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Release of EasementCT 10444 Citizens Title RELEASE OF EASEMENT A RELEASE is hereby granted on the day of June, 1985, by the City of Kalispell, a municipal corporation, Kalispell, Flathead County, Montana, (herein- after OWNER) to Gateway West Shopping Center Associates, a Utah Limited Partner- ship, Sky River Enterprises, a Montana Corporation, and Anderson Theater Company, a Montana Corporation (hereinafter GRANTEE). ON THE 18th day of January, 1984, the GRANTEE granted to the OWNER an Underground Easement, Recorded at Document No. 84122 11300, Records of Flathead County, Montana, for the construction, alteration, improvement, operation, mainten- ance and repair of an underground water main and sewer line upon certain premises owned by the GRANTEE, a copy of said Underground Easement is attached hereto as Exhibit "1" and for purposes of this RELEASE made a part hereof. On the 18th day of January, 1984, the GRANTEE granted to the OWNER an Underground Easement, Recorded at Document No. 85059 14200, Records of Flathead County, Montana for the construction, alteration, improvement, operation, mainten- ance and repair of an underground water main and sewer line upon certain premises owned by the GRANTEE, a copy of said Underground Easement is attached hereto as Exhibit 112" and for purposes of this RELEASE made a part hereof. For and in consideration of the payment of the sum of one dollar and other valuable consideration ($1.00 & ovc), the receipt whereof is hereby acknowledged, the OWNERS hereby releases to the GRANTEE said easements as granted, only, within the boundaries of the following described real property: That portion of Lot 1 of the Amended Plat of a Portion of Gateway West Addition No. 34, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, described as follows: Commencing at the Northeast corner of the Northwest Quarter of the Southeast Quarter (NW4SE4) of Section 12, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana; thence along the East line of the Northwest Quarter of the Southeast Quarter (NW4SE41) South 0138131" West a distance of 537.58 feet to the Point of Beginning; thence continuing along the East line of the Northwest Quarter of the Southeast Quarter (NW,' -,,SE,'', ) South 0038'31" West a distance of 354.96 feet to a point; thence North 89121'29" West a distance of 350.00 feet to a point; thence North 0°38'31" East a distance of 355.55 feet to a point; thence South 89115'41" East a distance of 350.00 feet to the point of beginning. Shown as Parcel B of Certificate of Survey No. 8057. A copy of the Crop Hail Office Building, As -Built Survey and Utility As -Built, showing the Easements herein released is attached hereto as Exhibit "A" and for purposes of this RELEASE made a part hereof. IN WITNESS WHEREOF, the OWNER, by order of its' City Council, has caused its' corporate name to be hereunto subscribed by its' Mayor, attested to by its' Clerk -Treasurer and its' Corporate Seal attached, on the date first hereinabove written. CITY OF KALISPELL %2 eR- ,/E. McDowell, Ma ATTEST: Don Halver, City Clerk -Treasurer On this ��=_4ay of �1985, before me, a Notary Public in and for the State of Montana, perso allcy appeared LeRoy E. McDowell and Don Halver, known to me to be the Mayor and City Clerk -Treasurer of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such Mayor and City Clerk respectively subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposes therein setforth, and that they were duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public for the State of Montana Residing at Kalispell, Montana My Commission Expires U'a44 c. e"'um, '11&naY'et 'Wax zvo 685 Y'"ma ° ord6d �fal�aj,�ll, �lla�alana 59901 (406) 257. 9411 r August 6, 1985 Glen Meier Drawer 1997 Kalispell, Mt. 59901 RE: Crop Hail Building.- easement CT 10444 Glen: Attached is the Release of Easement for the Crop Hail Building. Per Brian Cloutier the new easement has been passed and the City has agreed to release the old easement. Please have the attached Release of Easement signed and returned to us for recording as soon as possible. If you have any questions please let me know. Sincerely, Charles E. Vernon President CEV/ep enc. LeRoy E. McDowell // Drawer 1997 Mayor a - Zir 59903-1997 Telephone (4o6) 755-5457 THE CITY OF K A L I S P E L L, M O N T A N A August 22, 1985 Citizen's Title and Escrow Co., Inc. Box 1310 685 Sunset Boulevard Kalispell, Montana 59901 Re: Crop Hail Building Easement Dear Chuck: Enclosed please find the signed original of the Release of Underground Easement for the Crop Hail Building. This Release of Easement should be recorded with copies of the following documents attached as Exhibits: 1) Underground Easement, Doc. No. 84122 11300, Records of Flathead County, Exhibit 111". 2) Underground Easement, Doc. No. 85059 14200, Records of Flathead County, Exhibit 112" 3) Crop Hail Office Building, As -Built Survey & Utility As -Built, prepared by Marquardt Surveying, Dated July 17, 1985, Exhibit "A". Without the above documents a proper tracking of the various easements and release will be difficult. Thank you for your attention to this matter. Sincerely, Glen Neier City Attor ey GN/fw Enc. "Vacation City"