Resolution 2949 - Torstenson Realty Co - EncroachmentM
RESOLUrION 2949
PJ,SOLUTION OF THE CTTY COUNCIL
—_ -_ -a —_ W
OF THE E�Y�;F 6ZI 'EL RE.i.'�TJNG (5�_DAY NIGHT
-m-IrIc _hA, 9 7 4
WIIEREAS, Torstenson Realty Company, is now constructing a facility to
serve as a convention center, motel, restaurant and cocktail loun(je on the
real property described as Exhibit "A" attached hereto and by this reference
%ado a part hereof; and
WHEREAS, the construction of said facility as it is now designed will
result in a six inch encroachment of the corner of an overhantlinq eve on to
the right of way of old Highway 93 which is now owned by the, City of Kalispell;
and
WIIERrAS, Torstenson Realty Company intends to request that the City Council
of the City of Kalispell grant an easement for said encroachment upon the com-
pletion of the construction of that part of the facility wbich will, result in
the encroachment; and
WHEREAS, it is the desire of Torstenson Realty Company to avoid the expense
of a survey to establish a legal description of said six inch encroachment for
the purpose of drafting an easement; and
WHEREAS, it is the further desire of the owners of Hennessy's to obtain
authorization from the City Council of the City of Kalispell to proceed with
the construction of that portion of the facility which will result in' the on-
croachment, and to then request that the City Council grant an vaseniont for the
enc!roachment which may then be described simply as tho pirt ol th�, (�xir,( inq
buildinq which oncroaohvs on the old Iliqhway 93 right of way; and
WHERBAS, the City Council of the City of Kalispell. has rvviewed the plans
and sp�-cifications for said facility at the encroachment which will result and
has expessed its willingness to grant an easement for said encroachnivnt,
UOW, TI]FAPJ,'ORE, be it resolved that the City Council of Yal i Montana,
at, jj meeting held Monday night the 4th. day of March,, 1974, do hortlf,y
authorize Torstenson Realty Company to continue with the conrLructio�l of
facilities which according to plans and specifications revit�wed at this
meoting will result in a six inch encroachment by an overhanqiimT vklt'ner Ove
on to Lhe right of way of old Highway 93, and that the CitY COU"Cil Of T�alisp011
dovs a,�iree that upon completion of that portion of the, bui tdi rl,j wh 611 w i I 1"ii2
d ra lon
��ijtt, in tho encroachment the City Council will, uIxMI PaYTTIOW- Of f-olwi It
-in tjj(� amount of $10.00, grant to Torstgswon R omp'My 'W for
ili- f�nt�roachment of said corner 7K�ovvrbanq.
,-he foregoinq resolution
council of the City Of
unanimous
the f
meetinq (,f tile City
y o F N'larch, '1974.
B X111BIT
4.41
ty C1 (! t. k
EXUrDTT "A"
17c Mmifog nt thQ Sotithoast corner of 131ock 251 of Xnlicpell
Towns1to, Co;,-nr-.,,.nyf a Addition No. 7 to Kalinpoll,
Montana, n",or4lng to tho plat thereof on file and of
rf,�eord'ln tha offlee of the County Clerk and Recorder
of VIathoO CoLu7ty. Montanal thence
South 13�,401 Evqt alow7 the Went boundary of Third Avmue
La,it 053. 0 feet to & trub point of begiuning; Vv � �cx.,
South 131 491 Eant along the Wont boundary of Third Avcj-�vo
Bftrft S'712. 1 feat to a point of tho Easterly boutklnz�r of
Old It. S. No. 03; thcnco alor', a 1w.nr1n,-j
ctlxwo bolng tAln Lastarlyl�ovnrlary of Old U. S, Ilib;a-
'way No* 03, the chord aTwhich haa a bearing mid
dl(A"'mco of
Forth 47* 431 Wczt 168. 5 feet. to a pcintj thence
Vortlx 480 451 Wont along the Easterly boundary of Old U. S.
Highway No. 03 a distance of 222.2 feet to a point;
thence
North 76 0 11 # East 221. 3 feet to the true point of beglnning,
oontainWg 0. 82 acres, more or less.
e
AND
TRACT 1:
Loto 1, 2, 3, 4, 5, 6. 7, 8, 9 and 10 of Block 2 of Ryker
1,tietition, ancprdAng to U map or plat thereof, recorda o� th
�A)un�y Clork and Recorder of Vlathead County, Moatnna;
TRACT 2:
That part of the South Half of �ho Southwest Quarter of �Snction
17, Town0alp 20 North, Range 21 went, M.P. M.,
County, Montann, particularly described as followa:
Conimcnalnj at the Southeast 0orner of Diool� 251
To';-,,A'Av1t0 Company' a Addition Number Sown to
T11011tona, accordln'a, to th�� recorded plat thoreof, r
ol County Clark and Reco.Vder of Flathezvt County. Moi"Atww:
�3o"Va 130 491 Eaut along the West boundary of Third
Ernt oxtended fqoutllerly wdir'A'ance 01852 rc'CA;
Srmth 76 11 111 WeiA a (Untance of 221. 3 feet to tho kt, r�
brarxdary of Old U. S. 1111"'hway No. 03 vnd tho pl"-""-(� (1
brflinabla of 010 tract to he heroln d�iacrltwd; ih�
Vord 70 * I I I Enut n dintanca 6-f 221. 3 foot to tha
boundary of ThArd Awmue'1',nat ez;tendccl Soat1zo0',,,,-j
Parth 131 400 Wcn,t alonq tho Went bovudary of Third
Eni;t a distmice of 120 foot; thi-,�nce
Pouth 701 110 Weat a distence of 305. 6noz/or lno�i,
to the Easterly boundary of U 8',' ffigh-may o. 9 3; acj-
Sonth AM* 451 East rxid f It I Rantk�rl (ninc-lat"'Y
fiald Old V. S. fliahwa-' 93 a distat e of 140, 4 f. 't,
More or lean, to tb lace 0
T,,tho,unilerslgned, City Clark of the C1
p()jrj.r ts a�truo and correct copy of the
thq� Ci�ty� of Kalispell, Montana. at a rag
I Opel I, phoroy' -Wil- tho foro-
'�ort,IfV t
n duly the c4y council of
trig on �, 197-4