Right of Way Deed;F City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758
March 14, 2006
Mr. Norm Kuennen
Northwestern Land Office
Right of Way Specialist
Department of natural Resources
2250 Highway 93 North
Kalispell, MT 59901-2557
RE: Revised Right of Way Deed — Kalispell Fire Station
Dear Norm,
Enclosed please find the signed right of way deed from the State of Montana to the City
of Kalispell for our municipal fire station and satellite police workstation.
Thank you for your assistance.
Sincerely,
es H. Patrick
City Manager
Right of Way Application No. 13546
Affecting a tract of land through
SIANEIA, Sec 36, Twp. 29N, Rge. 22W
Flathead County, Montana
EASEMENT NO. D-
TO ALL TO WHOM THESE PRESENTS SHALL COME:
Know ye that the State of Montana (hereinafter referred to as
"Grantor"), in consideration of the sum of Two Hundred Seventy -Eight
Thousand, Nine Hundred Thirty and 12/100 Dollars ($278,930.12), now
paid, grants to City of Kalispell (hereinafter referred to as
"Grantee") a right of way for a municipal fire station and satellite
police workstation, including a public access road, bicycle path and
buried utilities upon and across State lands, as follows:
A tract of land through SIANEIA, Section 36, Township 29 North,
Range 22 West, Principal Meridian Montana, Flathead County, Montana,
more particularly described as follows:
Commencing at the East one -quarter (E1/4) corner of Section 36,
Township 29 North,.Range 22 West, a found monument; thence along the
Southerly boundary of the Northeast one -quarter (NEI/4) of said Section
36, N89°58'06"W a distance of 1,086.52 feet to the True Point of
Beginning the parcel herein described; thence continuing along said
Southerly boundary of said NEIA, N89°58'06"W a distance of 275.88 feet;
thence leaving said Southerly boundary of said NE'/4, N00°00'00"W a
distance of 306.40 feet; thence.S89°58'06"E a distance of 275.88 feet;
thence S00°00'00"E a distance of 306.40 feet to the True Point of
Beginning of the parcel herein described.
The above -described right of way contains 1.94 acres, more or
less, as shown on Exhibit A attached hereto and made a part hereof.
The grant of this easement is subject to the following
conditions:
The Grantee shall comply with the Montana Antiquities Act, Title
22, Chapter 3, Part 4, MCA and the Human Skeletal Remains and Burial
Site Protection, Title 22, Chapter 3, Part 8, MCA.
It is also agreed that the Grantee shall comply with such rules
or regulations as may be hereafter imposed by the State Board of Land
Commissioners to insure that the environment will be adequately
protected and the public health and safety not be endangered.
The Grantee shall be responsible for controlling any noxious
weeds within the easement borders. The Grantee's methods of control
must be reviewed by the Grantor's Area Field Office that has
jurisdiction for that locale.
Right of Way Application No. 13546
Page 2
The Grantee shall comply with the Montana County Noxious Weed
Management Act, Section 7-22-2101 MCA et. seq., as follows:
The Grantee shall notify the local weed board that is responsible
for that geographical area that the project is located in. If the
Grantee disturbs vegetation for any reason, Grantee shall be required
to revegetate the disturbed area. The Grantee shall submit to the
local weed board a written plan specifying the methods to be used to
accomplish revegetation. The plan must describe the time and method
of seeding; fertilization, recommended plant species, use of weed -free
seed, and the weed management procedures to be used. This plan is
subject to approval by the local weed board, and therefore must be
signed by the chairman of the board. Upon termination of this
easement, Grantee shall reclaim the entire area in accordance with
this paragraph.
Provided, further, that the easement granted herein shall be
assignable by Grantee only with the written approval of the Director,
Department of Natural Resources and Conservation. The Department's
approval of an assignment of this easement shall not be withheld so
long as the Grantee is in compliance with the terms and conditions of
this easement.
Provided, further, that the easement granted herein is not
exclusive and does not interfere with the Grantors right to issue
additional easements so long as they do not interfere with Grantees
rights hereunder.
Provided, however, off -site parking such as along the interior
access roads of the Spring Prairie Planned Unit Development is
prohibited.
Provided, further, Grantee will comply with Spring Prairie
Planned Unit development agreement, all local, state and federal laws
and regulations that apply to the granted use.
Provided, further, Grantee will comply with all local zoning,
design review and construction standards and will be subject to the
subdivision review process required by the City of Kalispell.
Grantee shall indemnify, defend, reimburse and hold the Grantor
harmless for any liability arising from its future use of the above -
described premises under any environmental, pollution, and health
laws, rules, or regulations, including liability for release of
hazardous wastes or hazardous or toxic substances or other pollution
or environmental damage or condition under any state or federal law,
rule, or amendment thereto. This duty shall extend to all claims,
judgments, losses, penalties, liabilities (including strict liabili-
ty), encumbrances, liens, costs, and expenses of investigation and
defense (including attorney fees) of any claim, whether or not such
claim is ultimately defeated, and any good faith settlement, including
reasonable attorney fees and disbursements and consultant fees. It
shall include the costs of preparation of remedial investigations and
feasibility studies and reports, the cost of any cleanup, remediation,
removal, response, abatement, containment, closure, restoration, or
monitoring required by federal or state agency, and liability to any
third person or governmental agency to indemnify it for those costs.
Provided, further, Grantee shall indemnify and hold harmless
Grantor against all claims or liabilities asserted by third persons
resulting directly or indirectly from Grantee's acts or omissions
hereunder regarding past, present and future use of easement area
defined herein whether negligent or otherwise.
Provided, however, Grantor has made no representation as to the
present or future condition of the property and the Grantee assumes
all risk or damage to property or an injury to Grantee or persons or
property, in connection with the exercise of or rights granted
hereunder.
Provided, that Grantor may terminate this easement for a material
breach of any of the conditions or provisions of this deed. Before
Right of Way Application No. 13546
Page 3
termination, the Board shall give Grantee written notice of intent to
terminate and a reasonable period to cure the breach.
It is further provided that whenever said lands herein granted as
an easement shall cease to be used for such purpose, the easement
shall terminate upon notice to that effect being given to the said
Grantee named herein.,
IN TESTIMONY WHEREOF, the State of Montana has caused these
presents to be executed by the Governor, and to be attested by the
Secretary of State, and countersigned by the Director, Department of
Natural Resources and Conservation, and the Great Seal of the State,
and the Seal of the State Board of Land Commissioners to be hereunto
affixed this :.day of , A.D. 2006.
......................................
Governor of the State of Montana
ATTEST:
......................................
Secretary of State
6333�= M
......................................
Director, Department of Natural
Resources and Conservation
Applicant
.. ............. .. . ........
Printed Name
a h 1
ASMVBY NAT FOR AN
APPLICATION FOR EASEMENT ON STATE LANDS
•LOCATED IN THE NE Ya SECTION as, T2.9N, R22W, P.Wm., CLAY. OF KAUSPEL4 F ATNEAP ppCOUNTY, MONTANA
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