Resolution 6202 - Easement Sale - 375 College AveRESOLUTION NO. 6202
A RESOLUTION APPROVING THE SALE OF AN EASEMENT ON CITY OWNED
PROPERTY IN HERITAGE PARK IN ORDER TO ALLOW THE DEVELOPMENT OF
A LAND -LOCKED PARCEL OF LAND LOCATED AT 375 COLLEGE AVENUE.
WHEREAS, the City of Kalispell owns Heritage Park, which is adjacent to 375 College Avenue,
a property recently purchased by Jeremy Peterson; and
WHEREAS, wishing to develop the property, Peterson met with city staff regarding his lack of
access to the property, which does not have any legal connection to College
Avenue; and
WHEREAS, a non-exclusive access and utility service easement through a portion of Heritage
Park would provide the appropriate connection to allow the property to develop;
and
WHEREAS, an appraisal established the value of the property at $32,000; and
WHEREAS, Peterson has agreed to purchase a non-exclusive access and utility easement, as
illustrated on Exhibit A attached hereto, for $32,000; and
WHEREAS, the City Council finds that the city will receive fair market compensation for the
easement in the proposed real estate transaction and that it is in the best interests of
the city to enter into such agreement.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized, on behalf of the city, to enter into
an easement agreement, attached hereto as Exhibit B, to affect the real estate
transaction described in the recitals above and as illustrated on Exhibit A.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 17TH DAY OF JUNE, 2024.
ATTEST;
+Aee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
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EXHIBIT A
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EXHIBIT B
When recorded return to:
Brian Joos, Esq.
Gersh, Simpson & Joos, PUP
121 Wisconsin Avenue
Whitefish, MT 59937
INGRESS, EGRESS, AND UTILITY EASEMENT
T111S EASEMENT is granted by the City of Kalispell, referred to as "Grantor;" and is
granted to Jeremy Peterson, hereinafter referred to as "Grantee."
WITNESSETH
WHEREAS, Grantor is the owner of record of the real property situated in Flathead
County, Montana more particularly described as follows:
Parcel A:
A trart of larrl in tha NEhizisz of sectioc v, Taznship 28 Korth, RznVe 21
v3cst, mrx., Flathead bcKmty, �tntzna, da-saritym:1
nzjinning at n rcdnt'cn the- Easterly line of 1Ktcd1nrrJ Avanue, FInthoad COUSL-
Mntma, which -point is South 310 D31 Faut of 95.7
Lzat from the mrst southerly corner or "A" of Ralispell
To,4mite awg=y's tanLinn 140. 2 to ralispo-1.1, tt=tana; tbwce
fr= this point of beginning;-eue
rzzt a distance Of 232.3 feet; twj= dut-
North a distance of 92.2 feet; U==
East a distw= of 84-3 -feet; ther= due
South a distance"of IBO featj thcr= &)P-
Vost a Idistanom of 240 feet, m=z or lazz to the Basterly Une of saW
Wooaland nvence; ews= a1mg Uve- EasLearly line *r- said 40,odland
AvenLa
North 310 030 Wast a aisbance of 223.85 fee� =re or to Uva Point
of
Excepting therefrom Public Rands and Rights Of WaY and all Eazements
of record.
Parcel B:
BugirmiM at� the vost southerlYcornar of said Block 'A"; thence along the,
*Fzsterly bomulary of $Zid uloc),- "e
�brth 211 31' Irksh a distwaa of 255.9 feet; thence
North 40* 571 East: a distance of"26 feet,- thence
South 50* 301 East a dlzbunod of 82.5 Zeet; thence
South 27" *40* Wast, rt distance of 10.6 feeb; thenca
South 32" 201 Eash a distance of 41.6 feet; thence
South 160 4S* East a distance of 178.8 reet; dienca due
Zast a'distance of M-7 feet; thence due
South a distance of 82.2 fact; thence, due
Voest a ilLstance of 232.3 feet: to the Easterly line of K=Ilwd Avame; thw=-
alav SU34 Easturly line
R3rth 310 031 West a distance of 95.7 feet rom or I= to the Place oE Begin
WI I EREAS, Grantee is the owner of record of the real property situated in Flathead
County, Montana more particularly described as follows:
Parcel B of Certificate of Survey No, 9379, located in the Southeast Quarter of the Southwest Quarter
of Section 8, and the Northeast Quarter of the Northwest Quarter of Section 17, Township 28 North,
Range 21 West, P,M.M., Flathead County, Montana.
NOW, THEREFORE', in consideration of $32,000.00 paid by Grantee to Grantor, which
the parties agree to be valuable and sufficient consideration, and the receipt of which is
hereby acknowledged, the Grantor hereby grants and conveys- to Grantee an easement
pursuant to and subject to the following terms:
I Grantee shall have a non-exclusive easement for ingress, egress, and utilities over
and across that area of Grantor's above -described property, approximately 102.48
feet by 20 feet in size, as labeled "New Access & Utility Easement" on Exhibit A
attached hereto.
2. The easement granted herein is intended to serve the Grantee's property described
above as used to the fullest extent permitted under the terms of City of Kalispell
and/or Flathead County zoning applicable to the Grantee's property.
3. The easement granted herein is for the benefit of Parcel B of COS 9379 only.
4. Any improvements in the easement area must be constructed and maintained to
City of Kalispell standards.
5. The easement area may not be gated or otherwise obstructed.
6. All of the real property described above shall be held, sold, and conveyed subject
to the terms of this Ingress, Egress, and Utility Easement, which shall run with
said real property and be binding on all parties having any right, title or interest
al
therein or in any part thereof, as well as their respective heirs, personal
representatives, Successors and assigns, and shall inure to the benefit of and
burden of each owner thereof.
In the event of a dispute arising under this Ingress, Egress, and Utility Easement,
the prevailing party shall have the right to collect from the other party
his/her/its/their costs and attorney's fees incurred in enforcing this Ingress, Egress,
and Utility Easement. The proper venue for any such dispute shall be Flathead
County, Montana, and the governing laws shall be those of the State of Montana.
This Ingress, Egress, and Utility Easement may be modified or terminated only by
a writing signed by both Grantor and Grantee, or their heirs, successors, or assigns
as the case may be.
Grantors are not responsible for any easement maintenance or improvements for
the road governed by this Ingress, Egress, and Utility Easement.
[SIGNATURE PAGES TO FOLLOW]
GRANTOR:
CITY OF KALISPELL
By:
As Its:
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2024 by _ _._, as
of the City of Kalispell.
Printed Name:
Notary Public for the State/Province of _
Residing at ___
GRANTEE:
Jeremy Peterson
STATE OF
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2024, by Jeremy Peterson.
Printed Name:
Notary Public for the State/Province of
Residing at