Accessible Space EasementII�IIIII) I IIIIIIII�IIIIIIII��II��III�II (I�I�I�IIIIIIIIIII� I) IIII IIIIII1IIN Page: 3145
Fees $33.00
Paula Robinson, Flathead County MT by NC 8/20/2010 8:59 AM
RETURN TO:
EASEMENT FOR UNDERGROUND UTILITIES AND PEDESTRIAN PATHWAY
ACCESSIBLE SPACE, INC. ("Grantor") for the sum of One Dollar ($1.00) and other
good and valuable consideration, receipt of which is hereby acknowledged, hereby grants,
bargains, sells and conveys to THE CITY OF KALISPELL, a municipal corporation, County
of Flathead, State of Montana ("Grantee") easements in portions of Parcel `A' of Corrected
Certificate of Survey No. 13066, (filed for record in the office of the Clerk and Recorder of
Flathead County, Montana) for underground utilities and a pedestrian pathway as shown on
Exhibit "A" attached hereto and more particularly described thereon (the "Easement Areas").
Uses
The Grantee hereof shall use such easements solely for the purpose of installation,
t maintenance and passage of underground utilities and pedestrian walkways in said land. Except
as herein granted, the Grantor, its successors and assigns, shall continue to have the full use and
enjoyment of the property.
Maintenance
Grantee shall have the responsibility for maintaining such utilities and pedestrian
walkways and may enter the Easement Areas at all reasonable times upon the giving of at least
one day's notice of such ordinary or routine maintenance to Grantor. In the event of emergency,
Grantee may immediately go on said easement premises to minimize damages as much as
possible. Grantor shall not cause any damage to the improvements within the Easement Areas
due to its ordinary operations.
Hold Harmless
Grantee shall bear full responsibility for its use and enjoyment of the property and shall
hold Grantor harmless from any claim of damages to persons, property or premises resulting
from or caused by the construction, reconstruction, maintenance, or use of such easement
premises attributable to Grantee.
Binding Upon Successors
These easements shall be non-exclusive, run in perpetuity, and be binding upon the
successors, heirs and assigns of the parties.
I�II�III II II I II� IIIII I�I�I IIIII IIIII IIIII IIIII IIII IIIII IIII IIIIIIIII IIII II I II� IIII IIII Fpage: 2 of 3
ees: $33 0045
Paula Robinson, Flathead County MT by NC
8/20/2010 8:59 AM
Easement to Benefit
This easement shall be granted for the benefit of THE CITY OF KALISPELL, its
successors and assigns.
IN WITNESS WHEREOF, the Grantor has executed this Easement for Underground
Utilities and Pedestrian Pathway purposes on this i day of V• , 2010
ACCESSIBLE SPACE, INC.
By: Stephen VanAfSchaaf
Its: President/CEO
STATE OF MINNESOTA )
)SS
COUNTY OF RAMSEY )
On this day of , 2010, before me, a notary public in and for said State,
personally appeared Stephen Vander Schaaf, known to me to be the person whose name
subscribed to the within instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand the day and year in this certificate above
"\DANIELLE LYNN HERRERA-V'ARIfl ALD
NOTARY PUBLIC
MINNESOTA
My Commission Expires Jan. 31, 2011
CITY OF KALISPELL
rts
� jj /"/� /_/ ��-ten)✓ V'✓/�\y-� �`...""�u.
STATE OF MONTANA )
)SS
COUNTY OF FLATHEAD )
Public
On this 1-4?- day ofw%�" , 2010, before me, a notary public in and for said State,
personally appeared C-®� , known to me to be the person whose name
subscribed to top, .within instrument, and acknowledged to me that (s)he executed the same.
have hereunto set my hand the day and year in this certificate above
5W 7,:!
Notary Public �ki4 LI S 12,!!�Zer 144 7-
pJ;
IIII IIII I II I II IIIIIIII III III IIII IIIIIIIIIII III I II II IIII II III I I III III III Page: 3 of 3145
Fees: $33.00
Paula Robinson, Flathead County MT by NC 8/20/2010 8:59 AM
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