Draft Memorandum of Understanding/Property Line Adjustments, etc.Memorandum of Understanding
03114101
Page I of 4
Revision date: March 14, 2001
MEMORANDUM OF UNDERSTANDING
Date: , 2001
Section 1.0 Purpose - The purpose of this document is to set forth the intended
property line adjustments, easement creation and elimination and construction
of a new frontage road.
Section 2.0 Subject Parcels - This Memorandum of Understanding shall reference
the following parcels located south of Kalispell, Montana in Section 20, Township
28, Range 21:
• Parcel # 1
Lot 3 of the Daly Dole,, Field Subdivision
City of Kalispell
312 1 st Avenue East
Kalispell, MT 59901
• Parcel #2
Tract 2AD of Section 20, Township 28, Range 21
Wiggin/Torgerson Partnership
1 103 South Main
Kalispell, MT 59901
• Parcel #3
Tracts 2ACA and 2K of Section 20, Township 28, Range 21
Wiggin/Torgerson Partnership
1 103 South Main
Kalispell, MT 59901
• Parcel # 4
Tract 2AC of Section 20, Townsh
Penco Motor Sports
2480 Highway 93 South
Kalispell, MT 59901
• Parcel #5
Lot 1 of Oretana Subdivision
Murcon Development, Inc.
2940 Petro -Canada Tower
W. 150-61" Avenue SW
Calgary, Alberta t2P 3Y7
• Parcel #6
Lot 2 of Oretana Subdivision
John Murdoch
2275 North 71" Avenue
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Memorandum of Understanding 03114101
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Bozeman, MT 59715
Section 3.0 Elimination of Existing Easements -
3.1 The portion of the existing 60-foot private road and utility
easement located along the south boundary of Parcels 3, 4,
5, and 6 shall be abandoned.
3.2 The portion of the existing 60-foot private road and utility
easement located along the south boundary of Parcel 6,
excluding the easterly 60', shall be abandoned.
Section 4.0 Creation of New Easement - Parcel 1 shall grant a new 60-foot
private road and utility easement rom 30 feet north of the centerline of the
Kelley Road approach south.along the east property boundary �o the north
boundary of parcel 5. The easement shall extend to the MDT right-of-way limits
and shall include provisions for the new approach to be located across from the
existing Kelly Road approach. The easement shall be granted to all parcel
owners for public use.
Section 5.0 Relocation of Existing Property Boundaries -
5.1 The north property line of Parcel 3, consistent with the north
adjoining property line between Parcels 3 & 5, shall be adjusted to
align with the MDT right-of-way limit.
5.2 The south property line of Parcel 3, consistent with the adjoining
property line between Parcels 3 & 4, shall be extended to the MDT
right-of-way limit.
5.3 The south property line of Parcel 4, consistent with the south
adjoining property line of Parcels 4 & 5, shall be extended to the
MDT right-of-way limit.
5.4 The north portion of Parcel 5 created as a result of the boundary
line adjustment detailed in section 5.1 above shall remain in the
ownership of the owner of Parcel 5 and shall be designated as
Parcel 5-A.
Section 6.0 Road Construction - A new frontage road shall be constructed in the
existing and newly -created road and utility easement from the north property
line of
Parcel 1 to the south property line of Parcel 5. The road shall be constructed in
accordance with the City of Kalispell Design Standards for a local subdivision
street providing a minimum pavement width of 28-feet. The street shall include
curb and gutter on both sides of the asphalt. No sidewalks, landscaping,
boulevards, or other similar improvements will be required for the frontage road.
The frontage road desi nshot) be coordinated and integrated with the
Memorandum of Understanding 03114101
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0 osed MDT US 93 improvements to ensure full comgatibtLify of al" nments and
grades.
Section 7.0 Road Construction Funding - Owners of each parcels shall bear the
costs of road construction based upon a pro-rata share derived from the total
cost of the project times the lineal feet of highway frontage for each parcel
following adjustments in section 5 above, as numerator, divided by the total
highway frontage from the northeast property corner of Parcel 1 to the southeast
property corner of Parcel 5, as denominator. The frontage road is to be
constructed on or before December 31, 2002. A parcel owner desiring to
construct the frontage road shall submit a cost proposal to all other parcel
owners. If approved, all parcel owners shall reimburse the parcel owner
constructing the frontage road based on a pro-rata share of direct construction
costs.
�_T GdjoininQirlrrr col in GGA-rdG-.A --yVith stGndGrds set fnrfh in this
"Esnstr-i The costs shall not include interest fees, management fees, or
other indirect costs. Reimbursement payment shall be made by each parcel
owner on or before December 31, 2002.
The owner of parcel 6 shall pay the pro -rota share for the owner of Parcel l . The
owner of Parcel 6 shall be reimbursed an amount equal to the cost of
constructing the approach and road to 50 feet either side of the centerline of
the approach at the time of sale of Parcel 1 by the existing owner.
Section 8.0 Road Maintenance - It shall be the responsibility of each parcel
owner to garticigate in a road maintenance agreement with the othgl- -)arties to
fr„•s memorandum. for the purpose of maintaining dip the frontage road
that is located on the owned parcel.
Section 9.0 Assessment - The provisions of this Memorandum shall be tied to the
individual parcels and shall be .,Lnding of subjeGt tG +ho future property owners.
Section 10.0 Attachment - The following attachments shall be included in and
become part of this memorandum:
Attachment A - Vicinity Plan, existing property boundaries & easements
Attachment B - Vicinity Plan, revised property boundaries & easements
Section 11.0 Authorization -
Parcel 1
City of Kalispell - Chris Kukulski
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Memorandum of Understanding 03114101
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Parcel 2
Wiggin/Torgerson Partnership
Parcel 3
Wiggin/Torgerson Partnership
Parcel 4
Penco Power Sports
Parcel 5
Murcon Development, Inc. - Murph Hannon
Parcel 6
John Murdoch
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