Right of Way Easement/DCP Kalispell - Lots 2 & 3 Old School Station201000011483
II�II�IIWIIIIIIIIIIII����III�I�IIII���I�I��III�IIIIII��IIIIIIIIIrIIIIIIIIIIIIIIIIIIIII��I Page: Fees: $44.00
5/19/2010 11:32 AM
Return to:
Paula Robinson, Flathead County MT by DD
City of Kalispell
P.O. Box 1997
Kalispell, MT 59901
RIGHT OF WAY EASEMENT TO CITY OF KALISPELL.
THIS AGREEMENT is made and entered into this IV, day of � iC 2010, by and
Between DCP KALISPELL, LLC, c/o Devron Property Services, Inc., with its address at 120
Derby Forest Ct, Roswell, GA, 30076 ("Grantor'), and THE CITY OF KALISPELL, a public body
of the State of Montana, with offices at P.O. Box 1997, Kalispell, MT ("Grantee").
RECITALS
WHEREAS, Grantor is the owner of certain real property in Kalispell, Montana, more particularly
described as:
Lot 2A of the Amended Plat of Lots 2 & 3 of Old School Station, in Sec. 33,
T28N, R21W, M.P.M., Assessor's number 0501496, filed for record in the office
of the Clerk and Recorder of Flathead County, Montana; and
WHEREAS, an existing water supply utility exists on the property, which is more particularly
depicted on Exhibit A, attached hereto and by this reference incorporated herein.
NOW, THEREFORE, it is agreed as follows:
I . Grant of Easement. In return for good and valuable consideration as agreed by the
01 parties, Grantor hereby grants to Grantee an easement being seven feet, six inches
(7' 6") on all sides of the existing water supply utilities, as depicted on Exhibit A.
0 2. Duration. The Easement is granted in perpetuity and shall run with the land so as to
`n be forever binding upon the parties hereto and their respective heirs, personal
t1' representatives, administrator, successors and assigns.
3. Rights Conveyed. The following rights and no others are conveyed by this
Easement:
a. Grantee shall have the right to enter onto Grantor's property for the purpose
of accessing, maintaining, and utilizing the Easement and the Utilities
thereon.
b. Grantee shall have the right to conduct improvements to the easement and
utilities thereon as may be necessary.
4. Limitations. The following limitations are placed upon the parties:
a. -Grantor agrees to refrain from any activities that may damage or harm any
utilities, structures, fixtures, or equipment in the property encumbered by the
Easement.
b. Grantor agrees to reasonably maintain the surface and grounds within the
Easement.
1/3
IIIIIIII II II I III IIIII IIIII IIIIIIIIII IIIII IIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII INPage:2010
2 of 4 83
Paula Robinson, Flathead CountyMT b DD Fees: $44.00
Y 5/19/2010 11:32 AM
c. Grantee agrees to reasonably maintain the utilities contained within the
easement and refrain from any activity thereon that may unreasonably
interfere with Grantor's use of its property not encumbered by the Easement.
5. Grantor's Representations. Notwithstanding the Easement granted herein is
without warranty, Grantor represents that he is the current owner in fee title to the
Property, and that he has full legal authority to grant this Easement to Grantee free
of liability for any lien or encumbrance previously placed thereon by Grantor.
6. Enforcement. This Agreement may be enforced by any means or remedy available
at law or in equity.
7. Acceptance. By its signature set forth herein below, Grantee hereby accepts the
foregoing grant of this Easement subject to the terms and conditions herein
contained.
8. Binding Effect. This Agreement extends to and is binding upon the parties and their
respective heirs, personal representatives, successors and assigns.
DATED this %, day of 2010.
GRANTOR, DCP KALISPELL, LLC
By:
Managing Member
GRANTEE:
City of Kalispell
Jan , Howington, City Manager
ACKNOWLEDGMENTS
STATE OF MONTANA )
) ss.
County of Flathead )
This instrument was acknowledged before me on the ),;2411 day of
2010, by �� ���C �` 3 Managing Member of Grantor DCP
Kalispell, LLC.
2/3
(III I I�' �I II� (I'lll II I I III'II I'II'� 483
Page:3 of
Page: 3 of 4
Fees:$44.00
Paula Robinson, Flathead County MT by DID 5/19/2010 11:32 AM
Notary Public for the State of Montana
Printed Name: T° �' Qj-e-
BARBARA SCHWARZ
scti Residing at: - t r �r ,Montana
NOTARY PUBLIC for the
State of Montana My Commission Expires: '4 `v. C" 2013.
SEAL Residing at Kalispell, MT
�4 My Commission Expires `
C November 8, 2013
STATE OF MONTANA )
) ss.
County of Flathead )
This instrument was acknowledged before me on the '1'1 k v-v-day of V-''\O—Jj
�
2010, by Jane Howington, City Manager for Grantee City of Kalispell.
Notary Public for the State of Montana
Printed Name. ti t ,n
Residing at:V. ,> f Montana
My Commission Expires: 20
,'• t o
°d P s �
dfBBttSl4�b®
3/3
lIIIIIIIlIIlIIIIIIIIlIIIiIlIIIIIIllllllllllllllllllllllllllll 1IIII111I11! 1I111 IN Page: 4 of 4 83
Fees:$44.00
Paula Robinson, Flathead County MT by DD 5/19/2010 11:32 AM