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.
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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 _