 4366 A RESOLUTION AUTHORIZING THE SALE OF A PORTION OF THE NW%, SECTION 20, T28N, R21W, FLATHEAD COUNTY, MONTANA TO ROSAUERS SUPERMARKET, INC., A WASHINGTON CORPORATION AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ROSAUERS SUPERMARKET, INC. 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 February 3, 19.97, the City Council authorized the City Manager to offer said property for sale and redevelopment in accordance with the Plan, and WHEREAS, Rosauers Supermarket, Inc. 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 Rosaurs Supermarket, Inc. desire to enter into negotiations on a Development Agreement which adequately addresses the obligation of Rosauers Supermarket, Inc. to redevelop the property, and WHEREAS, the City Council desires to sell said property to Rosauers Supermarket, Inc. 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 WHEREAS, the Development Agreement shall comply 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 j:wplres\Romers 1 r 1 01 7 Il NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF- KALISPELL, AS FOLLOWS: SECTION I. That the Manager is hereby authorized to enter into negotiations with Rosauers Supermarket, Inc. and reduce to writing a Development Agreement consistent with the Airport/Athletic Complex Redevelopment Plan, the Daly Field Offering Document, and the Redevelopment Proposal of Rosauers Supermarket, Inc. SECTION II. That upon review and approval of the Development Agreement by the City Council, the Mayor and City Clerk of 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 as a tract of land NWA, Section 20, T28N, R21W, Flathead County, Montana to Rosauers Supermarket, Inc., said sale being contingent on receipt of the sum of not less than $743,311.00 less any amounts previously received. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL, THIS 15-"' DAY OF SEPTEMBER, 1997. Attest: C- Debbie GVWd, CMC Clerk of Council J wplreslRosmers 170,2 EXHIBIT "A" That portion of the Northwest % of Section 20, Township 28 North, Range 21 West, Principal Meridian, Flathead County, Montana, more particularly described as follows: Commencing at the Northwest corner of the Southeast % of the Northwest % of said Section 20; thence along the Easterly line of said aliquot part South 00001158" West 148.88 feet to the Point of Beginning of the parcel being described; thence South 330061100 East 1200.75 feet to the Northwesterly line of that parcel described as Tract II in Document No. 9202116120, records of Flathead County; thence along said Northwesterly line of said Tract II, North 56055116" East 439.83 feet to the Southwesterly right-of-way line of U.S. Highway No. 93; thence along said Southwesterly right-of-way line, North 33004119" West 1568.07 feet to the Southeasterly line of that parcel described in Book 372, Page 172, records of Flathead County; thence along said Southeasterly line of said parcel South 560521570 West 300.01 feet to the Northeasterly line of that parcel described in Book 507, Page 116, records of Flathead County; thence along said Northeasterly line of said parcel, South 33015145" East 60.37 feet to the Southeasterly line of said parcel; thence along said Southeasterly line of said parcel, South 56048158" West 140.83 feet; thence South 33006110" East 306.49 feet to the Point of Beginning, containing 15.651 Acres of land, all as shown on Certificate of Survey No. 12729. Reserving therefrom a non-exclusive roadway and utility easement, being 30 feet in width, lying Northwesterly of and along the most Southeasterly line of the above described Parcel 4. Reserving therefrom a non-exclusive roadway and utility easement, being 30 feet in width, lying Southeasterly of and along the most Northwesterly line of the above described Parcel 4. fI I_- 1_1