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01/06/25 Relinquishment & Abandonment of EasementUpon recording, please return to: Jeff Claridge Vice President, Stillwater Corporation P.O. Box'7338 Kalispell, MT 59903-0338 RELINQUISHMENT AND ABANDONMENT OF EASEMENT THIS RELINQUISHMENT AND ABANDONMENT OF EASEMENT (this "Relinquishment") is made and delivered effective`:5e-\"t0C�.�i �2 , 20 4`` by the City of Kalispell. Ij C K • I INM A. On July 31, 2017, Stillwater Corporation granted to the City of Kalispell those certain public perpetual utility and access easements designated as Easements 1-7, more particularly described within Document No. 201700019376, records of Flathead County, Montana. Document No. 201700019376 was recorded August 10, 2017. B. Easement No. 6, described within Doc. No. 201700019376, is an access, drainage and grading easement located on property held by Stillwater Corporation, more particularly described as Tract 1 of Certificate of Survey 6643, recorded in the records of the Clerk and Recorder of Flathead County, Montana. As part of the continuing development of Kalispell North Town Center Subdivision, Stillwater Corporation relocated the access and drainage functions formerly provided by Easement No. 6 to an adjacent public right of way. C. Based on the Stillwater Corporation's relocation of the access and drainage functions formerly provided by provided by Easement No. 6, the City of Kalispell is willing to relinquish and abandon Easement No. 6. IN ACCORDANCE WITH THE FOREGOING, WHICH CONSTITUTES VALUABLE CONSIDERATION, IT IS HEREBY AGREED: 1. Relinquishment and Abandonment of Easement. The City of Kalispell hereby relinquishes, abandons, releases and quitclaims unto Stillwater Corporation any and all right, title and interest in and to Easement No. 6, more particularly described as follows: An access, drainage and grading easement located on a portion of Tract 1 of Certificate of Survey No. 6643, recorded in the office of the Clerk and Recorder of Flathead County, Montana, located in the northwest corner of Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows: Commencing at the west corner of said Section 30, thence along the mid- section line of said Section 30, 1338.90 feet to the center -west sixteenth corner of said Section 30, thence N00°23'35"W, 31.92 feet; thence N89036'32"E, 70.18 feet to the POINT OF BEGINNING; thence N00°23'28"W, 15.00 feet; thence N89°36'32"Em 125,69 feet; thence N16°37'38"E, 23.32 feet; thence N00°28'33"W, 159.49 feet; thence N10028'12"E, 824.68 feet; thence N13°21'20", 191.72 feet; thence NORTH, 101.45 feet; thence EAST, 202.31 feet; thence SOUTH, 149.05 feet; thence S13°21'35"W, 1060.98 feet; thence S25°48' 18" W, 126.34 feet; thence S89°36'32"W, 227.25 feet to the POINT OF BEGINNING, containing 5.631 acres. All according to the Subdivision Plat of Kalispell North Town Center — Phase 1, filed as Document No. 201700019375. 2. Effect of Relinquishment and Abandonment. This Relinquishment and Abandonment shall be deemed an absolute and complete relinquishment and abandonment of any easements or potential claims of easements by the City of Kalispell over the lands described as Easement No. 6 within Document. No. 201700019376, records of Flathead County, Montana. 3. Binding Effect. This Relinquishment and Abandonment shall bind and inure to the benefit of Stillwater Corporation and the respective heirs, personal representatives, successors and assigns of Stillwater Corporation, and all current and future owners of the lands described as Easement No. 6 within Document No. 201700019376, records of Flathead County, Montana. IN WITNESS WHEREOF, the authorized representatives of the City of Kalispell have executed this Relinquishment and Abandonment of Easement as of the dates of their signatures as set forth below. (Rest of this page intentionally left blank) 2 e�astsKA 3da��� ♦` -PO SEAL CITY m" CITY OF KALISPELL =1892 By: Doug ussell, ity Manager Attest: City &Ierk STATE OF MONTANA ) ): SS. County of Flathead ) This instrument was executed before me on �1, 202A by Doug Russell and Aimee Brunckhorst, known to me to be the City Manager arld City Clerk, respectively, of the City of Kalispell, Montana, whose names are subscribed to the foregoing instrument in such capacity and acknowledged to me that they executed the same on behalf of the City of Kalispell, Montana. Witness my hand and seal the day and year hereinabove written. JUDI A FUNK^_ �VOkFUN1 WAft- NOTARY PUBLIC for the *: * STATE OF MONTANA Notary Public for the State of Montana NASEALi� r Residing in Kalispell, Montana �oFMo:� M Commission Expires Y p• February 25, 2028