Grant Deed/AbsalonsonASTLE AND ASTLE
ATTORNEYS AND COUNSELORS AT LAW
705 MAIN STREET
KALISPELL, MONTANA 59901
DAVID L. ASTLE
WILLIAM E. ASTLE
January 15, 1998
VIA HAND DELIVERY
Mr. Glen M. Neier, City Attorney
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903-1997
Re: Abandonment of Easement
Dear Glen:
PHONE (406) 752-7393
FAX (406) 257.3268
Referencing the above matter, please find enclosed a copy of a Grant Deed
from Elmer A. Absalonson and Nadine C. Absalonson to the City of Kalispell which
contains an easement for such utilities, including sewer, water, gas, electric and
telephone. David Greer indicates that the City is in agreement to abandon this
easement. Please review and call me as to whether you wish me to prepare the
abandonment document for the City to sign. I await your reply.
Very truly yours,
ASTI F R. A CTI P
WEA/Icb
Enc: as stated
40675601_� MT PLANNING CON-�L
01/13/1998 10,37
EBY & 4S'3OCIATES
02,/14/199t 02:45 4DE7555129
PAGE 01
PAGE 01
Order Nn. DOQ!( Jz2 r,J07
_ GRANT
For Value Received 21mer A, Absalonson and Nadine G. Absalonson, husband and wiEr,',
of P, 0. Box 1130, Kalispell, Montana 59901
grant,
du hereby convey/retesae, remise and forever quit ctr;m unrrs
City of Kalispell, a Municipal CorperAtfon,
k�1
the following dcscripad premise., in Flathead County, ldontaon, to,wit:
A tract of land situate in Government Lot One (1) of Section One (1), Township 2rr
Torch, Range 22 Nest, P.M.M„ Flathead County, Montana, and room particularly.
dr,sorsbed as follows: I
Comm«ncing at the Northeast corner of said (;overnment tot One (1); thence
South 1039' West and along the Easterly boundary line Of said Lot i, a oistance of
40.0 feet to a point on the Southerly boundary line of a County Road to the true point
of t+eginntng of the tract of land being described; thence
North P?1145' West, and along the .Southerly boundary line or said County Road and
parallel to the Northerly boundary line of said Lot 1, a distance of 50,0 feet to a
potot; thence
So-;th I,39, West, and parallel to the Easterly boundary line of said Government Wt I,
.n distance of 100,0 feet to a point: thence
South R9'45' East, and.paraliel to the Northerly boundary line of Government Lot 1,
a distance of 5o,0 feet to a point on the Easterly houndary line of said Government
Lot 1; thence
North 1'39' East and along the Easterly boundary line of said Government Lot 1, a
ti:;once of 100,0 feet to the point of beg inn ing,(oontalnInq 0, 12 sores of
l;i^d, more or less).
TOGETHER WITH an ensement for ingress and ogress over and across the existing
rnadway connecting with V. S. Highway *93, which easement for access shall
trrminate upon the grant in substitution thereof of an easement 20 feet in w!:th to
the Grantee heroin of a substitute easement for like purposes which is to b,N located
anproxitnately on the boundary between "Lots 32 and 33 of Block 4 of Paik View
ICrrace", according to the proposed plat thereof, and
( TOGETHER WITH an easement for the purpose or sainteocnce, repair, servi.e, ro-
placemert mnd reconstruction of public utilities, inal•idinq sower, water, electric,
gr<S and telephone, over, under and across a strip of lend 9 feet in width over and
across Government Lot I and the Southeast Qubrter of the Northeast Quarter of
Section 1, all in Township 28_ North, Range 22 West, M.P.M. , described
.particularly
Beginning at a point oir'the Gast boundary of Government Lot 1, South 140 feet from
Ut�� f�
the (Jortheast corner of said Government Lot t; thence
I
South and along'the East boundary of Government Lot 1 and the southeast Quarter
of the Northeast Quarter of said Section t, a distance of 2134 feet to a point; thence
��IN
r
"ou'h 82130' West, a distance of'78 feet to a point on the Vasteriy boundary of
� f.tE,r)
U, 3. Highway #93, said course of South 82'10' West describing the centerline of
L.
sold, 8 foot eaaemant,
RESERVING TO the Grantees herein, their heirs, legal representatives and assigns, a
riyhraf-way over and across the tract hereby conveyed for the purposes of ingress
and egress to and from the real property lying in Government Lot 1 of Section 1,
Township 28 North, Range 22 West, and.in Government Lot 4, Section 6 of Township
2B ptorth, Range 21 Wsst, lying westerly and easterly of said tract heroin conveyed,
ALL SGBTECT TO and upon the condition that the txrantae, or its successor,
shall not, on or before Tanuary 1, 1991, impose upor, the real property as hereinafter
M
described, or any portion thereof,.a special tax for the purpose of enlarging the
capaclty of the sewer lift station hereby ooftveyed, said property being ptttticularly
described as follows;
`
All of that portion of Government Lot i, Section 1, and in the Southeast Quarter of
the Northeast Quarter of Section 1, Township 28 North, Range 22 West, and
Governrent Lots 3 and 4 of Seotlon 6, Township 28 North; Range 21 West,,
bounded the
or. North and East by a County Road, bounded ar, the West by U. S.
Gl`
Highway *93, and bounded on the South by the north boundaries of Government
Lots ,5 and 8 of said section 6, Township 28 North, Range 21 Wests
1T 1S V14DMRSTOOD that Grantee .,hall, on januenf 1, 1P71, assume the responsibility
of operation and maintenance of said lift station and sewer lines hereby conveyed,
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