2019 Utility Easement Agmt/Basecamp OutpostII I I II III II II III III IIIIIIII II IIIIIIII IIII I II III II II I III 20ge: 1 o 7
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Debbie Pierson, Flathead County MT by SC 7/11/2019 12:16�PM
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When Recorded, Return To:
City of Kalispell
Attention: Charlie Harball
P.O. Box 1997
Kalispell, MT 59903
EASEMENT AGREEMENT
(Utility)
THIS "EASEMENT" is made effective and is entered into by and between BASECAMP
OUTPOST, LLC, a Montana limited liability company, whose address is 5238 Baskin Street,
Orlando, FL 32814-6799, hereinafter referred to as "Grantor", and THE CITY OF KALISPELL, a
Montana municipal corporation, whose address is at 201 15Y Avenue East, Kalispell, MT 59901,
hereinafter referred to as "Grantee".
RECITALS:
Grantor, for and in consideration of the faithful observance and strict performance of
the terms and conditions hereof, hereby grants to Grantee a non-exclusive utility easement
across a portion of Tract 2 of Certificate of Survey 2,1/ %' / , records of Flathead County
Montana, lying and being in the North Half of the Northeast Quarter of Section 32, Township 28
North, Range 21 West, P.M.M., Flathead County, Montana (herein referred to as the "Easement
Area"); said Easement Area being more particularly described and depicted in Exhibit A and
Exhibit Al, attached hereto and by this reference being made a part hereof, as "Easement
Area", with a total area of 7,201 square feet.
AGREEMENT:
It is mutually understood and agreed that Grantor has granted this Easement and
Grantee has accepted the same, subject to and upon the following reservations, terms,
conditions, covenants and agreements:
1. Purpose. Grantee shall have the right, privilege, and authority to use the Easement
Area to place, construct, operate, maintain and relocate thereon utilities for water, sewer, and
storm water (the "Utilities") below the ground and under and upon the Easement Area, using
such machinery and equipment on such property that may be reasonably necessary to
accomplish the aforementioned purposes. If it is necessary for GRANTEE to excavate in order
to install, maintain, repair or replace the Utilities, facilities and appurtenances, GRANTEE shall
restore GRANTOR'S real property to a similar condition that existed prior to such excavation.
2. Crossing and Use of Easement Area. Grantor reserves the right to use, cross and re -
cross said Easement Area on grade or otherwise, by any means for any purpose, and further
reserves the right to use the lands occupied by the Utilities in a manner that will not
unreasonably interfere with the rights granted Grantee hereunder or that will, with reasonable
certainty, cause any damage to the Utilities.
3. Benefit. This easement is for the benefit of GRANTEE. Inherent in GRANTEE'S right to
use the utility easement for the purposes set forth above are all rights of access reasonably
necessary for GRANTEE to excavate, install, construct, access, repair, and maintain the Utilities
to the degree required for the continuation of such purposes. Except as otherwise provided
herein, GRANTOR is strictly prohibited from obstructing the easement in any way that would
impede GRANTEE'S use of the easement for the purposes set forth herein.
4. Ingress and Egress. Grantee shall, at all times, have ingress to and egress from the
Utilities over and across Grantor's adjacent land for the purposes of exercising all of the rights
herein granted.
5. Assumption of Liability. In the exercise of the rights granted hereunder to Grantee,
Grantee shall make every effort to avoid damage to Grantor's real or personal property within
and adjacent to said Easement Area. Grantee shall be liable and hereby covenants to pay for all
loss or damage to Grantor's real or personal property that is caused by or results from any act
or omission to act, of Grantee, its employees and agents in the operation, maintenance, repair,
reconstruction of the Utilities, whether negligent or otherwise. Likewise, Grantor shall be liable
and hereby covenants to pay for all loss or damage to Grantee's Utilities that is caused by or
results from any act or omission to act, of Grantor, its employees and agents in the use of the
Easement Area as described in Section 2 of this Easement, whether negligent or otherwise.
6. Release of Claims/Liability. Except as otherwise provided herein, Grantee expressly
releases Grantor from any and all claims for damage to the Utilities pursuant to the rights
granted herein arising from any operation of Grantor on its said property; provided, that in
conduct of any such operation, Grantor shall use reasonable care to avoid causing such
damage, it being expressly understood that this provision does not release Grantor from any
Page 2 of 6
Utility Easement
Basecamp Outpost, LLC to
City of Kalispell
claim for damages caused by its negligence. Grantor does not assume any liability for damages
or injuries caused by or resulting from acts or omissions by other than Grantor, its employees,
agents and contractors.
7. Grantee's Agents. Subject to Section 3 hereof, any independent contractor or
subcontractor engaged by Grantee to perform services relating to the rights held by Grantee
herein shall, as between the parties hereto, be deemed to be the agent of Grantee.
8. Successor and Assigns. This Easement, and all of the rights and obligations herein, shall
run with the land, inure to the benefit of, and be binding upon, the respective successors and
assigns of the parties hereto.
9. Applicable Law. This easement shall be construed, interpreted and enforced in
accordance with and shall be governed by the laws of the State of Montana applicable to
agreements entered into and wholly to be performed therein. In the event of any conflict
between any provisions hereof and any applicable laws to the contrary, the latter shall prevail,
but this easement shall be deemed modified only to the extent necessary to remove such
conflicts.
10. Attorneys' Fees. In the event legal action, including litigation, is undertaken to interpret
or enforce any aspect of this Easement, the prevailing party shall be entitled to reasonable
attorneys' fees and court costs.
11. Modification. Any modifications of this Easement or additional obligation assumed by
either party in connection with this Easement shall be binding only if evidenced in writing
signed by each party or an authorized representative of each party.
[Signatures and acknowledgements appear on following pages]
Page 3 of 6
Utility Easement
Basecamp Outpost, LLC to
City of Kalispell
IN WITNESS, WHEREOF, said Grantor has executed, and Grantee has accepted this
Easement thisZ day of June, 2019.
GRANTOR:
BASECAMP OUTPOST, LLC,
a Montana limited liability company
0
By:
Name: Andrew Matthews
Title: Manager Member
ACKNOWLEDGEMENT
STATE OF MONTANA )
ss.
County of Flathead )
On this : 7 day of June, 2019, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared ANDREW'`MATTHEWS known to me to be the person
whose name is subscribed to the fore oing instrument, and acknowledged to me that he
executed the same. ,
LPey� WWIELPBRIEN
t ti NOTARY PUBLIC IOrum Notary Public for the State of Montana
SEAL� of MOhlen
Jay 24. 20t4
Page 4 of 6
Utility Easement
Basecamp Outpost, LLC to
City of Kalispell
.�
This Easement is accepted and approved as of this day of June, 2019.
GRANTEE:
CITY OF KALISPELL
By:
Name: Br6ug Ru Zel
Title: City Manager
ACKNOWLEDGEMENT
STATE OF MONTANA )
ss.
County of Flathead )
On this ?Iw)day of June, 2019, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared DOUG RUSSELL known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same. n n
' N EV� CODILYN EVENSON
nTAR/ '�2 NOTARY PUBLIC for the
N _Ac State of Montana ar Pub r the State of Montana
SEAL Residing at Kalispell, Y
'
JMontana
'� ,,,,,...•~ My Commission Expires
July 24, 2022
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Utility Easement
Basecamp Outpost, LLC to
City of Kalispell
EXHIBIT A
DESCRIPTION OF EASEMENT AREA
See: Attached Easement Exhibit — marked "Exhibit AV'
Page 6 of 6
Utility Easement
Basecamp Outpost, LLC to
City of Kalispell
Bw SANDS SURVEYING, Inc.
2 Village Loop
Kalispell, MT 59901
(406) 755-6481
JOB NO: 347104 (in 305401)
DATE: JUNE 19, 2019
OWNER: BASECAMP OUTPOST, LLC
EXHIBIT A 1
in N112NE114 SEC. 32, T.28N., R.21 W., P.M.,M.,
CITY OF KALISPELL, FLATHEAD CO., MT
SCALE : 1" = 60'
60' 30' 0 60' 120'
PURPOSE: EASEMENT to City of Kalispell, MT
RADL4L BEARING TABLE
LINE
BEARING
R1
N05°4248 "E
R2
N43°21 '10'E
R3
S43°21 10 "W
R4
S33°34 20 "W
R5
S26041 '48 "W
R6
S15°0257"W
R7
I S77°0648"W
R8
N89°11 '341E
LEGEND:
S 1116 Corner (as noted)
• Found 518" Rebar (no cap)
G Found 2" Alum. Cap MDOT (14742S)
=-'j EASEMENT AREA 7,201 Sq.Ft.
CURVE
TABLE
CURVE
RADIUS
DELTA
LENGTH
Cl
106.68'
37°38 23"
70.08'
C2
134.59'
9°46'50"
22.97'
C3
139.51 '
11 °38 51 "
28.36'
C4
470.00'
12°04'46"
99.09'
Slt
e
4t S C 43
�a
ADO �atl ()()0 ,
20 /
LINE TABLE
LINE
LENGTH
BEARING
Ll
44.27'
N69°5243 "W
L2
32.32'
N55°2439"W
L3
17.16'
N43°13'00 "W
N
SANDS
SE Cor. NWY/.INE%, Sec. 32
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