Memorandum of Understanding/Lot A Porta VillaTHIS AGREEMENT made and entered into on this S day of ,
1993, by and between the City of Kalispell, a municipal cor oration
(hereinafter CITY) and Frank Strickland, an individual, or his
successors, GESN, either a partnership or a corporation, Successors
in Interest (hereinafter DEVELOPER);
W I T N E S S E T H:
WHEREAS, DEVELOPER desires to develop a subdivision located on
certain real property located within the CITY, (more particularly
described in Exhibit "A" attached hereto and thereby made a part
hereof), commonly known as Gateway Orchard Villas, and
WHEREAS, the CITY and DEVELOPER desire to enter into an agreement
designating the rights and responsibilities of the parties
regarding the installation of certain public infrastructure related
to the subdivision, and
WHEREAS, the CITY and DEVELOPER have agreed as to the cost of
certain infrastructure improvements based upon estimates in
preliminary design, and ajustments shall be made based upon actual
costs.
NOW THEREFORE IN CONSIDERATION OF THE COVENANTS AND AGREEMENTS
HEREINAFTER RECITED THE PARTIES HERETO AGREE AS FOLLOWS:
1. CITY shall acquire from Flathead County a twenty (20)
foot wide easement running along the Easterly boundary of the
above described real property for the purpose of providing to
DEVELOPER a portion of right-of-way sufficient to construct a
dedicated City street.
2. CITY shall acquire an additional twenty (20) feet from
parcels adjacent to and easterly of the Flathead County
easement for the purpose of providing DEVELOPER a portion of
right-of-way sufficient to construct a dedicated City street
and drainage ditch.
3. DEVELOPER shall dedicate twenty (20) feet of right-of-way
on the westerly boundary of the Flathead County easement and
construct a street, meeting City of Kalispell Standards for
Design and Construction on the sixty (60) feet of right-of-way
from the southerly terminus of Glenwood Street to a point
terminating approximately one hundred and fifty (150) feet
North of Two Mile Drive, the north boundary of Lot 5E.
4. CITY shall convey to DEVELOPER Lot A, Porta Villa
Subdivision No. 2 free and clear of all encumbrances.
5. DEVELOPER shall convey to CITY sixty ( 60 ) feet of Lot 5E,
Section 12, T28N, R22W, P.M.M. (Exhibit "B") free, and clear of
all encumbrances, to align with Kinshella Street.
6. CITY shall pay to DEVELOPER the cost of constructing a
street, meeting City of Kalispell Standards for Design and
Construction on the parcel conveyed to the CITY under
paragraph 5, above, connecting the street constructed under
paragraph 3, above, with Two Mile Drive, said sum not to
exceed 9,123.00 for construction.
7. DEVELOPER shall construct a drainage ditch along the
entire easterly boundary of the street to be constructed under
paragraphs 3 and 6, above. The DEVELOPER shall install a
storm drainage system from Glenwood to the drain for which the
CITY shall pay the sum not exceeding $6,800.00.
8. CITY shall pay to DEVELOPER • for installation
water main improvement requirements required for development
but not appurtenant to the project, a sum not exceedini!i
t ti it
9. DEVELOPER shall construct in accordance with City of
Kalispell Standards for Design and Construction all municipal
water and sewer mains, situated in easements for maintenance
and repair, necessary to service the subdivision.
10. DEVELOPER and CITY agree to enter into a Subdividers
Improvement Agreement which will enable DEVELOPER to recover
a portion of the costs represented in constructing the water
and sewer mains and storm water system or roads.
Dated this day of
Cam!
DEVELOPER
A tract of land located in the Southeast h of the Northeast d of
Section 12, Township 28 North, Range 22 West, Principal Meridian
Montana, Flathead County, Montana, and more particularly described
as follows to wits
Beginning at the Southeast corner of Block 1 of Porta Villa
Subdivision, Records of Flathead County, Montana; thence
S42°35'07"E, a distance of 173.03' to the true POINT -OF -BEGINNING;
thence N89°52'54"E, a distance of 243.631; thence N00024'05"W, a
distance of 1150.181; thence S89°31'29"W, a distance of 319.301;
thence S00°06'05", along the East boundary of Porta Villa II
Subdivision, Records of Flathead County, a distance of 932.431;
thence N89°56'32"E, a distance of 75.011; thence SOOo22128"E, a
distance of 17.99'; thence N89042152"E, a distance of 7.00'; thence
S00001100"W, a distance of 197.70' to the POINT -OF -BEGINNING.
Said tract contains 8.100 acres, more or less, subject to and
together will all easements of record.
•
A tract of land in the Southeast Quarter of the Northeast Quarter
(SEkNe$) of Section Twelve (12), T28N, R22W., P.M.M. Flathead
County, Montana, and more particularly described as follows:
Commencing at the Southeast corner of the SEkNEk of Section
12; thence S89°46'W, and along the Southerly boundary line of said
SEkNEk 646.77 feet to the Southwest corner of the East half of the
SEkNEk of said Section 12; thence NO°46'W and along the Westerly
boundary line of the East half of the SEkNEk, 40.0 feet to a point
on the Northerly boundary line of a County Road and the true POINT -
OF -BEGINNING of the tract of land being described; thence NO°46'W
and along the Westerly boundary line of said East half of the
SEkNEk 130.0 feet to a point; thence S89°471W and parallel to the
Southerly boundary line of said SEkNEk 75.0 feet to a point; thence
SO°46'E and parallel to the Westerly boundary line of the East half
of the SEkNEk of said Section 12; 130.0 feet to a point on the
Northerly boundary line said County Road; thence N89°47'E and along
the Northerly boundary line of said County Road 75.0 feet to the
POINT -OF -BEGINNING and containing 0.22 acres of land, more or less.