Public Street and Access Easement/Hutton RanchFA
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Recording requested by and
When recorded return to:
Keith Belden
Morrison MaierIe, Inc.
3011 Palmer Street
Missoula, MT 59808
?AULA 110B20150N P AiHEAD COUit V N1aitCiANA
PUBLIC STREET AND ACCESS EASEMENT
This Public Street and Access Easement Agreement is entered into this 6 .Day of Sep 2006, by
and between Hutton Ranch Plaza. Associates, LLC, a Delaware Limited Liability Company
("Grantor") and the City of Kalispell, a Municipal Corporation of the State of Montana ("Grantee),
for the purpose of granting to Grantee a perpetual Public Street and Access Easement in and across
certain parcels of real property owned by Grantdr in the City of Kalispell, Flathead County,
Montana, as more particularly described in this Agreement.
On or about May 2, 2006, Grantor caused to be recorded with the Clerk and Recorder of Flathead
County, Montana, a final Subdivision Plat of Hutton Ranch Plaza. Phase 1, Instrument Record No.
200612216300 ("Phase 1 Final Plat" }.
Pursuant to the terms of the Phase 1 Final Plat, a Public Road ,Right of Way was permanently
established with the intention that it be dedicated to Grantee upon completion of the Public
Improvements by Grantor ("Initial Right of Way", also sometimes referred to as "Hutton Ranch
Road").
It has been determined and agreed that it is in the best interests of the Grantor, the Grantee and the
Public that an easement over additional land adjacent to the Initial Right of Way be granted by
Grantor to Grantee, to allow for the immediate widening of Hutton Ranch Road beginning at the
intersection of Hutton Ranch Road and US Highway 93 and continuing east approximately 200 feet
to the fast driveway in the Subdivision, as shown on Exhibit "A" (pages 1 and 2) attached hereto
and incorporated herein by this reference, as well as the eventual widening of the Initial Right of
Way east to the end of the Subdivision as shown on Exhibit "A".
Now Therefore, in consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, receipt of which is hereby acknowledged by Grantor, it is bereby agreed as follows:
The Property The property which is the subject of, and burdened by the Public Street and
Access Easement granted pursuant to this Agreement, is located in Flathead County,
Montana, Section 31, T29N, R21E, P.M.M., more particularly described as Lots 9, 10, 11,
13, 14, 15, 18 of Hutton Ranch Plaza Subdivision Phase 1, located in the West 1/3 of Section
31, Township 29 North, Range 21 West, P.M.M., City of Kalispell, Flathead County,
Montana, and a portion of Tract IA of Certificate of Survey 17132, as shown on Exhibit
"A"
2. Grant of Easements. Grantor hereby grants to Grantee, its successors, permittees, licetasees,
and assigns and their agents and employees an easement to access and enter at all times
upon the strips of land described in the legal description attached hereto as Exhibit "B" and
incorporated herein by this reference, by using existing roads or trails or otherwise by a
route causing least damage and inconvenience to the Grantor and its successors and assigns,
for the purpose of surveying and establishing and maintaining the route and location of the
Public Street and Right of Way, widening improvements as well as to construct, operate,
repair, substitute, remove, enlarge, replace and maintain the street and appurtenant curbs,
gutters, sidewalks, landscaping, utilities and appurtenances thereto, all at Grantee's or its
assigns, sole cost and expense.
3. Further Obligations of Grantee. The Grantee further agrees that, in connection with the
construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing,
and maintaining of said public street improvements, it will repair or replace, at its sole
expense, or pay to Grantors the reasonable value of any damages to private property,
landscaped areas whether public or private and other appurtenances of said land that may be
disturbed by its operation.
4. Conditions Precedent Grantee's Right to Construct Improvements. Prior to the exercise of
the rights of use granted pursuant to this Agreement, Grantee, or its Assigns, shall first make
a formal finding that a Warrant exists necessitating the widening of Hutton Ranch Road east
of the first driveway shown on Exhibit "A" to the limits of the easements granted by this
Agreement. Upon finding that such a Warrant exists, Grantee, or its Assigns, agrees to
conduct a Signal Warrant Study to determine if a Warrant exists to fully signalise Hutton
Ranch Road at the central intersection shown on Exhibit "A". In the event that the study
finds that any Warrant exists supporting the signalization of such intersection, then Grantee
or its assigns, at the time of widening of Hutton Ranch Road, and at its sole cost and
expense, agrees to install all required signal improvements, and to make any repairs to the
road and surrounding property, necessitated by the installation of the aforementioned signals.
The terms of this paragraph shall not apply to the easement granted for the widening of the
intersection of US Highway 93 and Hutton Ranch Road East to the first driveway in the
subdivision, as shown on Exhibit A.
5. Grantors Representations and Warranties. Grantor represents, promises and warrants that at
no time will it, or its successors or assigns build; construct, erect or maintain any permanent
structure on or within the boundaries of the Easement described in this Agreement without
the prior written consent of Grantee.
Grantor warrants that it is lawfully seized and possessed of the real Property described in the
Agreement, and that it has the lawful right to convey the property, or any part of it.
Grantor further represents and warrants that grantee may peaceably hold and enjoy the rights
and privileges granted in the Agreement without any interruption by Grantor provided that
Grantee and its Assigns conform to the terms of this agreement.
6. Binding Affect. The terms, covenants and provisions of this Agreement shall extend to and
be binding upon the heirs successors and assigns of the parties hereto.
2
7. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the State of Montana.
Dated: .5-er�i---_dam,
HUTTON RANCH PLAZA ASSOCIATES, LLC
& Associates, Inc., Manager
Jams. Patrick, City Manager
ATTEST:
STATE OF MOH-lana
COUNTY OF �,a-t: kaacl
:ss
This instrument was acknowledged before me on 5 5 , , 2006, by Philip Harris
as President of Philip Harris & Associates, Inc.
(SEAL)
Chris Owl
Nowy Pow for ths Ststo of Morimm
Nasidlnp at u1sp li. umftw
My Commission ExAbat IlAf 23, 2010
Notary public of the state of Nrr
Residing at Kak2js a it_,
My commission expires: _ MON Z8, 2ato
STATE OF
COUNTY OF /=/��-�� :ss
This instrument was acknowledged before me on , .� 2006, by James H.
Patrick as City Manager of the CITY OF KALISPELL, a municipal corporation.
.0VI TIff,Ir
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the State may request the United States to enter into such, litigation to protect the interests
of the United States.
B) COMIPLL4NCE WITH TAE MONTj*kNA GOVERNMENTAL CODE OF FAIR
PRACTICES, SEC. 49-3-"7, MCA
In accordance witli Section 49-3-207, MCA, the Party agrees that for this Agrccrneat ail hiring will be
made on the basis of merit and qualifications and that there will be no discrimination on the basis of race,
color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national
origin by the persons performing the Agreement.
C) COMPLIANCE WITH AMERICANS WITH DISABILMES ACT (ADA.)
(l) The Party vAll comply with all regulations relative to irMlementarion of the
AMERICANS WTM DISABI' ITIES ACT-
(2) The Marty will incorporate or conmm icate the intent of the following statement in. -all
publications, aamouncanxvis, video recordings. course offerings or other program
outputs: "The Party will provide reasonable accommodations for any known
disability That may interfere with n person in participating in any service, programs
or activity offered by the Party. In the case of documents, recordings or verbal
presentations, alternative acce5o'ble formats will be provided. For further
information cap the Party."
(3) All video zecordings produced and created tenter contract and/or
agreement will be closed -captioned.
s COMPLIANCE t: . DISADVANTAGED
DEPARTMXNT OW TRANSA10IRTATION
PROGRAMS,"'
Each Agreement the Departrowt signs with a Party (and each subcontract the prune contractor
signs with a subcontractor) mist include the Foflowing assurance:
The Party, suhrcclplcnt or subcontractor shall not discriminate on the basis of race, color,
national origin, or s= in the performance of this contract. The , arty shall carry out
applicable reqnirements of 49 CPR Part 26 in the award artd administration of POT swiste d
contracts. Failure by the Party to carry out these regnirernents is a material breach of this
contract, wbifh may result in the termination of this contract or such other remedy as the
recipient deems appropriate
Attachment A
NON-DISCRIMINATION NOTICE
During the performance of this Agreemcm, the Developer (hereafter in this Section "`kite Party"), for
itself. its assignees and sa=cssm in interest, agrees as follows:
A) COMI'LLANCE MTrH TITLE VI OF OF •_
FEDERAL -AID CON1TRACTS
(1) chance with ittmMons: The Party sliadl comply with all Regulations relative to
nondiscrindnafan in F y-assisted program of the Depart=nt of Transportation,
49 Code of Federal Regulations (CFR), part 21, as they way be amended fter
referred to as the Regulations). which are incorporated by reference and trade a part of
thin Agreument, even ifonly stair funding is here i rvolved_
(2) Ndi' it ticm The Parry, with regard to the work pezfo by it during the
Agreer mum shall not discrimirmatc on the grounds of sex, race, color, or national origin in
the selection and mention of sabc=ftzcwrs, including pncummemt of materials and
)cases of equipment The Party shall not participate either dir=tiy or indireu dy in the
discrimination prohibited by 49 CFR Sec. 21.5.
(3) Solicitations for Subcontracts,of Materials and F--m t: In all
solicitations, whether by competitive bidding or negotiation by the Patty for work to be
performed ubder a subcontract, including procuxement of materials or lea= of
equipment, any potential subcontractor or supplier shall be notified by tite Party of the
Party's obligations wWtr this A nt and the Regulations relative to
nondiscrimination.
(4) T igga.iwn and = The Party will provide all ropoM and i0mnation required by
the Regulations, or directives issued piarsesnt dmcw, aW pormit access to its books,
records, accounts, other soureEs of Wbrination and its facilitics as may be detcrmined by
State or the Federal Mghway Administration (FHWA) to be pertinent to ascexWu
compliance with Regulations or directives. Where any irmfoanatio n required of the Party
is in the exclusive possession of another who fails or refuses to thmish this inrorration,
the Patty sbadl so certify to the A t or the FHWA as requested, setting forth what
efforts it has made to obtain the information.
(5) Sanctiorm for Nomcornplianlce: In tic event of the Party's nozmcorr fiance with the
nondiscrirt:iration provisions of this Agreement, State tsiay impose sanctions as it or the
FHWA dctermines appropriate, utctuding, but not limited to,
(a) Withdrolding payments to the Party murder the Agr==nt until the Party
ootrrynlies, and/or
(b) Cancellation, terrrnination or suspcasion of the Agrc cmatt, in whole or in part.
(6) huraration oEvid0 G: The Part wjll include the provisiow of pars (I)
through (6) in evrsy subcontract, including procuretrtevt of materials aW Ieases of
equip mcu% unless exempt by the Regulations or directives issued thereto. 'Me
Party will t dw such action with respect to any sobcon uact or procurernr_ut as the State or
the FHWA many ditrct to enforze such provisions including sanctions for noncompliance:
Provided, howcvcr, that in the event tht: Party is sued or is idsrestened with litigation by a
Subcontractor or supplicras a result of such direction, the Party may request the State to
enter into the litigation to protect the in=cszs of the State, and, in addition, the Party or
P.O.S. - POINT OF BEGINING
P-O.C- - POINT OF COMMENCEN
R.O.W. - RIGHT OF WAY
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BOUNDARY
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T29N R21W SEC
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T291q R22W SECTION 36
P.0.9. ' P.O.C.
GRAPHIC SCALE
I inch = MOM
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S86'18'04"E�
59.24' US HWY 93
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-- �u�z.Ic s�Er r►»n
UNE TABLE
LINE
LENGTH
BEARING
L1
71.77'
N0741'17"
L2
101.156
S86'17'58"E
L3
14.58
S60' '
L4
104.55
S86'18'041
L5
120.00
S80'33'43"E
L6
629.02
586'18'04"E
L7
66.50
SOVO4'44"W
L8
44.94
N86' 8'04"W
L9
8.50
S03'40'46"W
Lt0
581.76
Neer 18'0 "W
01
119.44
NB744'251W
L12
1 D6.74
86.18'O4'W
L13
100.44
NBV24'49 W
L14
18.44
N0343'23"E
CURVE TABLE '
CURVE
LENGTH
RADIUS
DELTA '
CHORD
LENGTH
CHORD
BEARING
C1
69.05
4.47.50
8'5028"
68.98
1' "W
C2
138.83
447.50
17'45'00"
138.08
N68' '00"+W
C3
155.60
349.92
YS' 8'41"
t54.32
C4
211.08
455.00
RF34
209.19
57 ' '4 "
C5
-112.35
365.00
1T38'10'
111.91
N68`8222"W
C5
55.08
319.81
9'52'06'
55.01
N81'40'27'W
11 - EX IT A I
MEUC STREET AND
_- - ACCESS EASEMENT
LEGAL DESCRIPTION
A parcel of land located in the West one-half of Section 31, Township 29 North, Range 21
West, P.M.M., Flathead County, Montana, being more particularly described as follows:
Commencing at the West one -quarter comer of Section 31. Township 29 North. Range 21
West, Principal Meridian Montana; thence along the North boundary of the South Va of said
section 31, S85'18'04"E a distance of 59.24 feet to the intersection of said North boundary
with the West boundaryof Hutton Ranch Plaza Phase I Subdivision, and the Point of
Beginning of the herein described tract; thence along said west boundary NO3'41'17"E a
distance of 71.77 feet, thence S86'1T58'E leaving sold west boundary a distance of 101.55
feet to the beginning of a 447.50 foot radius curve to the right concave southwesterly; thence
along said curve through a central angle of 08,5078" an are length of 69.05 feet; thence
continuing along said curve through a central angle of 17'45'00' an arc length of 138.63 feet;
thence S60'2920"E a distance of 14.58 fcjet, to the beginning of a 349.92 foot radius
non -tangential curve concave northeasterly having a radial bearing of N28e4627"E; thence
along said curve through a central angle of 25'2841" an arc length of 155.60 feet; thence
S86'18'04"E a distance of 104.55 feet; thence S80'33'43"E a distance of 120.00 feet; thence
S86' 1 W04"E a distance of 629.02 feet to the East boundary of Hutton Ranch Plaza Phase I
Subdivision; thence along said west boundary the following three courses: SO4'04'44'W a
distance of 66.50 feet, N66'18'04"W a distance of 44.94 feet, and S03'4U'46"W a distance of
8.50 feet; thence N86'18'04'W a distance of 581.76 feet; N874425'W a distance of 119.44
feet; NOV 18'04"W a •distance of 106.74 feet to the beginning of a 455.00 foot radius curve to
the right concave northeasterly, thence along said curve through a central angle of 26OW470
an arc length of 211.08 feet'to the beginning of a 365.00 foot radius reverse curve concave
southwesterly; thence along said curve through a central angle of 17'38'1W an arc length of
112,35 feet to the beginning of a 319.81 foot radius non -tangential curve concave
southwesterly having a radial gearing of S13'15'36'W: thence along said curve through a
central angle of 09"52'06` an are length of 55.08 feet; thence N86'2449"W a distance of _
100.44 feet to the West boundary of .said Hutton Ranch Plaza Phase I Subdivision: thence
along said west boundary NO3.4323"E a distance of 18.44 feet to the point of'beginning,
EXCEPTING THEREFROM the existing Hutton Ranch Road Right of Way as shown on the
final plat of Hutton Ranch Plaza Phase I Subdivision on Tile with the Flathead County Clerk
and Recorder. Montana on May 2. 2006, Instrument Record No. 20MI2216300;
Said easement, -shown as hatched on Exhibit A (pages 1 and 2) attached hereto'and made a
part hereof, contains 0.54 acres of land rnnre or less, subject to the conditions of this
easement and the Hutton Ranch Plaza Planned Unit Development on We with the City of
Kalispell, Montana.
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