EasementEASEMENT
This EASEMENT, granted this day of °® -c , 1994, by
and between Darrell R. Martin and James E. Chase, of Kalispell,
Montana, hereinafter called GRANTORS, and the City of Kalispell, a
municipal corporation, hereinafter called CITY,
W I T N E S S E T H:
That for and in consideration of the sum of One Dollar and
other valuable consideration ($1.00 & O`TC), hereinafter described,
the receipt and sufficiency whereof is hereby acknowledged, the
GRANTORS do hereby convey, grant, and give to the CITY a easement
upon, over, across and through the following described premises:
An easement located in the Southeast 1/4 of the Southeast
1/4 of Section 7, Township 28 North, Range 21 West,
Principal Meridian, Montana, Flathead County, Montana,
being more particularly described as follows:
Beginning at the intersection of the East Right -of -Way of
First Avenue East -North with the South Right -of -Way of
the 25' Burlington Northern Railroad easement, which is
recorded on Doc. No. 84-346-09500, Records of Flathead
County, and the POINT -OF -BEGINNING; thence following said
easement Right -of -Way along a non -tangent curve to the
left having a beginning radial bearing of N00°38'0811E, a
central angle of 00°55'05", a radius of 1872.50 feet and
an ending radial bearing of S00°16'5711E, an arc length of
30.00 feet; thence S00'16'57"E a distance of 9.00 feet;
thence N81'38'40"W a distance of 29.16 feet to the East
Right -of -Way of First Avenue East -North; thence
N13°49'3811W along said Right -of -Way, a distance of 5.00
feet to the POINT -OF -BEGINNING containing 0.005 acres,
more or less.
As consideration for this Easement the City agrees to locate,
install and construct, at its expense, within three (3) years of
the date of this Agreement, an approach servicing the property,
capable of allowing the passage of two automobiles, belonging to
the GRANTORS along First Avenue East at a point to be agreed upon
between the GRANTORS and GRANTEES in accordance with the City's
Standards for Design and Construction.
The easement herein granted is for the purpose of providing to
the CITY and the Burlington Northern Railroad and/or their
employees the right of egress and ingress for the purpose of
placing, removing and maintaining a rubberized signalized railroad
crossing upon and within said property adjacent to First Avenue
East in the City of Kalispell, Montana.
CHASE -MARTIN EASEMENT Page 1 of 3
This easement shall be perpetual so long as the CITY requires
the use of a rubberized signalized railroad crossing adjacent to
the GRANTORS' property. Should the Burlington Northern Railroad
ever abandon the line traversing the property this easement shall
cease and all rights and privileges herein granted shall revert to
the GRANTORS, their successors or assigns ,
IN WITNESS WHEREOF, the GRANTORS nd/GRANTEE have set their
hand on the day and year first above Writ en. Ik-,-\
DARRELL R. �iARTi�
JAMES E. CHASE
STATE OF MONTANA
) ss
County of Flathead )
On this day of , 1994, before me, the
undersigned, a Notary Public for the State of Montana, personally
appeared Darrell R. Martin and James E. Chase, known to me to be
the persons whose names are subscribed to the foregoing instrument,
and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year in this certificate first above
written.
t
Notary Public, S.tta p o:L Montana
Residing at %; a
My Commission Expires
r
CITY OF KALISPELL
By:
Its:
CHASE -MARTIN EASEMENT Page 2 of 3
Attest:
Finance Director
STATE OF MONTANA )
ss
County of Flathead )
On this day of , 1994, before me,
the undersigned, a Notary Public for the State of Montana,
personally appeared Bruce Williams and Amy H. Robertson, known to
me to be the City Manager and Finance Director of the City of
Kalispell, a municipality, that executed the within instrument, and
acknowledged that such City Manager and Finance Director
respectively subscribed, sealed and delivered said instrument as
the free and voluntary act of said municipality, for the uses and
purposes therein set forth, 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, State of Montana
Residing at Kalispell, Montana
My Commission Expires
CHASE -MARTIN EASEMENT Page 3 of 3