01-15-21 Public Way Easement/WSPGB Mall and CityReturn to:
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903-1997
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Debbie Pierson, Flathead County MT by JW 6/29/2022 11� AM
PUBLIC WAY EASEMENT
THIS EASEMENT, is granted this IL day of�, 2021 by and between WSPGB MALL
L.L.C., a foreign Limited Liability Company registered in he State of Utah, of 2733 E. Parleys Way, Ste
300, Salt Lake City, Utah, 84109 hereinafter called GRANTOR, and the City of Kalispell, a duly
organized municipal corporation of the State of Montana, of P.O. Box 1997, Kalispell, MT 59903,
hereinafter called GRANTEE.
WITNESSETH.-
GRANTOR is the owner, in fee, of the following described real property, hereinafter referred to as the
PROPERTY:
Tract 1 of Certificate of Survey No. 6921 of record in the Office of Clerk and Recorder,
Flathead County, Montana and situated in the SY2 of the SY2 of Section 7, Township 28
North, Range 21 West, PMM, Flathead Montana
For value received, the sufficiency of which is hereby acknowledged, the GRANTOR does hereby grant
to the GRANTEE, a nonexclusive public way easement and right of way for access across a 60 foot wide
access point maintained at the intersection of First Ave WN at the northern boundary of the PROPERTY
and a 60 foot wide access point maintained at the intersection of First Ave W at the southern boundary of
the PROPERTY, which locations are depicted on Exhibit A attached hereto. The GRANTOR shall
further enter into a negotiated temporary construction easement with GRANTEE for the area of
intersection at each of the access points described above. By GRANTEE'S acceptance of this Easement,
GRANTEE agrees to maintain the access points in a good and workmanlike manner at all times. All
costs in connection therewith shall be paid by GRANTEE with no harm or costs to GRANTOR. Nothing
with this PUBLIC WAY EASEMENT shall negatively harm GRANTOR or its properties.
The GRANTOR covenants and agrees that the Public Way Easement may be utilized by any person or the
general public for ingress and egress to other real property, and for the purpose of general public
vehicular and pedestrian use and access, and for all fire, police and other emergency use in, along, upon
and across said premises, and any easement utilized by GRANTEE or any affiliates on GRANTOR's
property shall in no way be used for commercial purposes. The vehicular and pedestrian traffic areas
within the Public Way Easement shall be kept free of obstructions.
By GRANTEE'S acceptance of this Easement, GRANTEE agrees to indemnify and save harmless
GRANTOR, its heirs, successors, and assigns, and each of them, from any and all damages, liability, and
expense (includingweasonable attorney fees) resulting from any claims, demands, actions, liabilities,
damages, and/or causes of action of any kind for injury to persons or property, including death, not
otherwise caused by the intentional, reckless or negligent acts or omissions of GRANTOR, arising out of
the exercise of any of the rights granted herein. �1
Page 1 of 4 �
The location of this Easement may be relocated upon the mutual agreement of both GRANTOR and
GRANTEE.
Neither this Easement nor any rights granted herein shall be assigned by GRANTEE without first
obtaining the written consent of GRANTOR.
GRANTOR: WSPGB MALL L.L.C., a Utah limited liability company
WOODBURY STRATEGIC PARTNERS FUND, L.P., a Delaware limited
partnership, Its Manager
By: WSP TRUFFLES L.L.C., a Delaware limited liability company, Its
General Partner
By: WOODBURY STRATEGIC PARTNERS MANAGEMENT
L.L.C., a Utah limited liability company, Its Manager
STATE OF UTAH
ss.
COUNTY OF SALT LAKE
By: WOODBURY CORPORATION, a Utah corporation, Its
V
12
ACKNOWLEDGMENTS
On the Jg day of 46 2021, before me personally appeared O.
RANDALL WOODBURY, to me personally known, who being by me duly sworn did say that he is the President of
WOODBURY CORPORATION, a Utah corporation, known to be the Authorized Representative of WOODBURY
STRATEGIC PARTNERS MANAGEMENT L.L.C., a Utah limited liability company, Manager of WSP
TRUFFLES L.L.C., a Delaware limited liability company, General Partner of WOODBURY STRATEGIC
PARTNERS FUND, L.P., a Delaware limited partnership, Manager of WSPGB MALL L.L.C., the company that
executed the within instrument, known to me to be the person who executed the within instrument on behalf of said
company therein named, and acknowledged to me that such company executed the within instrument pursuant to its
Operating Agreement.
TIFFANY M. STEELE
NOTARY PUBLIC -STATE OF UTAH
My Comm. Exp 03/09/2022 O 6 Pu Ic
Comm:;sion # G98943
STATE OF UTAH
ss.
COUNTY OF SALT LAKE
On the �'7 day o2021, before me personally appeared
to me personally known, who being by me duly sworn did say
that he is the ']� o WOODBURY CORPORATION, a Utah corporation, known to
be the Authorized Rep
resen ative of WOODB�IR STRATEGIC PARTNERS MANAGEMENT L.L.C., a Utah
limited liability company, Manager of WSP TRUFFLES L.L.C., a Delaware limited liability company, General
Partner of WOODBURY STRATEGIC PARTNERS FUND, L.P., a Delaware limited partnership, Manager of
WSPGB MALL L.L.C., the company that executed the within instrument, known to me to be the person who
executed the within instrument on behalf of said company therein named, and acknowledged to me that such
company executed the within instrument pursuant to its Operating Agreement.
r
TIFFANY M. STEELE o Pu is
"x NOTARY PUBLIC -STATE OF UTAH
z My Comm. Exp 03/09/2022
Commission # 698943
EXHIBIT A
Depiction of the Access Easement Locations on following pages
EXHIBIT A-1
PUBLIC ACCESS EASEMENT
LAND OWNERS: WSPGB Mall LLC
Easement 1:
A strip of land 1 foot wide for a Public Access Easement over and across Tract 1 of Certificate of Survey No. 6921,
located in Sec. 7, T. 28 N., R. 21 W.. P.M. Montana, Flathead County, City of Kalispell being more particularly
described as follows:
COMMENCING from the NE Comer of Said Tract 1, Thence S 79*3635" W, 309.71 feet along the North line of
Tract 1 to the Point of Beginning; Thence S 10*23'25" E, 1.00 feet; Thence S 79°36'35" W, 60.00 feet; Thence N
10°23'25" W, 1.00 feet to North line of Said Tract 1; Thence N 79°36'35" E, 60.00 feet along North line of Tract 1 to
the Point of Beginning. Said easement contains 60 square feet more or less and is subject to all existing easements
and documents of record.
Easement 2:
A strip of land 1 foot wide for a Public Access Easement over and across Tract 1 of Certificate of Survey No. 6921,
located in Sec. 7, T. 28 N., R. 21 W., P.M. Montana, Flathead County, City of Kalispell being more particularly
described as follows:
COMMENCING from the SE Corner of Said Tract 1, Thence S 79°36'35" W, 309.71 feet along the South line of Said
Tract 1 to the Point of Beginning; Thence continuing S 79°36'35" W, 60.00 feet along South line of Tract 1; Thence N
10'23'25" W, 1.00 feet; Thence N 79°36'35" E, 60.00 feet; Thence S 10°23'25" W, 1.00 feet to the Point of
Beginning. Said easement contains 60 square feet more or less and is subject to all existing easements and
documents of record
P.O.B. EASE 1
N 79°36'35" E, 309.71'
TONE COR.
r
SEE DETAIL 1 SHEET
N
A-2
w
a
m
a
CD
7-
CD
NE COR. Z
CDZ
Z
TRACT 1
�
Z
_
TRACT 1
COS NO 6921
P.O.B. EASE 2
SE COR.
TRACT 1
N 79°36'35" E.
309.71' TO SE CDR.
SEE DETAIL 2
O
SHEET A-2
BASIS OF BEARING:
BEARING AND COORDINATES SHOWN
STATE PLANE COORDINATES SYSTEM,
NORTH AMERICAN DATUM OF 1983,
N �
a y
CD
ow c
�4—
CD ik
ik 1W 0 iso ]oo
HEREON ARE RELATIVE TO THE MONTANA
ZONE 2500, AND BASED UPON THE
ADJUSTMENT OF 2011 (NAD83-2011)
THE CONVERGENCE OF GRID BEARING TO GEODETIC BEARING IS—3'31'16"
ALL MEASURED DISTANCES ARE INTERNATIONAL GROUND FEET. USE THE
AVERAGE COMBINATION SCALE FACTOR ON THIS PROJECT OF 1.000531045
TO CONVERT GRID TO GROUND. (EX. (GRID INTERNATIONAL
FT/0.9994692369=INTERNATIONAL GROUND FT)
LEGEND
Qo Calc'd Position Nothing Found or Set
P.O.B. POINT OF BEGINNING
SC_,_ FUT
gK% L
oul,
EXHIBIT A-1
PUBLIC ACCESS EASEMENT
LAND OWNERS: WSPGB Mall LLC
DETAIL 1
I
�O CD
79'36' 5" E, 09E1�
Block 26
IA2
Z
TONE COR
SEE DETAIL 1 SHEET
I
Block 27
N79'3635'E
60.w
S10'232SE
1.00'
N10'2325'W
1.w
Sew
TRACT 1
L-----------
60'0°'
--COS
No6921 —
II
DETAIL 2
TRACT I---- N79—JS'J5"E---------
COS No 6921 60.W S10'232FE
1.W
6
P.O.B. EASE 2
N10'2325'W N 79'36'35" W,
1 S79'36'35w 309.71' TO SE COR.
60.W SEE DETAIL 2
SHEET A-2
I I
W CENT ST
I
5V
I I
I I
I I
Block 35
I I
O R
I � I
Block 34 S CD
BASIS OF BEARING: 0 °
SCALE FEET
BEARING AND COORDINATES SHOWN HEREON ARE RELATIVE TO THE MONTANA
STATE PLANE COORDINATES SYSTEM, ZONE 2500, AND BASED UPON THE
NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 2011 (NAD83-2011)
THE CONVERGENCE OF GRID BEARING TO GEODETIC BEARING IS—3'31'16"
ALL MEASURED DISTANCES ARE INTERNATIONAL GROUND FEET. USE THE
AVERAGE COMBINATION SCALE FACTOR ON THIS PROJECT OF 1.000531045
TO CONVERT GRID TO GROUND. (EX. (GRID INTERNATIONAL
FT/0.9994692369=INTERNATIONAL GROUND FT)
LEGEND QO Cale'd Position Nothing Found or Set I
P.O.B. POINT OF BEGINNING <C�KL
raven oy IsumeyedApproved By Project No parr
J. Stefanik D. Wagner D. Wagner 1 1824-01074 12l7/2020
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