Resolution 3421 - Abandon Old US Hwy 93aov, 748 FAcE570
RESOLUTION NO. 3421
A RESOLUTION TO ABANDON A CITY STREET COMMONLY KNOWN AS OLD U. S.
HIGHWAY NO. 93.
WHEREAS, on the 28th day of June, 1982, the City of Kalispell
received a petition from Forrest W. Daley, Irene H. Daley, Outlaw
Inn,, a Montana Joint Venture, Ronald W. Torstenson, Richard Dasen,
George P. Lambros, City Service, Inc., a Montana Corporation, David
Tonjum, Donald Andersen and Ruth A. Andersen, owners of record of
all lots along a City Street commonly known as Old U. S. Highway
No. 93, requesting that the City of Kalispell vacate said roadway
pursuant to Section No. 7-14-4114, M.C.A., and
WHEREAS, notice of said petition was published in the Daily
Inter Lake, a daily newspaper, published in Kalispell, Montana, on
the 28th day of July, 1982, and
WHEREAS, on the 4th day of August, 1982, the City Council
of the City of Kalispell held a public hearing to hear proponents
and opponents on the closure and to further determine any action,
that would serve the public interest, and
. WHEREAS, it was determined that the petition herinbefore men-
tioned was properly presented to the Council, and
WHEREAS, it was determined at said public hearing that the
closure of the street commonly known as Old U. S. Highway No. 93
would be in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL, MONTANA, THAT:
SECTION I. All that part of the City street commonly known as
Old U. S. Highway No. 93, as more particularly described in
Exhibit "A" attached hereto and made a part hereof, is hereby vacated
as the same is no longer required for public use and the public
interest will be served by its vacation.
SECTION II. This Resolution shall take effect and be in force
from and after thirty (30) days of its passage and signed by the
Mayor.
PASSED AND APPROVED BY
OF KALISPELL, THIS 4th DAY
ATTEST:
THE MAYOR AND CITY COUNCIL OF THE CITY
OF AUGUST, 1982.
0
�LeRo E! McDowe , Mayor``
7
Marjor,fie Giermann, City Clerk -Treasurer
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EXHIBIT "A"- BQJK PAGE571
TRACT "C"
A tract of land located in the South half of the South-
west Quarter of Section 17, Township 28 North, Range 21
West, Principal Meridian, Montana, Flathead County, Mon-
tana, and more particularly described as follows:
Commencing at the Southwest corner of Parcel I of Certi-
ficate of Survey No. 2822, records of Flathead County,
which point lies on the Easterly right-of-way boundary
of old U.S. Highway 93, and which point is the true point
of beginning;
Thence S 471 58' 25" E, on and along said Easterly right-
of-way of old U.S. Highway 93, a distance of 96.98 feet
to a point;
Thence S 490 12' 41" E, on and along said easterly right-
of-way of old U.S. Highway 93, a distance of 561.43 feet
to a point;
Thence S 41' 33' 13" W, a distance of 78.96 feet to a
point which lies on the Westerly right-of-way boundary
of said old U.S. Highway 93;
Thence N 481 28' 24" W, on and along said Westerly right-
of-way of old U.S. Highway 93, a distance of 370.35 feet
to a point which indicates the Southeast corner of a tract
of land indicated on Certificate of Survey No. 2283 records
of Flathead County;
Thence N 481 25' 19" W, continuing on and along said Wes-
terly right-of-way of old U.S. Highway 93, a distance of
424.10 feet to a point which indicates an intersection
with the Southerly extension of the East boundary of Tract I
of Certificate of Survey No. 3975, records of Flathead County;
Thence N 131 52' 19" W, on and along said Southerly.ex-
tension of Tract 1 a distance of 41.79 feet to a point;
Thence N 56' 44' 45" E, a distance of 47.27 feet to a point;
Thence S 51' 11' 59" E, a distance of 57.73 feet to a wes-
terly corner uf said Parcel 1 of Certificate of Survey No.
2822;
Thence S 48°- 32' 10" E, on and along a Westerly boundary
of said Parcel 1 of Certificate of Survey No. 2822, a dis-
tance of 100.46 feet to the true point of beginning.
Basis of bearings: A westerly boundary of Parcel I of Cer-
tificate of Survey No. 2822, records of Flathead County,
taken as N 481 32' 10" W.
This tract contains 1.395 acres.
TRACT "D"
A tract of land described in book 615, page 311, records
of Flathead County and 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 corner of Parcel I of Certificate
of Survey No. 2822, records of Flathead County, Montana,
and which point lies on the Easterly right-of-way boundary
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�noK JA4PAGE
EXHIBIT "A" Continued
of old U.S. Highway 93; thence S 481 58' 25" E, on and
along said Easterly right-of-way boundary of old U.S.
Highway 93, a distance of 96.98 feet to a point; thence
S 491 12' 41" E, continuing on and along said Easterly
right-of-way boundary of old U.S. Highway 93, a distance
of 561.43 feet to a point which point is the true point
of beginning;
Thence continuing S 490 12' 41" E, on and along said
Easterly right-of-way of old U.S. Highway 93, a distance
of 241.11 feet to a point of tangency;
Thence Southeasterly, on a curve to the right (delta =
06' 44' 36", radius = 1432.50 feet), a distance of 168.80
feet to a point;
Thence S 13' 49' 00" E, a distance of 41.35 feet to a
point;
Thence N 891 51' 48" W, a distance of 87.92 feet to a
point which lies on the Westerly right-of-way boundary
of said old U.S. Highway 93;
Thence N 451 38' 05" W, on and along said Westerly right-
of-way boundary of old U.S. Highway 93, a distance of 145.62
feet to a point;
Thence N 48' 26' 47" W, continuing on and along said
Westerly right-of-way boundary of old U.S. Highway 93,
a distance of 232.00 feet to a point;
Thence N 41' 33' 13" E, a distance of 78.96 feet to the
true point of beginning.
Basis of bearings: A Westerly boundary of Parcel 1 of
Certificate of Survey No. 2822, records of Flathead
County, taken as N 480 32' 10" W.
This tract contains 0.783 acre.
STATE OF MONTANA, ss
County of Flathead
Filed for record at the request of
this 9. c-r day of Sgg�;S� 19 o'clock
PAGE .f7o Records of Flathead County, State of Montana.
Fee $ -+--- —Pd.
HN1;fi /
RECEPTION NO. / O J 12
RETURN TO
WFIE0 f
/g M and recorded in VOL.
J";
- -
Flathead County Clerk and Recorder
Deputy
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