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07. Leslie Schreiner Request to Purchase PropertyJEFFREY G. & LESLI L. SCHREINER 1115 1/2 Fourth Street West Kalispell, MT 59901 January 18, 1995 Glen Neier, City Attorney City of Kalispell Kalispell, Montana RE: Property Proposal Dear Mr. Neier: We have been working with the City of Kalispell to purchase a piece of property from you. We were advised of the procedure we would have to go through and found that we could not afford to purchase the property based on those conditions. We met with Brian Wood and Craig Kerzman and they advised us to present this letter to City Council for consideration. our objective is to increase the square footage of our property to allow us to build a house to a size suitable for a family of five, as well as be able to open the garage door to the alley. Please find enclosed a petition to abandon a portion of that right-of- way between the alley and our property. We are following 7-14-4114, M.C.A. and realize publication in the newspaper is necessary. If this procedure is acceptable to the City Council, we would like to move forward as soon as possible. Another option we are proposing is that the City of Kalispell grant us an easement over that piece of property to allow parking and also allow the garage door to be opened off of the alley. The distance between the door and the alley itself is a minimum of 10 feet. As I said before, our objective is to be able to build a house and open that garage door. We intend to build next to the existing house and no building would take place on that pie -shaped piece of property. We are hoping that parking would also be further in the property. We would rather go with the abandonment, as this will allow the property in question to become a part of our property. We look forward to further negotiations with the City of Kalispell. Thank you for any consideration you can give to this proposal. Singerely, sli L. ScIreiner PETITION FOR DISCONTINUANCE OF PUBLIC RIGHT-OF-WAY TO THE KALISPELL CITY COUNCIL We, the undersigned, being residents and freeholders of the City of Kalispell. County of Flathead, taxable therein for road purposes, do hereby petition in writing, pursuant to Section 7-14-4114, M.C. A. , the Kalispell City Council to discontinue and abandon that certain public right-of-way in said City of Kalispell, described as follows: SEE ATTACHED MAP That the public right-of-way sought to be abandoned and discontinued is not necessary for the public use and the same may be discontinued and abandoned without detriment to the public interest; The Petitioners pray that this Petition be set for hearing, as provided by law, and that upon hearing, this Kalispell City Council vacate and discontinue that portion of the public right-of-way above described. DATED this 18th day of January, 1995. "i I AT PRINTED LAST NAME ADDRESS V C otj e `?� t d, �1 a F t t N w �Q to 3 � � c , t_ t r EASEMENT AGREEt4ENT That THE CITY OF KALISPELL _ of Kalispell. Montana , hereinafter referred to as "GRANTOR" owns the following described property: SEE ATTACHED EXHIBIT "A" That JEFFREY G. SCHREINER & LESLI L. SCHREINER of Kalispelj. Montana , hereinafter referred to as "GRANTEE" owns the following described property: SEE ATTACHED EXHIBIT "B" Grantor herein does grant, bargain and convey to the Grantees. their heirs, successors and assigns, an exclusive easement and right-of- way over and across the above described property. Said easement is granted for the following purposes: To provide ingress and egress over the right-pf-way onto the property owned by the Grantee. To provi.de,,.the Grantee the ability to open the garage door along the alley. The provisions of this easement are for the benefit of and appurtenant to the Grantee's tract of land and shall run with said land and shall be binding upon the Grantor, their heirs, assigns and successors. If it. is determined by the Grantor that the access to the garage is no longer desired by the Grantee, their heirs or assigns, this easement shall terminate. Grantor reserves for itself, its successors and assigns, the right to go upon, cross, and recross at any place, over said right-of-way and use the right-of-way in such manner that will not unreasonably interfere with the rights granted to the other party hereunder. i IN WITNESS WHEREOF, the Grantors have hereunto set their hands this day of 1995. STATE OF MONTANA ) ) S.S. COUNTY OF FLATHEAD ) On this day of , 1994, before me the undersigned, a Notary Public for the State of Montana, County of Flathead, personally appeared , known to me to be the person whose name is subscribed to the said instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have set my hand and affixed my seal the day and year first above written. Notary Public for the State of 11T Residing at My Commission Expires _