11/15/76 Agreement/Yellowstone StreetA G R E E M E N T
THIS A REEMENT, made and entered into this f/9 day
of '/f 1976, by and between:
MANUEL V. BAUSKA and DOROTHEA F
JAMES B. McKNIGHT and DOREEN L.
GARIMEN H. MEADOWS and F. LOUISE
and JAMES L. SCHAREN and BONNIE C.
of Kalispell, Montana, 59901;
Parties of the First Part;
and
BAUSKA, husband and wife;
McKNIGHT, husband and wife;
MEADOWS;: husband and wife;
SCHAREN, husband and wife;
THE CITY OF KALISPELL, a municipal corporation,
Party of the Second Part;
W 1 T N E S S E T H
WHEREAS, Parties of the First Part have petitioned the
Party of the Second Part for approval of the subdivision of
that certain premises within the City of Kalispell known as
Porta Villa Subdivision No. 2, Kalispell Annexation No. 65, and
more particularly described in Exhibit "A" attached hereto and
which, by this reference, is.made a part hereof; and
WHEREAS, the Party of the Second Part has agreed and consented,
to said subdivision under the laws of the State of Montana and
the rules and regulations 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
that street known as.Yellowstone Street adjoining said premises,
shall at some future date need to be widened and further improved;
and
WHEREAS, the development and improvement of said Yellowstone
Street will be to the benefit of the development planned within
said premises; and
WHEREAS, said Parties of the First Part are agreeable to,
upon demand by the Party of the Second Part as needed and required,
convey and dedicate to the Party of the Second Part for roadway
purposes that parcel of land within said subdivision designated
as "Lot A" thereof; and
WHEREAS, it is 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 water drain be ultimately constructed in
said area and that sidewalks and curbs be constructed in the said
subdivision without undue delay;
NOW THEREFORE, IT IS 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:
1. 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.
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The Party of the Second Part does hereby agree that said
Lot A shall be used for roadway and public right of way purposes
only, as part of Yellowstone. Street,
2. It being contemplated that at a future date a Special
Improvement District will be created by Party of the Second Part
to construct a storm drain system in this area and said district
will include all or part of said subdivision; Parties of the
First Part, as owners of property within said Porta Villa Subdi
vision No. 2, Kalispell.Annexation.No. 65,`their heirs and assigns,
agree to and do hereby waive all right they may have as owners of
such premises only, to protest the creation of such a district
and the construction of such a system using the easements granted
therefor in the dedication of Porta Villa Subdivision No. 2,
Kalispell Annexation No. 65.
3. Parties of the First Part further agree to install side-
walks and curbs in said subdivision at their convenience, but not
later than twenty months from the date of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed the afore-
said Agreement the day and year above written,,._
Dorothea
F. Bauska
�Ja#6es B. McKnight
(✓(_J�
Dor. en L.-McKnight �1
Garmen H.
M-eadows
F. Louise
es L. Scharen
nnie C.�Scharen;'
PARTIES OF,- THE FIRST P)
THE
PARTYF
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LISPELL
SECOND PART
i
cipal corp.
,/ t�l,�,tyor
ty Clerk
STATE OF MONTANA
ss.
County of,.Flathead )
On this 1 day of %�,�}�,� � r, 1976, before me, .a
Notary Public for the State of Montana, personally appeared
MANUEL V. BAUSKA and DOROTHEA F. B.NUSI'a, husband and wife;
JAMES B. T1cKNIGHT and DOREEN L. AcKNIGHT,,'husband and wife;
GAP34EN H. MEADOWS and F. LOUISE MEADOWS, husband and wife; and
JA_T!tES L. SCHAREN and BONNIE C. SCHAREN, husband and wife, knot?n
to me to be the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same.
IN WITNESS V7HEREOF, I have hereunto set my hand and affixed
my,;N6V" `ial Seal, the day and year first above written.
"U; ^•� - _ Notary Public for the State of Montana
. ., Pa
r� � } <:.: Residing at Kalispell, Montana
Foy Cosiaiission expires j17r,
STATE "OF MONTANA )
ss.
County of Flathead )
On this - day of ���C`, %%C�l/ 1976, before me, a:_
Notary Public for the Stat `of Montana, personally appeared NOR!,iA
E. HAPP, known to me to be the Anayor of the City of Kalispell, and
GEORGE BEARDST EE, known to Die to be the City Clerk of the City of,
Kalispell, the persons who executed the instrument on behalf of said
City of Kalispell, and acknowledged to me that such City executed
the same.
IN I'?ITNESS WHEREOF, I have hereunto set my hand and affixed
my Notarial Seal, the day and year first above written.
�'�, 1.....•,.+, Notary Public for the ta�e f r'ontana� ,
2 (SEA€ �> Residing at Kalispel11montana
T11V ColTtmi scion expires
- 3
unt1_LBIT` nAn
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.,
Flathead County, Montana, being a part of the tract of land described in
Book 605, page 7931 records of Flathead County, Montana, and more particula:
described as follows:
Commencing at the Southeast 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
which point lies on the West boundary of a 51.00 foot deeded'right--
of-way known as Hawthorn Avenue, and which point is the true point
of beginning; thence
South , on and along the boundary of said right-of-way, a distance of 185.05
feet to a point of curvature; thence
Southeasterly, on and along the boundary of said right-of-way, on a curve
to the left (Delta=11000100", Radius=598.50 feet), a distance of 114.90
feet to a point of tangency; thence
South 11°00'00" East, on and along the boundary of said right-of-way, a
distance 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
105.11 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 point of curvature; thence
Southwesterly, on a curve to the right (Delta-89°45'08", Radius=14.76 feet), -
a distance of 23.13 feet to a found 5/8 inch Re -Bar, which Re -Bar
indicates a point of tangency, 'and which Re -Bar lies on the North
boundary of a 51.00 foot deeded right-of-way known as Yellowstone
Street; thence
South 89°45'08" West, on and along the boundary of said right-of-way,'a
distance of 491.23 feet to a point, which point lies on the East bound-
ary of a tract of land described in Book 526, page 915, records of
Flathead County, Montana; thence
North 00003'37" 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 89028'05" 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 00009122" 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
Southwest Corner of said Hawthorn Park; thence
North 89027'17" East, on and along the South boundary of said Hawthorn
Park, a distance of 115.58 feet to a point; thence
North 89°43'21" 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 89"3628" 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
oath 00007'05" 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
South 89�32'55" West, on and along said North boundary of the tract des-
cribed in Book 535, page 824, a distance of 73.59 feet to a found 5/8
inch Re -Bar, which Re -Bar indicates the Northwest corner of said tract
described in Book 535, page 824;.thence
South 00°08'07" East, on and along the West boundary of said tract -describe
in Book 535, page 824, a distance of 839.15 feet to a point, which
point is the Northeast corner of Block One (1), Porta Villa Subdivisic
according to the plat thereof, records of Flathead County, Montana;
thence
South 89033153" West, on and along the. North boundary of said Block One (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 on the East boundar
of a 51.00-Foot deeded right-of-way known as Hawthorn Avenue;• thence
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 of 66.38
feet to a point of Non -Tangency; thence
North, on and along the boundary of said right-of-way, a distance of 614.36
feet to a point of curvature; thence
Northwesterly, on and along the boundary of said..right-of -way, on a curve
to the left (Delta-11100100", Radius-598.50 feet), a distance of 114.9:
feet to a point of tangency; thence
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, 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
105.12 feet to a point of tancency; thence
North, on and along the boundary of said right-of-way, a distance of 185.29
feet to the True Point of Beginning.
STATE OF MONTANA, ss
County of Flathead
Filed for record at t 4equest of ---- C,l,__ --------------------------------------------- -------------------------- -_---__-
this C day of-____ _ _ ___ __: ____ 291/ - at�J__ fA o'clock M and recorded in �VOL .__ COPY_
PAGE _______J_.4---------- Records of Flathead County, State of Montana..t
Flathead County Clerk and Recorder
RECEPTION NO.
RETURN TO ---_ - ------_- �4- -- - -- } ! IfJ� Deputy
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