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Resolution 3618 - Authorize Mayor to Accept Certain Real PropertyR E S 0 L U T 10 N N 0 . 3618 A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF KALISPELL TO ACCEPT ON BEHALF OF THE CITY OF KALISPELL CERTAIN REAL PROPERTY. W H E R E A S , t h e C i t y o f K a 1 i s p e 1 1 w a s e n g a g e d i n a s e a r c h o f a r e p 1 a c e m e n t f o r t h e G r i f f i n P a r k 8 a s e b a 1 1 F i e 1 d , a n d WHEREAS, George M. Begg and Edna R. Begg expressed an inten- tion to make certain real property available to the City, and WHEREAS, on the 9th day of.September, 1985, George M. Begg and Edna R. Begg entered into a Memorandum of Agreement which re- c i t e d t h e t e r m s a n d c o n d i t i o n s u n d e r w h i c h t h e B e g g s w o u 1 d c o n v e y the property to the City, and W H E R E A S , t h e C i t y C o u n c i I o f t h e C i t y o f K a I i s p e I I a c c e p t e d t c r m s a n d c o n d i t i o n s o f s a i d M e m o r a n d u m o f A g r e e m e n t . N 0 W T H E R E F 0 R E B E I T R E S 0 L V E D B Y T H E C I T Y C 0 U N C I L 0 F T H E C I T Y 0 F K A L I S P E L L : S E C T 10 N I T h a t t h e M a y o r o f t h e C i t y o f K a 1 i s p e s h e re b y a u t h o r i z e d a n d d i r e c t e d t o a c c e p t o n b e h a 1 f o f t h e C i t y o f K a 1 i s p e 1 1 a W a r r a n t y D - e e d , a c o p y o f w h i c h i s a t t a c h e d h e r e t o a s E x h i b i , t 11 A 11 , e x e c u t e d b y G e o r g e M . B e g g and Edna R. Begg deeding certain real property described therein to the C'ity of Kalispell. S E C T 1 0 N I I . That the Mayor of the City of Kalispell is directed to appropriately express to George M. Begg and Edna R. Begg the City's appr'eciation and to thank them on behalf of the City C6uncil and the residents of the City of Kalispell. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS 16th DAY OF SEPTEMBER, 1985. P, . Me wo i � ............ ATTEST: Don Halver, City Clerk -Treasurer 1, the. undersigned, City Clerk of the City of Kalispell, certify that the foregoing is a trU e copy of the Resolution passed by the City Council of the City of Kalispell, Montana, at a regular meeting held City Clerk of the City of Kalispell, Montana I I I WARRANTY DEED Exk-l� �t'(A%k For Value Received. G. �I. Begg and Edna R. Begg the Grantors , do hereby grant, bargain, sell and convey unto The City of Kalispell, a municipal corporation, the Grantee th e following described premises. in ..E.cI_UIP_ar.L ............ County, Montana. to -wit: SEE EXHIBIT "A" TO HAVIE AND TO HOLD the said premises, with their appurtenances unto the said Grantee -, its heirs and assigns forever- And the said Grantors do hereby covenant to and with the said Grantce that t he y are the owners in fee simple of said premises; that said premises are free from all incumbrauces and that the y will warrant and defend the same from all liiwf ul claims whatsoever. Dated: August ZP7V" , 1985 STATE OF MONTANA, COUNTY AO - On this 15111?; day Or I,/ 1141A , 19 before me, a notary public in and f 'a State, personally appeared (��- /"�/. :7 ,- �_'IA e ;117 known to me to be the person 15 whose name subFcribed to the witinin instrument, and acknowledged to me that executed the same. Notary Public esiding Comm. Expires STATE OF MONTANA, COUNTY OF I hereby certify that this instrument was filed ror record at the request of at minutes past o'clock in., this day of 19 in my office, and duly recorded in Book of Deeds at page By Fees $ Mail to: Ex-Officio Recorder DePULY. EXHIBIT "A" TWO (2) tracts of land situated, lying and being in half of the Northeast Quarter) of Section 19, 'i"ownship 21 West, P.M.M., Flathead County, Montana and described as follows: TRACT 1: the SxINE� (South 28 North, Range more particularly Commencing at the one -quarter corner common to Sections 19 and 20, T.28N., R.211W., P.M.M., thence South 881)36'09" West a distance of 64.52 feet along the South boundary of the NEq' of said Section 19 to the westerly right-of-way boundary of the Kalispell South Loop Road, said point being the true Point of Beginning; thence continuing South 8813610911 West. and along the South boundary of said NE4 of Section 19 a distance of 3119.99 feet to a set rebar; thence continuing South 88036'09" West and along the South boundary of said NU, a distance of 50 feet, more or less, to,the centerline of Ashley Creek; 1henCU alOng Ihe center- line of Ashley Creek the following two courses; North 66"22'15" West a distance of 304.81 feet and North 54105'43" West a distance of 611.22 feet; thence North 72056'07" East a distance of 62.28 feet, more or less, to a set rebar; thence North 1700315311 West a distance of 20.00 feet to a set rebar; thence North 72156107" East a distance of 713.01 feet to the Westerly right-of-way boundary of the Kalispell South Loop Road; thence following said right-of-way boundary the following two courses: South 13125'5711 West a distance of 32.82 feet and South 003214311 East a distance of 364.80 feet to the Point of Beginning, containing 4.27 acres of land, more or less, described as Tract I in Certificate of Survey No. 3675. Tract 2: Commencing at the one -quarter corner common to Section 19 and 20, T. 28N. , R. 21 W. , P. M. M. ; thence North 0102101 " East a distance of 615. 00 feet along the East boundary of said Section 19; thence North 89129'23" West a distance of 30.02 feet to a found monumented corner on the Westerly right-of-way boundary of the Kalispell South Loop Road, said point being the true Point of Beginning; thence following the said Westerly right-of-way boundary the following two courses: South 0`02'01" West a distance of 91 .35 feet and South 1302515711 West a distance of 62. 12 feet to a set rebar; thence South 72156'07" West a distance of 748.35 feet to a set rebar; thence North 1700315311 West a distance of 20.00 feet to a set rebar; thence South 72156'07" West a distance of 107.85 feet, more or less, to the centerline of Ashley Creek; thence along the centerline of Asl­,ley Creek the following three courses: North 25058'53" West a distance of 102.65 feet, North 10105'55" East a distance of 129.22 feet, and North 75"50'4811 East a distance of 622.91 feet; thence continuing North 75"50'481, East a distance of 50 feet, more or less, to a found monumented corner; thence, South 89159'22" East a distance of JD8-71 feet to the Point or Beginning, containimj '1.26 acres of land, more, or less, described as Tract 2 in Certificate of Survey No. 3675. 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