Resolution 4398 - City Land Exchange - Dason-Outlaw Inn113 2
RESOLUTION NO. 433B
A RESOLUTION AUTHORIZING THE EXCHANGE OF LAND BETWEEN THE CITY OF
KALISPELL, AND RICHARD A. DASEN AND THE OUTLAW INN, A MONTANA JOINT
VENTURE FOR THE PURPOSE OF PROPERLY ALIGNING 1812 STREET BETWEEN 32°
AVENUE EAST AND U.S. HIGHWAY # 93 SOUTH.
WHEREAS, the City of Kalispell previously owned a portion of
C.O.S. No. 12140, commonly known as Haven Field,
and
WHEREAS, the Outlaw Inn, a Montana Joint Venture owns a
portion of C.O.S. No. 2145 Revised and C.O.S. No.
6916, and
WHEREAS, 18th Street, a non -dedicated City right-of-way
bisects said property, and
WHEREAS, the location of the road commonly traveled by the
public does not conform to the right-of-way
description contained in any certificate of survey,
and
WHEREAS, the Outlaw Inn, Richard A. Dasen and the City, of
Kalispell desire to exchange property owned by the
parties respectively so that the road lies within
the a deeded right-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL, AS FOLLOWS:
SKCTI01L.I. That the City of Kalispell is authorized to
receive from the Outlaw Inn that tract of land
described in Exhibit "A", attached hereto and
thereby made a part hereof, for the purpose of
providing a right-of-way for 18th Street
between 3rd Avenue East and U.S. Highway ## 93
South.
SECTZDIU-1I. That the Mayor of
the City
of
Kalispell
is
hereby authorized
to execute
a
Grant deed
to
the Outlaw Inn for
that tract
of
land owned
by
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1733
the City described in Exhibit "B", attached
hereto and thereby made a part hereof.
SECTION-1II. That the Mayor of the City of Kalispell is
hereby authorized to execute a Grant deed to
Richard A. Dasen for that tract of land owned
by the City described in Exhibit "CO, attached
hereto and thereby made a part hereof.
SECTIQILIY. This Resolution shall take effect immediately
upon passage by the City Council and signature
by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
AND SIGNED BY THE MAYOR THIS of'� DAY OF APRIL, 1998.
Attest:
Theresa White
Clerk of Council
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WM.F-.boharski .
Wm. E. Boharski - Mayor
1134
EXHIBIT '`A"
A TRACT OF LAND 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 PART I CULARLY 'DESCR I BED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST SECTION CORNER OF SAID SECTION 17; THENCE
S8`951'48"E, ON AND ALONG THE SOUTH BOUNDARY OF SAID SECTION 17, A DISTANCE
OF 2061.27 FEET TO A POINT WHICH POINT INTERSECTS THE EASTERLY RIGHT-OF-WAY
BOUNDARY OF U. S. HIGHWAY 93; THENCE CONTINUING S89051'48"E „ ON AND ALONG
SAID SOUTH BOUNDARY OF SECTION 17, A DISTANCE OF 207.21 FEET TO A POINT,
AND WHICH POINT IS THE TRUE POINT OF BEGINNING;
THENCE NORTHEASTERLY, ON AND ALONG A CURVE TO THE LEFT (DELTA = 19'38'48",
RADIUS = 497.11 FEET AND RADIAL BitiARING = N01"10'52"W), AN ARC LENGTH OF
170.46 FEET TO A POINT; THENCE; THENCE S45'38105"E, AND LEAVING SAID CURVE,
A DISTANCE OF 46.99 FEET TO A POINT WHICH POINT LIES ON SAID SOUTH BOUNDARY
OF SECTION 17; THENCE N89"51'48"W, ON AND ALONG SAID SOUTH BOUNDARY, A
DISTANCE OF 200.10 FEET TO THE TRUE POINT OF BEGINNING.
. THIS TRACT CONTAINS 0.056 ACRE AND SUBJECT TO AND TOGETHER WITH ALL
APPURTENANT EASEMENTS OF RECORD.
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1
1'735
EXHIBIT "B"
A TRACT OF LAND 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:
COMMCING AT THE SOUTHWEST SECTION CORNER OF SAID SECTION 17; THENCE S89'
51148"E, ON AND ALONG THE SOUTH BOUNDARY OF SAID SECTION 17, A DISTANCE OF
1061.27 FEET TO A POINT WHICH POINT INTERSECTS THE EASTERLY RIGHT-OF-WAY
BOUNDARY OF U. S. HIGHWAY 93; THENCE CONTINUING S89'51'481E„ ON AND ALONG
SAID SOUTH BOUNDARY OF SECTION 17, A DISTANCE OF 207.21 FEET TO A POINT OF
NON -TANGENT CURVATURE; THENCE NORTHEASTERLY ON AND ALONG A CURVE TO THE
LEFT (DELTA = 27-13-279, RADIUS = 497.11 FEET AND RADIAL BEARING =
N01' 10' 52 "W) , AND ARC LENGTH OF 236.20 FEET TO A POINT AND WHICH POINT IS
THE TRUE POINT OF BEGINNING;
THENCE SOUTHWESTERLY, RETRACING ALONG THE SAME CURVE,
RIGHT (DELTA = 07034139",
ON A CURVE TO THE
RADIUS =
N28024119"W), AN ARC LENGTH OF 65.75
497.11 FEET AND RADIAL BEARING =
FEET TO A
AND LEAVING
SAID CURVE, A DISTANCE
POINT;
OF 39.44 FEET
THENCE N45038'05"w,
TO A POINT; THENCE
S89'51'48"E,
A DISTANCE OF 87.92 FEET
TO THE TRUE POINT
OF BEGINNING.
THIS TRACT
APPURTENANT
CONTAINS 0.027 ACRE AND
EASEMENTS OF RECORD.
SUBJECT TO AND
TOGETHER WITH ALL
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11
1-78 G
EXHIBIT AC"
A TRACT OF LAND LOCATED IN THE NORTH HALF OF THE NORTHWEST QUARTER OF
SECTION 20, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA,
FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF PARCEL 2 OF CERTIFICATE OF SURVEI
NUMBER 12140, RECORDS OF FLATHEAD COUNTY AND WHICH POINT IS TH
INTERSECTION OF THE SOUTH RIGHT-OF-WAY BOUNDARY OF 18TH STREET AND THE EAS
RIGHT-OF-WAY BOUNDARY OF U.S. HIGHWAY 93; THENCE S89"51'48"E, ON AND ALONG
SAID SOUTH RIGHT-OF-WAY BOUNDARY OF 18TH STREET, A DISTANCE OF 202.29 FEET
TO A POINT AND WHICH POINT IS THE TRUE POINT OF BEGINNING;
THENCE NORTHEASTERLY, ON A CURVE TO THE LEFT, (DELTA = 13"33154", RADIUS =
559.88 FEET AND RADIAL BEARING = N05059'51"W), AN ARC LENGTH OF 132.55 FEET
TO A POINT OF REVERSE CURVE; EASTERLY, ON A CURVE TO THE RIGHT, (DELTA_
74"03'18", RADIUS = 55.00 FEET AND RADIAL BEARING = S11'00'48'E), AN ARC
LENGTH OF 49.87 FEET TO A POINT OF COMPOUND CURVE AND WHICH POINT LIES ON
THE WEST RIGHT-OF-WAY BOUNDARY OF 3RD AVENUE EAST; SOUTHEASTERLY, ON AND
ALONG SAID WEST RIGHT-OF-WAY BOUNDARY, ON A CURVE TO THE RIGHT (DELTA =
00"53'39", RADIUS = 1392.50 FEET AND RADIAL BEARING = S52°10'27'W), AN ARC
LENGTH OF 21.73 FEET TO A POINT WHICH POINT IS THE NORTHEAST CORNER OF SAID
PARCEL 2; THENCE N89"51'48"W, ON AND ALONG THE NORTH BOUNDARY OF SAID
PARCEL 2, A DISTANCE OF 188.70 FEET TO THE TRUE POINT OF BEGINNING.
THIS TRACT CONTAINS 0.068 ACRE AND SUBJECT TO AND TOGETHER WITH ALL
APPURTENANT EASEMENTS OF RECORD.
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