Resolution 1429 - Channel to Divert Spring CreekRESOLINION h0. 1429.
TIEP 1',-KT',CT,710h BY 71E I'L"M ' � AMD CITY (LFRK
OF' Tll�s' CITY 0" KALII�;P'�11, 0"" PN A(ME71",1,7 1hfI['H TH O'MT
T-t
i A I I , 71A Y C 0 Y � .1011, � A R I (I T' T - 0 W. A, Y if 0 R A C I 1A 11, 1 � E]L F OR I I I J 1'( i EP
OF DIVERTIII-C, T`,'�, WATE1-1,,'.) OF CRT]M.
13113 IT RESCILVID 3Y THa CIT'T COIJIXIL OF T,1]' CITY 0-TP KPA-7""Spr1l"
WIFTMEAS, the City of Kalinpeil is desirous of diverting., the
waters of 8prin,- Creek in the West portion of the City Of halis-
pell into as 11 ew Channel to be, constructed upori and alon�c, the
Southerly side of the right-of-way of the IIarjon Brands ol tt'.e
Great Eorthern Railway Company from a -point w`lere said creek
intersects said right-of-way at the mill porld of the Yalispell
Lumber Cc)mpany and just west of' the Kqaispoll Flour Mill Comp anylo
plant; we�sterly to a point where said ri-,--ht-of-way is
intersected by Ashley Creek, and it is neces�.ia.ry for ttlat purpose
th,-It the City of Kalis- ' nell obtair f-rom. the Great I' 'orthern Railway
n Company n enspzment for tne use, of i portion of 111ae ri,'(71it-of-way
of saic Rail -way Co -many for snid purposes; and
the (,,reat Northe-rn Railway Ccm-pany has ap-reed to
ive to the City of YRlispell such easernent it' the USUR1 form
us,ed by the., I 'Rai lsay Corlpany with nece,,3sary and proper clauses
to roll sfiid Rnilway Company free, clear and lharmless frnra ',Any
�anfl all actions, oostq and da-ma, Yes whatsoeve'r which
Mc-ht arise tbe said Railway corapany, its sucoessors
or by reason of the construction zqnd mairtenanme of sold
di h upon said rir,,-ht-of-way.
137 Ill -IFIFGIP7 RESOLVED, that the City of Kalis--,ell accept
from t'ie Great Tiortherrj Tinilwoy Company an easeur ent in the:; u,,,ual
form containing the provisions nbove set forth and enter into
an wreement to construct, keep °,-ind raaintFiin said ditch in a
first class ,and avorkatwanlike rnnnner, with proper slopes and so,
as to provide 'nr(),per sup port for the a-Ijacent banks amd to
indemn'Lf'v, save, Reap anti hold the Great horthern Raiiway Company,
clear and liarraless fram any and all claims, deMRnds, darange's and
actions whatsoever arising or to arise, out of tlie construct -ion
and maintenance, ol' said ditch and tlae, sane as a cliannel
for the divevsion of the waters of ai,,l 'jprinr Creek, and also
from any and all. claims, dar,,Aa0-(z,,s find demnnds whatsoever t,,rising,
oiaA of th,e constructiara =�.nd maintenance of F—aid ditch by reas)n
of loss of clipport to adjaoent banks :and lands, as well as any
structi4rle of road be-�s of t-'ie said, Great 11orthern Railrzny Cord7,-
any; and thall the Mayor and City Clork are here',)y duly wither-
ized to accept such an easement from. tPle Ureat Nortliern Rail-
way Corapany, a Ifinnesota ,,,'orporation, and execute such a ree-
ment or acreerae.rts cOTitainin-g, the coves-ts and stipu2,ations
herprbefore set forth, and upon its execution and delivery, and
acceptance by eaeh of the parties tt'iareto the same slmll b,3cone
I f -.
binainc,, contr�olt r3nrl obli�,,ation upon the City o La 11 sp e 11
-11asse- ect,ely
and appro-ved by tl-ia Citv (�oijjicil and Mayor resp iv
this "11,th day of Felbrunry, 11.434.
,ray o r .
Attest:
flify Cler°k
State of "'!ontana
County of Plataeud
City of Kalispell
I. I. D. ito-nlipn, City. Clerk of the City of Kalisp11, 11oritana,
hereby certify that fore,Toing to be a full, true and correct copy
of ti resolution passed and approved by the City Council and Llayor
respectively on the 20th day of F'ebrunry, 1�34
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