Agreement/Bauska et al.t - X 2 = 4f t 3
2
TSISNT, made and entered.-to'this dayx
f 975 ��'and between'
�� z L tTRAIISKA�and ;UORCiTEA FBA'USKA husband and :vife;
•.
e`[INiGHT,,and�4DORE N, McKNIGHT;" husbaiid' and wife;
;AWN H 4TEADOW `MEADOWS; ;husband; and wife; `
and —A%iE Ld SCHA EX, an�BOINIE�C SCHAREN; husband and wife;
ofal spell, Mon01,
Pti'esbof =the -Firsts Part,
THt�d= OF RALhSPELL ,a.,municipal corporation,
Y
Partyuof thi; Second, Part,
ra T-N E x"S W IS. E .T H
e ' <.
WHEREAS, Partiesofthe First Part have petitioned the
I arty; of `the, Second,:Part for= approval of the subdivision of
,thAt certain: premises; within the City of Kalispell known as
Ponta:;;.Villa,"Subdivision-No. 2, Kalispell Annexation No. 65, and
=more particularly described in Exhibit "A" attached hereto and
=iah�chby, �this:.reference, is made a part hereof; and
��� WHEREAS, the Party of, the Second Part has agreed and consented
�t0�,said;"subdivisionunder the. laws of the State of Montana and
"the '-rules and!zegulations enforced within the said City of Kalispell,
at a .meeting 'of the City Council on October 25, 1976 and
WHEREAS; said Party of `the Second Part contemplates that
Y ��that street,known' as Yellowstone Street adjoining said premises,
+shall.:'at some future date need to be .widened and further improved;
wand
� WHEREAS,. the.development and improvement of said Yellowstone
� r Street-will1,be to ttie benefit of the development planned within
4 said premises; `and
{ WHEREAS,'."said`'Parties of the First Part are agreeable to,
wp;;ri demand by, ;.the,'Party of the Second Part as needed and required,
;convey and "dedicate 'to the,Party of the Second Part for roadway
purposes7that parcel'of land within said subdivision designated
as "Lot 'A" -thereof, and
s
WHEREAS,,it'isi'deemed to'the benefit of the entire area and
the'orderly"development of same as an addition to the City of
Kalispell that'a'"storm Plater drain be ultimately constructed in
said area `and that sidewalks and curbs be constructed in the said
subdivision without undue delay;
NOW THEREFORE,, ITIS AGREED by the parties hereto that in
consideration of the Party of'the Second Part granting and ap-
proving said subdivision that the Parties of the First Part do
. hereby covenant 'and agree as .follows:
-That upon demand'by the mayor or other appropriate
executive'official,of the`City of Kalispell, said Parties of the
First Part, their heirs and 'assigns, and successors in interest
to the aforesaid premises, will make and execute to said City of
Kalispell a conveyance of "Lot A" of said Porta Villa Subdivision
No. 2, Kalispell Annexation No. 65, as part of Yellowstone Street.
_1_
e. ,. ^. ;.,,...'*fir v s>� i r, n `-
to='cons"tract astorm�drain� system n this area► and satedistrct
will include al't of said- subdTv� on, P 'es
Firsts=Part, -as owners ofr propertywithnsaid Poa�a
visiori'No 2; Ialispell-AnnexationkNo _68thei heirs hd assigns
acjree to:_ancl=:do hereby„waive :all right they ay,�have asEornmers' of
such premises only,::to"protest the creation of�Jsudhj,a di� rict
and the construction . o ..such a 'system us3ng;theeasementis�granted
'thereforin `the dedication of �PortaVillaSubdivisioa€t�o2,
Kalispell Annexation No.
3. Parties of the -FirstPart'further ,„agree to installq�side� }'
walks -and curbs in said subdivision at;.theirconvenienoe,rbut*not���
later than twenty months from the"date"of,.this agreement` �, r
IN WITNESS WHEREOF, the parties: hereto have executed the afore
said Agreement the day and year -above written: ;
�taliu6l, V. BSu6k- '
Dorothea F. Bausk
Sq,
(Jdxtes B. McKnight
Do r en L.. cKnigh
Ga�rrmen H. Meadows
��
F. Louise Meadows
ames L. Scharen
onnie C. Scharen
PA/ES OF THE FIRST P /
i
,h THE�C`ITY'fF'` ISPELL', icipal Corp.
t � N 4( By : .r�� _, M or
ATTES icy Clerk
i.,�..� _
PARTY F E SECOND PART
2 -
J
A �
STATE OF riONTANA ) Nov, t! fniEG�[sa
ss.
County of Flathead )
On this day of 1976, before me, a
Notary Public for the State of Montana, personally appeared
MANUEL V. BAUSKA and DOROTHEA F. BAUSKA, husband and wife;
JAMES B. McKNIGHT and DOREEN L. Mc KNIGHT, husband and wife;
GAPMEN H. MEADOWS and F. LOUISE MEADOWS, husband and wife; and
JAMES L. SCHAREN and BONNIE C. SCIIAREN, husband and wife, known
to me.to be the persons whose names are subscribed to the within
,,inst',,ument,.and-acknowledged to me that they executed the same.
IN WITNESS.WHEREOF, I have hereunto set my hand and affixed
my.:N6 1i•i•al-Seal, the day and year first above written.
a, fps, � YF�.
Notary Public .for the State of "'.ontana
Residing at Kalispell, Montana
9a f\ My Commission expires 114 % 7 b
OF %AID
c
STATE ^ OF " MOPITANA _ ,)
_ Ss.
.K County `of Flathead ) `t
t
"An._this day of 1976, before',,me',; a'
n Notary, Public or the Stat&(of Piontana,personally appeared•NORrIA
E:•HAPP., .known` to me ;to be,'the Mayor„ofthn City; of.Kalispell,;`and
GEORGE;.BEARDSLEE knowh'to me to be'the City Clerk of the;.City o.f
"Kalispell; the personswho 'executed, the'�instrument on:behalf of said
��,,, �=City 'of Kalispell, and acknowledged .to me that" such City executed _
.g _"IN WITNESS WHEREOF, I have.hereunto set my handandaffixed
- my Notarial Seal, the day and,year first above writ
4 ��fCH{AR�1 Notary Pu l cfor, the e # 21ontana�
ResidingtaIla f t
IOTA j,� •�^- t4v ;Commission expires
ter. OF ��
� � k
Tract crf :land ]ocated��nt�ie Northeast. Quarter of "Section Twelve (12) ,
ownship;Twenty eight (28)sD�orth, 4Range Twenty-two (22) West,' P.M.M. ,
tf .w x
`lathead"County,�PMontana; being%ra_part of ;the tract of land described in
ok 605� pagesZ93,?:records of 1athead.County, Montana, and more particularl
dcscr�J bed as follows s
Commencxng<attheSoutheast Corner of Hawthorn Park, Adams Addition to
-Kalispell,•according-to:the ;plat thereof, records of Flathead County,
Montana,°'which. corner ;is indicated by a found 5/8 inch Re -Bar, and
�ihich point=lies'on,the West boundary of a 51.00 foot deeded right-
,.of-way_,knownas:Hawthorn Avenue, and which point is the true point
of�beginning;.thence
fzq�Scsuth;on:.and-alongthe.boundary of said right-of-way, a distance of 185.05
feet-to.a.point'of curvature; thence
Southeaste'rlyi-,on..and :along the boundary of said right-of-way, on a curve
�' tothe left- `(Delta=11000' 00" , Radius=598.50 feet) , a distance of 114.90
feet°to.a-,point oftangency; thence
Southall°00!,00"_East, on and along the boundary of said right-of-way, a
ydistance"of:11.20 feet to a point of curvature; thence
Southeasterly, on and along the boundary of said right-of-way, on a curve
to,the-'right,(Delta =11000100", Radius-547.50 feet), a distance of
♦F 105�Jl'�feet-to a'point 'of tangency; thence
South; on and.along the boundary of said right-of-way, a distance of 614.86
_ feet -'to: a pointof curvature; thence
Southwesterly, on a curve to the right (Delta=8904510811, Radius=14.76 feet),
a distance of23.13 feet to a found 5/8 inch Re -Bar, which Re -Bar
"' yY indicates a point of tangency, and which Re -Bar lies on the North
s boundary'o£ a,51.00 foot deeded right-of-way known as Yellowstone
r
RStreet;, thence
South.89°45'08" West, or, and along the boundary of said right-of-way, a
istanceof 491.23 feet to a point, which point lies on the East bound-
;ark► of a tract .of land described in Book 526, page 915, records of
Flathead County, Montana; thence
North.00103137" West, on and along said East boundary of the tract described
in 'Book 526, page 915, a distance of 785.75 feet to a point, which
point lies on the South boundary of Addition No. 16, Valley View
Apartments, according to the plat thereof, records of Flathead County,
Montana; thence
'.North 89*28105" East, on and along said South boundary of Valley View
Apartments, a distance of 359.70 feet to a found 5/8 inch Re -Bar,
which -Re -Bar indicates the Northeast One -sixteenth corner of said.
Section 12, as indicated on the plat of said Valley View Apartments;
thence
;North`00*09'22" West, on and along the East boundary of said Valley Veiw
'Apartments, a distance of 256.22 feet to a point, which point is the
f Southwest Corner of said Hawthorn Park; thence
;:North'89027117" East, on and along the South boundary of said Hawthorn
Park, a distance of 115.58 feet to a point; thence
'North 89043121" East on and along the South boundary of said Hawthorn
Park, a distance of 9.00 feet to the true point of beginning.
AND - - -
A'tract of land located in the Northeast Quarter of Section Twelve (12),
Township Twenty-eight (28) North , Range Twenty-two (22) West, P.M.M., Flat-
head County, Montana, being a part of the tract of land described in Book
.:605,;page 793, records of Flathead County, Montana, and more particularly
'described as follows:
Commencing at the Southwest Corner of Block Five (5), Adams Addition to
Kalispell, according to the plat thereof, records of Flathead County, Montane
:. which corner is indicated by a found 5/8 inch Re -Bar and which point is the
underlying true point of beginning; thence
:'North 89036128" East, on and along the South boundary -of said Block 5, a dis•
tance of 216.64 feet to a found 5/8 inch Re -Bar, which Re -Bar indicates
the Northwest corner of a tract of land described in Book 577, page 74,
records of Flathead County, Montana; thence
South 00007105" East, on and along the West boundary of said tract described
in Book 577, page 74, a distance of 256.44 feet to a found 5/8 inch
;Re -Bar, which Re -Bar indicates the Southwest corner of said tract
described in Book 577, page 74, and which Re -Bar lies on the North
boundary of'a tract of land described in Book 535, page 824, records
of 'Flathead County, Montana; thence
Fi:
tN
Pi
FC
RE
RE
BAQC�VOpi#I�@V
mouth 89 °32',55" West, on ( 3 along said> Now 6 bo nd� of trait cie
cribed`in Book, 535,.�age:824, a aistnce of_1,7735,9eetto�a_sund=/8
,.,
inch Re -Bar; which, Re -Bar indacates�the NorthwesLcorner o sated tree+
described in Book 535,`page, -824,-,thence
South 00°08'07" East, on and along the West;,boundary said tnc�t escr
in Book 535, page 824, a distancbof 839 15„feettopointicf�
point is the Northeast corner of Bloc x ;One =(1) ,,Porta Villa uhdiv s
according to the plat thereof ,.;:records;`of Flathead County, Montana,
thence
South 89°33'53" West, on and along the Nortiz boundary 6i ,said Bloc 13ne (1
a distance of 124.23 feet to a point', which point;is the Northwest
corner of said Block One (1), and which'-point=lies ony`tht,Eastbounda
of a 51.00-Foot deeded right-of-way known as Hawthorn Avenue,'�thenee
Northeasterly, on and along the boundary of said right=of-way, on`,a curve'
-
to the left (Delta=06 ° 21' 17" , Radius -598.50 feet);; a-. distance o'f 66-.3
feet to a point of Non-Tangency;thence
North, on and along the boundary of said right -of -way,;,a distance of 64.3
feet to a point of curvature; thence'`:
Northwesterly, on and along the boundary of said right-of-way,"on a curve`j
to the left (Delta=11000'00", Radius=598.50 feet), a'"distance 6f,`jl4
feet to a point of tangency; thencet s�
North 11000'00" West, on and along the boundary of said right-of-way,a,
distance of 11.20 feet to a point of curvature;` thence
Northwesterly, o- 3nd along the boundary of said right -of -way, -on acuriies
to the rigl:,_ (Delta=11000100", Radius=547.50 feet), a distance of
105.12 feet to a point of tancency; thence
North, on and along the boundary of said right-of-way, a distance of:185:2
feet to the True Point of Beginning.
STATE OF '1\40NTANA,
County of flathead
Filed for record a: t e Bequest of ___ 1�—�--��`— =--------- ----- - ---
this a y day of \i �- 197-%- a� o'clock M anrecorded in V�Cd,7��
PAGE i.tQ--------- Records of Flathead County, State of Montana.
Fee $----- tl_�
RECEPTION NO.
Flathead County Clerk and Recorder
—���
RETURN TO _. P ty
-- - ----- ---
/0 3 De u
INDEXED
60PIED
C061PAREDj