Resolution 3532 - Resolution of Intent to Sell Real PropertyRESOLUTION NO. 3532
A RESOLUTION OF INTENTION TO SELL CERTAIN REAL PROPERTY OWNED BY
THE CITY OF KALISPELL.
WHEREAS, the City of Kalispell, a municipal corporation, owns certain real
property located in the NE 1, Section 119, T28N, R21W, P.M.M., Flathead County,
Montana, as more particularly described in Exhibit "A" attached hereto and for
purposes of this Resolution made a part hereof, and
WHEREAS, Section 7-8-4201, Montana Code Annotated 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 City Council of the City of Kalispell, Montana, desires to sell
said property, for the purpose of financing certain improvements to other real
property owned by the City of Kalispell, to -wit: construction of improvements to
the Kalispell City Airport, and
WHEREAS, the property has been appraised by a licensed
appraiser of the State of Montana, at , and
WHEREAS, the property is not held in trust by the City of Kalispell for a
specific purpose and therefore does not require an election in order to authorize
it's sale, 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 of Kalispell and its inhabitants to sell said property to pay for said City of
Kalispell Airport improvements.
NOW, THEREFORE, be it resolved by the City Council of the City of Kalispell,
Montana, as follows:
SECTION I. That the City of Kalispell sell certain real property located
in the NEJ, Section 19, T28N, R21W P.M.M., Flathead County, Montana,
as more particularly described in Exhibit "A".
SECTION Ill. That the City Council of the City of Kalispell shall receive
sealed bid proposals, addressed to the City Clerk, for purchase of the
property from the City at the regularly scheduled Council Meeting on
the day of , 1984.
SECTION 111. That the terms of said sale shall be cash within ten (10)
days after the notice from the City to the prospective purchaser that
the bid for the sale of said property is acceptable to the City.
SECTION IV. J-hat prospective purchases of said property shall as a
condition of bidding said property, submit to the City Clerk with their
proposal, cash, certified check or bank money order in an amount of
not less than five (5) percent of the bid amount as earnest money.
The earnest money, herein required, shall assure that the prospective
purchaser, whose bid is accepted, shall enter into, execute and perform
according to his bid. Should the prospective purchaser fail and refuse
to purchase the property, he shall forfeit such earnest money to the
City. The earnest money of unsuccessful prospective purchasers shall
be returned.
SECTION V. Should the successful prospective purchaser fail to purchase
the property, the City reserves the right to consider and sell said
property to the next highest prospective purchaser.
SECTION V1. The City shall require the successful prospective purchaser
to bid at least ninety percent (90) of the appraised value.
SECTION VII. Should the City fail to receive any bids for the property,
should the bids received not be at least ninety percent (90) of the
appraised value, the City Council reserves the right to sell the property
at private sale at an amount agreeable between the City and a purchaser
which shall be in the best interests of the City of Kalispell and its
inhabitants.
SECTION VIII. The City Clerk and City Attorney are hereby authorized
to advertise the sale of the property, both through legal notice and
commercial advertisement. Legal notices of the sale shall be published
at least twice on successive weeks in the Daily Inter Lake.
SECTION IX. The City Council hereby reserves the right to reject any
or all bids or to waive any. technicality or informality and accept any
bid which may be deemed best for the interests of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AND APPROVED BY THE MAYOR THIS % DAY OF 1984.
cD7owe -- Mayor
ATTEST:
2h L
Marjorie ,triermann, City Clerk -Treasurer
EXHIBIT "A"
A tract of land situate, lying and being in the East Half of the NE, of the NEB,
Section 19, T28N, R21W, M.P.M., Flathead County, Montana, and more particularly
described as follows, to -wit:
Commencing at the NE corner of said Section 19;
Thence S 2 min. West, along the easterly boundary line of said Section
19, a distance of 441.8 feet to a point;
Thence N 89058' W, 30 feet to the Westerly boundary line of said County
road and the true point of beginning of the tract of land being described;
Thence coritinoing N 89058' W, a distance of 280 feet;
Thence S 2 minutes W, a distance of 205 feet;
Thence N 89°58' West, a distance of 150 feet;
Thence S 2 minutes West, a distance of 145 feet;
Thence S 89058' E, a distance of 430 feet to the Westerly boundary line
of said County road;
Thence N 2 minutes E, and along the Westerly boundary of said County
Road, a distance of 350 feet; more or less, to the true point of beginning
and containing approximately 2.75 acres, more or less.
LESS
A tract of land in the East half of the NEIT of the NE4 of Section Nineteen (19),
T28N, R21W, P.M.M., Flathead County, Montana and described as follows:
Commencing at the NE corner of Section 19;
Thence S 0002' W., and along the easterly boundary line of said Section
19, 646.8 feet to a point;
Thence N 89058' W. , 310.0 feet to the true point of beginning of the
tract of land being described;
Thence N 89058' W. , 150.0 feet to a point;
Thence S 0002' W. , 145.0 feet to a point;
Thence S 89058' E. , 150.0 feet to a point;
Thence N 01102' E., 14.5.0 feet to the point of beginning and containing
0.50 acres of land, more or less.
T, the undersigned, City Clerk of the City of Kalispell certify that the foregoing
is a true copy of the Resolution passed by the City Council of the City of Kalispell
Montana at a regular meeting held June 25, 1984.
City erk of the City of Kalispell
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EXHIBIT "A"
Parcel 2
That portion of the Northwest 1, Section 20, Township 28
North, Range 21 West, Flathead County, Montana described
as follows:
Commencing at the North � corner of Section
20;
Thenc.:e along the East line of the Northwest j
South 00°02'00"
East. 1265.84 feet to the Northeast corner
of that parcel
shown in Deed Book .538, Page 979, records
of Flathead
County,
Thence along the North Line of said parcel
North 89149'00"
West 146.95 feet to the Point of Beginning;
Thence continuing along the North line North
89049100" .West
481.09 feet to. the East right-of-way line of
U..S. Highway
93;
Thence along the East right-of-way line of
said Highway,
South 18015152" East 84.75 feet;
Thence South 88041137" East 180.00 feet;
Thence South 01018123" West 25.00 feet;
Thence South 88141137" East 180.00 feet:
Thence North 00002100" West 114.31 feet to the
Point of Begin-
ning, containing 1.013 acre of land, all as shown hereon.
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