Nix to Harball/Siderius Offer to Sell LandKalispell,JERRY M. NIX
43 Sunrise Drive
99I
August 17, 2009
Charles Harball
City of Kalispell
201 First Avenue East
Kalispell, MT 59901
Dear Mr. Harball:
On behalf of the Siderius Family Limited Partnership, please accept this
letter as a formal "Letter of Interest" to sell the City of Kalispell
approximately 4.83 acres of land. The subject 4.83 acres of land lies south
and adjacent to the City's 40 acre sludge disposal site, and is intended to
replace approximately 4.83 acres that the City will lose to the Kalispell City
Airport Expansion. Attached is a map prepared by Robert Peccia and
Associates which outlines the approximate location and configuration of the
subject property.
It is understood that the City will need to pay for a "Yellow Book" appraisal
of the subject property, which will identify the proposed sale price of the
subject property. When the appraisal of the subject property is complete, the
City will prepare a formal written offer to purchase the subject property for
the Yellow Book appraised value.
In addition, it is understood that the City will pay for all costs of surveying
the subject property, preparing a formal legal description, and recording the
formal boundary lot line adjustment. The Siderius Family Limited
Partnership hereby grants the City of Kalispell permission to enter upon the
subject property for the purposes of inspection and surveying. Upon closing,
the City ' of Kalispell will pay to fence the subject property's south and, east
boundaries. No water or well rights will be transferred to the City.
,I ' I6
jnix*mtdig.net
Real Estate Development
August 17, 2009
Page 2
Also enclosed for your reference are the following documents:
1. The current legal description and plat of the Siderius Family Limited
Partnership's lands, Certificate of Survey No. 17744;
2. A copy of the topography map of the Siderius Family Limited
Partnership lands prepared by Sands Surveying; and
3. A soils test boring map and boring log for boring #B-10, which
is on the subject property. The soils tests were conducted by NTL
Engineering and Geoscience;
4. A CIS containing the above exhibits and the complete soils
investigation prepared by NTL Engineering and Geoscience.
We look forward to receiving your buy -sell agreement and working with you
to complete the sale of this property in the near future. Please let me know if
there is any further information that you may need.
cc: Siderius Family Ltd. Partnership Sincerely,
Tia Robbin
red Leistiko `
Jerry M. Nix
R
13+
Easement
(Wise)
12BA
(City of Kalispell)
ULTIMATE R
PROTECTIO
(RPZ)
V 12+
(Flathead Co.)
C."
12A
V I
Easemert
(Glacier Mem.
Cemetery)
12C 12AA
(Flathead Co.)
me
81a wre r M
eter
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00,
\—ULTIMATE RELOCATION
OF CEMETERY ROAD
\Portion of Tract 5F
City of Kalispell
4.83 Acres
5F
SW 114 of NE X4
Section 29
Portion of Tract 5G
from Siderius Family Trust
to City of Kalispell
4.83 Acres
Kalispell City Airport
Property Acquisitions
w
it" I
T 28N, R 21W
150 0 150 300
(SCALE IN FEET)
EXHIBIT A
LEGAL DESCRIPTION
Certificate of Survey 17744
Siderius Family Limited Partnership Lands; 173.564 Acres
The following is the legal description for the Retracement Certificate of Survey No. 17744 for the
subject property, filed of public record on March 7, 2007:
A tract of land, situated, lying and being in the south half of the northeast and in the southeast
quarter of Section 29, and in the north half of the northeast quarter of Section 32, all in Township
28 North, Range 21 West, P.M., M., Flathead County, Montana, and more particularly described
as follows to wit:
TRACT l:
BEGINNING at the southwest corner of the SE'/4 of Section 29, Township 28 North, Range 21
West, P.M.,M., Flathead County, Montana, which is found aluminum monument; Thence
N00° 19' 14"W 332.53 feet found iron pin on the southwesterly right-of-way of the old Burlington
Northern Railroad; Thence S41°46'31"E along said right-of-way 2,221.73 feet to a found iron pin
on the south boundary of the NE'/4 NE'/4 of Section 32, Township 28 North, Range 21 West,
P.M.,M.; Thence N89°43'36"W 162.55 feet to a found iron pin being the southeast corner of the
NW '/4 NE '/4 of said Section 32; Thence N89"48'24"W 1,313.07 feet to a found iron pin being
the southwest corner of said NW '/4 NE 1/4 ; Thence N00°06'58"W 1,319.16 feet to the point of
beginning, containing 27.954 ACRES more or less; Subject to and together with a 40 foot private
road easement for access to U. S. Highway N. 93 as shown hereon, and all appurtenant easements
of record.
ALSO
Commencing at the southwest corner of the SE '/4 of Section 29, Township 28 North, Range 21
West, P.M.,M., Flathead County, Montana, which is a found aluminum monument; Thence
N00' 19' 14"W 332.53 feet found iron pin on the southwesterly right-of-way of the old Burlington
Northern Railroad; Thence N00°20' 14"W 150.97 feet found iron pin on the northeasterly right-
of-way of the old Burlington Northern Railroad and THE TRUE POINT OF BEGINNING OF
THE TRACT OF LAND HEREIN DESCRIBED: Thence N00° 18' 19"W 2,160.10 feet to a found
iron pin being the southwest corner of the SW '/4 NE'/4 of said Section 29; Thence S89°44'40"E
1,352.40 feet to a found Fence post being the southeast corner of said SW'/4 NE'/4; Thence
N00°21' 14"W 1,288.17 feet to a found iron pin on the south right-of-way of a 60 foot declared
county road known as Cemetery Road; Thence N89°42'07"W along said right-of-way 1,351.96
feet to a found iron pin on the west boundary of said SW'/4 NE'/4; Thence N00°20'01"W 30.00
feet to a found iron pin being the northwest corner of said SW '/4 NE'/4; Thence S89'42'23"E
along the north boundary of the S %s NE'/4 of said Section 29 a distance of 2,057.73 feet to a
found iron pin; Thence S00°01'31"E 3,447.47 feet to a found iron pin; Thence N89'45'40"
699.89 feet to a found iron pin; Thence S00` 12'49"E 409.27 feet to a found iron pin; Thence
S89°52'28"W 20.00 feet to a set iron pin; Thence S00° 12'58"E 104.05 feet to a found iron pin
being the northeast corner of the NW '/4 NE '/4 of Section 32, Township 28 North, Range 21 West;
P.M.,M.; Thence S00`09' 17"W 987.57 feet to a found iron pin on the northeasterly right-of-way
of the old Burlington Northern Railroad; Thence N41 °46'41"W along said right-of-way 1,980.36
feet to the point of beginning, containing 145.610 ACRES, more or less; Subject to and together
with a 60 foot county road known as Cemetery Road as shown hereon, and all appurtenant
easements of record. FOR A GRAND TOTAL OF 173.564 ACRES, more or less.
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1B-10
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y •w„� �B-13 )
OB-14 _ !DB-9
OB-15
27.954 Acres 1p. Y ---
AB—
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�.. AB-17 \ ..
q _ -—----T=—
LOG OF BORING B-10
page 1 of 2
Frrcurmtur� GEeaclarc7 PROJECT:
JOB NO.:
DRILLING
METHOD:
Siderius Property
Kalispell, Montana
07-919
CME 75 4-1 /4" Hollowstem Augers
DRILLER: NTL Engineering
LOGGED BY: G. Klein
LOCATION: 48009'37.2" N, 114°17'46.0" W
SURFACE ELEVATION: 2934.0
GROUNDWATER DEPTH: �Z 25.4 7/2/07
DATE STARTED: 7/1 /07
DATE COMPLETED: 7/1 /07
LABORATORY
TEST
DATA
y
a
w
MATERIAL
x
a s
4 o
CLASSIFICATION AND DESCRIPTION
F e
w U9v.,Cn
A
ruin
a
A
a
a,
C7
ti
U
0.5
TOPSOIL, Organic Matter
SILT, firm, moist, trace fine sand, brown
(ML)
5
sss
6
20
10,072.
Silty SAND, loose, slightly moist to moist,
sss
9
12
�.4
o)adized, brown SM
Sandy SILT, stiff to soft, slightly moist, some
silty sand zones, brown (ML)
15
sss
11
17
20
sss
5
becoming saturated
25
25
zs.
sss
0
39
Lean CLAY, very soft, saturated, bedded,
brown with pink and green interbeds (CL)
30
35
sss
0
46
40
*SAMPLE TYPE KEY: ® SSS - STANDARD SPLIT SPOON (SPT) REMARKS PVC Observation Well Installed
8 LSS - LARGE SPLIT SPOON
III ST - SHELBY TUBE
0 RS - RING SAMPLE
(� SK - SACK SAMPLE
LOG OF BORING B-10
page 2 of 2
ENOWEERING GEOSCIENC,E
PROJECT: Siderius Property/
Kalispell, Montana
LOCATION: 48009'37.2" N, 114°17'46.0" W
LABORATORY
TEST
DATA
a
° ¢
MATERIAL
x
a
a
CLASSIFICATION AND DESCRIPTION
o
A
a
�
4s.
SSS
17
Lean CLAY, Cont., very soft, saturated,
14
bedded, brown with pink and green interbeds
(CL)
Clayey SAND, Glacial Till, medium dense to
50
dense, saturated, coarse sand, brown (SC)
End ot Boring
55
60
65
70
75
80
85
90
95
00
Siderius Family Limited Partnership Lands NTL Engineering & Geoscience, Inc.
Boring
Groundwater Depth
Groundwater Elevation
B-1
30.0
2910.0
B-2
18.7
2910.3
B-3
26.3
2909.7
B-4
26.1
2908.9
B-5
25.2
2909.8
B-6
22.5
2905.5
B-7
33.6
2901.4
B-8
9.1
2908.9
B-9
23.2
2899.8
B-10
25.4
2908.6
B-11
30.9
2906.1
B-12
32.0
2908.0
B-13
22.6
2906.4
B-14
---
---
B-15
19.2
2906.8
B-16
18.8
2903.2
B-17
23.9
2903.1
As seen in the cross-section in the Appendix, Boring B-14 was located in an area of high glacial
lakebed occurrence, and the low permeability of these clay materials is apparently limiting
infiltration of free water into the well. However, very moist to saturated conditions were noted for
the clay soils in the boring below the prevailing groundwater elevation. Borings B-7 and B-9 have
a similar high lakebed clay occurrence, and groundwater levels were fairly low which may indicate
that sufficient time had not elapsed to establish the static groundwater level prior to measurement.
Each of the wells were installed with an extension for easier field location, but we have noted several
as having been sheared since initial placement by cattle currently grazing the site. Numerous factors
contribute to groundwater fluctuations and occurrence of seepage. Evaluation of these factors
requires special study that is beyond the scope of this report.
191