5. Resolution 4398 - Outlaw Inn/City Property ExchangeAgenda - April 20, 1998
AGENDA ITEM 5 - RESOLUTION 4398 - OUTLAW INN/CITY OF KALISPELL
PROPERTY EXCHANGE
BACKGROUND/CONSIDERATION: This item is a legal "clean-up" of "actual on the
ground" usage. Glen Neier has enclosed a memo to detail this item.
RECOMMENDATION: I recommend the legal "clean-up" of the area to be completed
to clarify documents for future reference.
ACTION REQUIRED: Approval of Resolution 4398 will complete the exchange to
fulfill the legal changes desired.
RESOLUTION NO. 4398
A RESOLUTION AUTHORIZING THE EXCHANGE OF LAND BETWEEN THE CITY OF
KALISPELL, AND RICHARD A. DASEN AND THE OUTLAW INN, A MONTANA JOINT
VENTURE FOR THE PURPOSE OF PROPERLY ALIGNING 18TH STREET BETWEEN 3RD
AVENUE EAST AND U.S. HIGHWAY # 93 SOUTH.
WHEREAS, the City of Kalispell previously owned a portion of
C.O.S. No. 12140, commonly known as Haven Field,
and
WHEREAS, the Outlaw Inn, a Montana Joint Venture owns a
portion of C.O.S. No. 2145 Revised and C.O.S. No.
6916, and
WHEREAS, 18th Street, a non -dedicated City right-of-way
bisects said property, and
WHEREAS, the location of the road commonly traveled by the
public does not conform to the right-of-way
description contained in any certificate of survey,
and
WHEREAS, the Outlaw Inn, Richard A. Dasen and the City of
Kalispell desire to exchange property owned by the
parties respectively so that the road lies within
the a deeded right-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL, AS FOLLOWS:
SEC_T_TON I. That the City of Kalispell is authorized to
receive from the Outlaw Inn that tract of land
described in Exhibit "A", attached hereto and
thereby made a part hereof, for the purpose of
providing a right-of-way for 18th Street
between 3rd Avenue East and U.S. Highway ## 93
South.
S=I9NL_II. That the Mayor of
the City
of Kalispell
is
hereby authorized
to execute
a Grant deed
to
the Outlaw Inn for
that tract
of land owned
by
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the City described in Exhibit "B", attached
hereto and thereby made a part hereof.
SECTION_III. That the Mayor of the City of Kalispell is
hereby authorized to execute a Grant deed to
Richard A. Dasen for that tract of land owned
by the City described in Exhibit "C", attached
hereto and thereby made a part hereof.
SE_CT_ION__-IV. This Resolution shall take effect immediately
upon passage by the City Council and signature
by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
AND SIGNED BY THE MAYOR THIS DAY OF APRIL, 1998.
Wm. E. Boharski - Mayor
Attest:
Theresa White
Clerk of Council
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EXHIBIT "A"
A TRACT OF LAND LOCATED IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF
SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA,
FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY -DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST SECTION CORNER OF SAID SECTION 17; THENCE
S80951'48"E, ON AND ALONG THE SOUTH BOUNDARY OF SAID SECTION 17, A DISTANCE
OF 1061.27 FEET TO A POINT WHICH POINT INTERSECTS THE EASTERLY RIGHT-OF-WAY
BOUNDARY OF U. S. HIGHWAY 93; THENCE CONTINUING S89'51'48"E „ ON AND ALONG
SAID SOUTH BOUNDARY OF SECTION 17, A DISTANCE OF 207.21 FEET TO A POINT,
AND WHICH POINT IS THE TRUE POINT OF BEGINNING;
THENCE NORTHEASTERLY, ON AND ALONG A CURVE TO THE LEFT (DELTA = 19°38'48",
RADIUS = 497.11 FEET AND RADIAL Bi;ARING = N01°10'52"W), AN ARC LENGTH OF
170.46 FEET TO A POINT; THENCE; THENCE S45°38'05"E, AND LEAVING SAID CURVE,
A DISTANCE OF 46.99 FEET TO A POINT WHICH POINT LIES ON SAID SOUTH BOUNDARY
OF SECTION 17; THENCE N89°51'48"W, ON AND ALONG SAID SOUTH BOUNDARY, A
DISTANCE OF 200.10 FEET TO THE TRUE POINT OF BEGINNING.
THIS TRACT CONTAINS 0.056 ACRE AND SUBJECT TO AND TOGETHER WITH ALL
APPURTENANT EASEMENTS OF RECORD.
EXHIBIT "Bm
A TRACT OF LAND LOCATED IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF
SECTION 17, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA,
FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST SECTION CORNER OF SAID SECTION 17; THENCE S89'
51148"E, ON AND ALONG THE SOUTH BOUNDARY OF SAID SECTION 17, A DISTANCE OF
1061.27 FEET TO A POINT WHICH POINT INTERSECTS THE EASTERLY RIGHT-OF-WAY
BOUNDARY OF U. S. HIGHWAY 93; THENCE CONTINUING S89°51148"E „ ON AND ALONG
SAID SOUTH BOUNDARY OF SECTION 17, A DISTANCE OF 207.21 FEET TO A POINT OF
NON -TANGENT CURVATURE; THENCE NORTHEASTERLY ON AND ALONG A CURVE TO THE
LEFT (DELTA = 27°13'27", RADIUS = 497.11 FEET AND RADIAL BEARING =
N01.10'52"W), AND ARC LENGTH OF 236.20 FEET TO A POINT AND WHICH POINT IS
THE TRUE POINT OF BEGINNING;
THENCE SOUTHWESTERLY, RETRACING ALONG THE SAME CURVE, ON A CURVE TO THE
RIGHT (DELTA = 07°34'39", RADIUS = 497.11 FEET AND RADIAL BEARING =
N28°24'19"W), AN ARC LENGTH OF 65.75 FEET TO A POINT; THENCE N45'38105"W,
AND LEAVING SAID CURVE, A DISTANCE OF 39.44 FEET TO A POINT; THENCE
S89051'48"E, A DISTANCE OF 87.92 FEET TO THE TRUE POINT OF BEGINNING.
TtxTS TRACT CONTAINS 0.027 ACRE AND SUBJECT TO AND TOGETHER WITH ALL
'URTENANT EASEMENTS OF RECORD.
EXHIBIT "C"
A TRACT OF LAND LOCATED IN THE NORTH HALF OF THE NORTHWEST QUARTER OF
SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA,
FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 2 OF CERTIFICATE OF SURVEY
NUMBER 12140, RECORDS OF FLATHEAD COUNTY AND WHICH POINT IS THE
INTERSECTION OF THE SOUTH RIGHT-OF-WAY BOUNDARY OF 18TH STREET AND THE EAST
RIGHT-OF-WAY BOUNDARY OF U.S. HIGHWAY 93; THENCE S89°51'48"E, ON AND ALONG
SAID SOUTH RIGHT-OF-WAY BOUNDARY OF 18TH STREET, A DISTANCE OF 202.29 FEET
TO A POINT AND WHICH POINT IS THE TRUE POINT OF BEGINNING;
THENCE NORTHEASTERLY, ON A CURVE TO THE LEFT, (DELTA = 13°33'54", RADIUS =
559.88 FEET AND RADIAL BEARING = N05°59'51"W), AN ARC LENGTH OF 132.55 FEET
TO A POINT OF REVERSE CURVE; EASTERLY, ON A CURVE TO THE RIGHT, (DELTA_ _
74°03'18", RADIUS = 55.00 FEET AND RADIAL BEARING = S11°00'48E), AN ARC
LENGTH OF 49.87 FEET TO A POINT OF COMPOUND CURVE AND WHICH POINT LIES ON
THE WEST RIGHT-OF-WAY BOUNDARY OF 3RD AVENUE EAST; SOUTHEASTERLY, ON AND
ALONG SAID WEST RIGHT-OF-WAY BOUNDARY, ON A CURVE TO THE RIGHT (DELTA =
00°53'39", RADIUS = 1392.50 FEET AND RADIAL BEARING = S52°10'27"W), AN ARC
LENGTH OF 21.73 FEET TO A POINT WHICH POINT IS THE NORTHEAST CORNER OF SAID
PARCEL 2; THENCE N89°51148"W, ON AND ALONG THE NORTH BOUNDARY OF SAID
'ARCEL 2, A DISTANCE OF 188.70 FEET TO THE TRUE POINT OF BEGINNING.
THIS TRACT CONTAINS 0.068 ACRE AND SUBJECT TO AND TOGETHER WITH ALL
APPURTENANT EASEMENTS OF RECORD.
The City of Kalispell
Incorporated 1892
Office of the City Attorney
Glen Neier, City Attorney
Richard Hickel, Asst. City Attorney
April 17, 1998
TO: Manager, Mayor and City Council
FROM: Glen Neier, City Attorney,,,
RE: Outlaw Inn/City Property Exjdhange
Resolution No. 4398
P.O. Box 1997
Kalispell MT 59903-1997
Telephone: (406) 758-7708
Fax (406) 758-7758
Resolution No. 4398 authorizes the exchange of property between
Richard A. Dasen, The Outlaw Inn and the City of Kalispell. The
exchange is necessary because the various encroachments existing as
a result of roadway location.
Jim Burton, RLS contacted this office a few weeks ago concerning
the results of an American Land Title Association survey he had
conducted regarding the Outlaw Inn. His surveys indicated that 18th
Street between Third Avenue East and U.S. Highway 93 encroached on
some parcels of property owned by the Outlaw Inn and Richard A.
Dasen. Additionally, one parcel of property owned by the City was
occupied by a portion of the Outlaw Inn parking lot. The situation
has existed for years and is probably of little practical effect.
However, Mr. Burton requested that the City consider an exchange of
Grant Deeds as a means of rectifying the problem.
I discussed the situation with Fred Zavodny, City Project Manager,
and he informed me that all property within the vicinity of the
Outlaw was "tract land" and that 18th Street was not a dedicated
public right of way, which would have necessitated an abandonment.
The passage of Resolution No. 4398 will not change the location of
18th Street as exists today. The Resolution merely provides for an
exchange of property so that the respective parties have title to
the land they occupy.
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