Resolution 4522 - Removal of Deed Restrictions for Flathead Industries2029
RESOLUTION NO. 4522
A RESOLUTION AUTHORIZING THE REMOVAL OF DEED RESTRICTIONS CONTAINED
IN GRANT DEEDS EXECUTED ON BEHALF OF THE CITY OF KALISPELL TO
FLATHEAD INDUSTRIES.
WHEREAS, the City of Kalispell by Grant Deed transferred the
following described property to Flathead Industries, a
Montana non-profit corporation, on April 7, 1981:
Lot 8 of Block 62 of Kalispell Original
Townsite, Kalispell, Montana, (Book 712 Deeds,
Page 606)
and
WHEREAS, the City of Kalispell by Grant Deed transferred the
following described property to Flathead Industries, a
Montana non-profit corporation, on September 3, 1981:
East 80 feet of Lot 6 of Block 40, Kalispell Original
Townsite, Kalispell, Montana, (Book 725 Deeds, Page 794)
and
WHEREAS, the City of Kalispell by Grant Deed transferred the
following described property to Flathead Industries, a
Montana non-profit corporation, on September 3, 1981:
Lot 8 of Block 70, Kalispell original Townsite,
Kalispell, Montana, (Book 725 Deeds, Page 796)
and
WHEREAS, said Grant Deeds contained provisions containing the
following language limiting use of the property and
restraining alienation:
and
Should said premises be used for other
than a Center for the Handicapped, all
right, title and estate in and to said
premises shall revert to the said City of
Kalispell and the grant made hereby shall
be terminated.
Further, these premises may not be sold
by the Grantee for any purpose without
first such sale having been authorized by
the appropriate Resolution passed by the
City Council and approved by the Mayor of
the City of Kalispell.
WHEREAS, Flathead Industries has acquired Lot A of the Amended
Subdivision Plat of Lots 8 and 9, Block 51, Kalispell;
and Lot 10, Block 51, Kalispell for the purpose of
constructing housing for handicapped individuals, and
WHEREAS, in order to construct handicapped housing on the above
referenced lots, Flathead Industries must sell the
property deeded to Flathead Industries by the City in
1981, above described, and
WHEREAS, to facilitate the sale of said property it is necessary
to release those portions of the Grant Deeds that limit
use and restrain alienation, and
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WHEREAS, Flathead Industries has agreed that the language limiting
use and restraining alienation may be placed on Lot A and
Lot 10, Block 51 with said conditions terminating on
January 1, 2031.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That the City Manager is hereby directed and
authorized to execute on behalf of the City
the legal documents necessary to release all
conditions attached to Grant Deeds recorded at
Book 712 Page 606; Book 725 Page 794 and Book
725 Page 796.
SECTION II. That the City Manager is authorized to accept
on behalf of the City a covenant executed by
Flathead Industries restricting the use and
restraining alienation of Lot A of the Amended
Subdivision Plat of Lots S and 9, Block 51 and
Lot 10, Block 51, Kalispell, Montana for a
period terminating on January 1, 2031.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 6TH DAY OF DECEMBER, 1999.
Attest:
Theresa White
City Clerk
W,.E.5ahars 1 .
Wm. E. Boharski
Mayor