Resolution 4482 - Anderson Boundary Line Adjustment (Woodland Park)1954
RESOLUTION NO. 4482
A RESOLUTION AUTHORIZING A BOUNDARY LINE ADJUSTMENT ON THE EAST
SIDE OF WOODLAND PARK AND AUTHORIZING THE MAYOR TO EXECUTE A DEED
TO THE PROPERTY SUBJECT TO THE ADJUSTMENT.
WHEREAS, the City of Kalispell owns certain real property
comprising an area of the City commonly known as Woodland
Park, and
WHEREAS, Anderson's Masonry Supply Corp. owns certain real
property adjacent to said Woodland Park, and
WHEREAS, the boundary line between the adjacent property is
located on a steep clay bank which is unsafe and unusable
for park purposes, and
WHEREAS, Anderson has submitted a proposal to the City whereby
Anderson would excavate portions of the bank resulting in
a stabilized slope and facilitate Woodland Park
improvements, and
WHEREAS, Anderson's proposal includes the City deeding to Anderson
the real property subject to excavation and
stabilization, and
WHEREAS, the City and Anderson have reduced the Anderson proposal
to writing setting forth the rights and obligations of
the parties, and
WHEREAS, the City Council determines that said agreement between
Anderson and the City is in the best interest of the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That the Mayor of the City of Kalispell is
hereby authorized and directed to execute on
behalf of the City of Kalispell the
Certificate of Survey encompassing the
property described in Exhibit A, attached
hereto and thereby made a part hereof,
adjusting the boundary between Anderson and
the City.
SECTION II. That the Mayor is further authorized and
directed to execute on behalf of the City a
deed transferring ownership of the property
described in Exhibit A to Anderson upon
completion of the excavation and slope
stabilization work by Anderson, described in
the Agreement dated the 7th day of June,
1999.
1955
■
1
n
LJ
1
SECTION III. This Resolution shall take effect immediately
upon passage b_y the_souncil and execution by
the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY.OF KALISPELL, MONTANA THIS 7 `-DAY OF ITJNE,.1999.
ATTEST:
eresa White
City Cl-erk
EXHIBIT "A"
DESCRrPTION- PKROEL 'Ilk"
lim.t.zthar5ki .
Wm. E. Boharski
Mayor
A tract of land in the NE1/4 8W1/4 and in the NW1/4 SE1/4 of
Section 8, Township 28 North, Range 21 West, P.M.,M., Flathead
County, Montana, described as follows: Comencing at the south
quarter corner of said Section 8; thence N001241111IN 2000.20 feat
along the east boundary of the SWI/4 of said Section 8 to a found
5/8 inch rebar and cap being a corner of Tract "1" as shorn and
described on Certificate of Survey No.13289, records of Flathead
County, said corner being the TRUE POINT OF BEGINNING of the tract
of land herein described; thence U14013'1711N 100.48 feet; thence
N05°24106"E 112.73 feet; thence N571136*401,W 410.97 feet to a point
on the southeast right-of-way of the Burlington Northern Rail Road;
thence H30°2912711E 89.11 feet along said right-of-way Go tte
southwest corner of Parcel *13" as shown and described on Dead
Exhibit No.683, records of Slathosd County; thence along the
southerly boundaries of Parcels 113" and 114" of said Deed Exhibit
No.683 the following four courses: S38°42107"E 111.93 feet;
859012'32"8 189.45 feet,- '6771*061541E 137.54 feet; H72°19''35"E
70.93 feet to a point on the Crest right-of-way Of a county
road known as Woodland Park Drive as shown as Tract "1" on
said Certificate of Survey No.13269;
thenco southarly alonq said right--of-way the following two courses:
830*26105"8 43.93 Peet; S33°54149"W 52.38 feet;
thence 834°441051,N 181.54 feet; thence 5101210011N 45.00 feet;
thence S00'24'11"E 38.35 feet to the point of beginning containing
1.087 acres more or 1ee8, being subject to and together with all
appurtenant easements of record.