1. Resolution 4507 - DNRC Easementof Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
REPORT TO: Kalispell City Council
FROM: Michael Baker, Director of Parks & Recreation
Chris Kukulski, City Manager
SUBJECT: Pedestrian/bike path easement
MEETING DATE: September 15, 1999
BACKGROUND:
The attached resolution is a requirement for an easement from the Department of
Natural Resources and Conservation, for a bridge over the Stillwater River in
Lawrence Park. The bridge is a vital connection between North Main and
Whitefish Stage Road for a pedestrian/bike path. To connect the bike path with
Whitefish Stage Road, a bridge will need to be built over the Stillwater River in
Lawrence Park. Our action is to acquire an easement from the State Department of
Natural Resources and Conservation in order to build the bridge over the Stillwater
River. As a condition to granting an easement, an agreement (Resolution 4507)
must be made from the City for the sole purpose of building a bridge over the
Stillwater River connecting the North Main and Whitefish Stage trails; stipulating
the use of the easement to provide a community service or a benefit that fulfills a
public purpose..
RECOMMENDATION:
I recommend that the resolution be approved for the purpose of building a bridge
over the Stillwater River, that will be a connector between the North Main
bike/pedestrian trail and the Whitefish Stage bike/pedestrian trial.
FISCAL EFFECTS:
ALTERNATIVES:
None
As suggested by Council.
Respect bmitted,
C9;
Michael Ba ,Director of Parks Chris Kukulski, City Manager
Attachments - Resolution
Report Compiled September 15, 1999
RESOLUTION NO. 4507
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
COMMITTING TO USE FOR A PUBLIC PURPOSE THE PROPOSED EASEMENT
APPLIED FROM THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
FOR A BRIDGE OVER THE STILLWATER RIVER IN LAWRENCE PARK.
WHEREAS, the City of Kalispell has joined with Flathead County and
School District 5 to build a pedestrian/bike path along
Whitefish Stage Road, connecting with the existing bike
path along North Main Street; and
WHEREAS, in order to connect the existing bike path with Whitefish
Stage Road, a bridge will have to be built over the
Stillwater River in Lawrence Park; and
WHEREAS, the City of Kalispell seeks to acquire an easement from
the State Department of Natural Resources and
Conservation to allow the installation of the bridge over
the Stillwater River; and
WHEREAS, the DNRC requires, as a condition to granting an easement
of the type sought by the City of Kalispell, a binding
commitment on the part of the City to use the easement to
provide a community service or a benefit that fulfills a
public purpose; and
WHEREAS, the City of Kalispell desires to provide such a
commitment.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA:
SECTION I: That the City Council of the City of
Kalispell, Montana, hereby commits that it
will use the easement requested for the sole
purpose of building a bridge over the
Stillwater River that will be a connector
between the North Main bike/pedestrian trial
and the Whitefish Stage bike/pedestrian trial.
SECTION II. That the City Council of the City of
Kalispell, Montana, hereby commits that it
will continue to use the easement for the
purpose described above, and for no other
purpose, so long as the easement is needed.
SECTION III. That the City Council of the City of
Kalispell, Montana hereby commits that if at
any time in the future it determines that it
no longer needs the easement described herein,
it will immediately notify the DNRC and take
such steps as necessary to extinguish the
easement.
SECTION IV. That this Resolution shall take effect
immediately upon its approval by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 20TH DAY OF SEPTEMBER, 1999.
Wm. E. Boharski
Mayor
Attest:
Theresa White
City Clerk
RIGHT OF WAY DEED
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF MONTANA
TO ALL TO WHOM THESE PRESENTS SHALL COME:
Know ye that the State of Montana (hereinafter referred to as "Grantor")
grants to the City of Kalispell (hereinafter referred to as "Grantee") a right
of way for the purpose of building a bridge over the Stillwater River upon and
across State lands, as follows:
A tract of land in Government Lot 11 of Section 6, Township 28
North, Range 21 West, P.M.M., Flathead County, described as
follows:
Commencing at the east one -quarter corner of said Section 6,
thence S2902210211W 1216.17 feet to a point on the low water of the
left bank of the Stillwater River, said point being the TRUE POINT
OF BEGINNING of a 20 foot easement with 10 feet on either side;
thence S7203215511W 62.26 feet to a point on the low water of the
right bank of the Stillwater River and there terminating, said
terminus being S3101810411W 1262.29 feet from the east one -quarter
corner of said Section 6.
The above -described right of way contains a total of .028 acres, more
or less.
The Grantee hereby accepts this easement and agrees that, in accordance
with §77-2-351, Montana Code Annotated, this easement shall forever be used
for the purpose stated above which is a community service or a benefit that
fulfills a public purpose; and that such easement will revert, as provided
hereafter, when it ceases to be used for such purpose.
The grant of this easement is subject to the following conditions:
The Grantee shall comply with the Montana Antiquities Act, Title 22,
Chapter 3, MCA. In particular, Sections 22-3-435 and 22-3-8, MCA.
It is also agreed that the Grantee shall comply with such rules or
regulations as may be hereafter proposed 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
introduced by Grantee's activity on state-owned land. The Grantee's methods
of control must be reviewed by the Grantor's Area Field Office that has
jurisdiction for that locale.
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 right of way deed granted herein shall be
assignable by Grantee only with the written approval of the Director,
Department of Natural Resources and Conservation.
Provided, further, that this right of way deed is granted under the
express condition that the Grantee's exercise of the rights herein granted
shall not interfere with the Grantor's use of the adjacent land.
Provided, further, that permission must be obtained in writing, from the
Director, Department of Natural Resources and Conservation, prior to the
construction of any improvements on the right of way herein granted which is
20 feet wide, 10 feet on each side of the centerline.
The Grantee shall have secured all permits and approvals as may be
required by law before beginning any activity within, above or under the
riverbed. These permits include, but are not limited to, any permit issued by
the Army Corps of Engineers, the State of Montana Department of Environmental
Quality, the County Flood Plain Manager, the local County Soil Conservation
District and/or the Montana Department of Fish, Wildlife and Parks.
All terms, conditions, project specifications and time -frames contained
in all of the required permits, authorizations and construction specification
plans become a part of the terms and conditions of this easement.
Provided, however, that the right of way granted herein is not exclusive
and does not interfere with the Grantor and its successor, assigns or
purchasers of State products or other parties authorized to use State land,
in their right, at all times to go upon, cross and recross the land covered
by said right of way, at any point, for any and all purposes in a manner that
will not unreasonably interfere with the rights granted to Grantee.
Provided, that Grantor may terminate this right of way for a material
breach of any of the conditions or provisions of this deed. Before
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 a
right of way shall cease to be used for such purpose, the right of way 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. 1999.
Governor of the State of Montana
ATTEST:
Secretary of State
Countersigned by:
Director, Department of Natural
Resources and Conservation
Accepted by:
William E. Bo arski
Mayor, City of Kalispell
of Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
September 8, 1999
Norm Kuennen
Department of Natural Resources and Conservation
Northwest Land Office
2250 Highway 93 North
Kalispell, MT 59901
Subject: City of Kalispell -Lawrence Park Bridge
Easement
Dear Mr. Kuennen:
I have enclosed for your examination a copy of a Resolution
proposed for the September 20, 1999 meeting of the City Council.
Once passed, said Resolution will evidence a binding commitment by
the City that the easement granted by the Board of Land
Commissioners will be used for community purposes.
Please be advised that this office anticipates no opposition to the
passage of the Resolution or to the purposes of using the easement
only for reasons stated in said Resolution. The Resolution will
become effective immediately upon passage by the City Council, so
a certified copy will be available on September 21, 1999.
Thank you for your concern.
contact this office.
Since
Glen eier
City Xttorney
If you have further questions please
of Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
September 8, 1999
Board of Land Commissioners
State Capitol Building
Helena, MT 59620-1706
RE: Request for Easement for Installation of Bridge
Dear Board:
As City Attorney for the City of Kalispell, I have been asked to
provide documentation that the City of Kalispell is a public entity
as that term is used in Section 77-2-351, MCA.
The City of Kalispell is a municipal corporation, duly authorized
and existing under the laws of the State of Montana. It has been a
incorporated City since 1892.
As a result of the above, I can conclude and assure you that the
City of Kalispell is a "public entity" for purposes of § 77-2-351,
MCA.
Sincerely,
Glenq
City
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C Carver Engineering, Inc.
August 24, 1999
Glen Neier
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Subject: Lawrence Park Bridge — DNRC Easement Application
"Public Entity" Letter & Binding Commitment Resolution
Dear Glen:
Consulting Engineers
Civil
Structural
Environmental
As I described yesterday, I am compiling the material necessary to secure an easement
from the Montana Department of Natural Resources and Conservation (DNRC) for the
Lawrence Park Bridge. The easement can be granted to the City at no charge according
to 77-2-351 MCA.
Two of the items required by the State are 1) a letter documenting that the City of
Kalispell is a public entity as used in 77-2-351 MCA and 2) a binding commitment from
the City that the easement will be used for a community service.
I need you to write the letter mentioned in (1) and to prepare the resolution of item 2.
I have enclosed a copy of 77-2-351, a copy of the Process and Criteria for Consultation on
Land Transfers prepared by the Montana Legislative Services Division, copies of a similar
letter and resolution just prepared by the City of Whitefish for a easement it obtained from
the DNRC, and a copy of a letter I wrote to Norm Kuennen of the DNRC describing this
project. Hopefully this material can help you prepare the required letter and resolution
with minimal effort. (Creativity is good but plagiarism is quicker!)
Please call if you have any questions. It would be good be have the Council approve the
resolution during their next Council meeting on September 7 h.
Sincerely,
CARVER ENGINEERING, INC.
Andrew J. Hyde, P.E.
cc: Mike Baker, Parks Department.
Y(MOIM 10:50 KEPT OF NATURAL RUES TEL:1 406 444 2684
151p 1511 TRANSFER° A.VD RESERVATIONS 77-2.361
OF PROPERTY INTERESTS
'isse and also for
of the state and the seal of the board attached to the deed or patent but need
a which the crop,
not be acknowledged.
he Improvements 04.
Htxtarr En. See. K Ch. 64, L 199TI re -en. Sea. 1805.98, &C.3&1935; amd. Sea 89.
em 428, L. 1973; RC.x. 1047, 91-999(psrt); rind. See. 922, Ch. 418, L. 1995.
,riff of the countyGovert
Cress Fleferonoea Sxecudonofdeeds —foreclosureofinvest-
or ezecutingpatenta, o •16 2D1. ment, 17.8.201(5).
-he purchaser or his
y are not paid upo
77-2.343. Patant provisions. (1) Such deed or patent shall contain the
:resentative of th
reservation of easements for rights -of -way to the United States, reservation of
nd crops, and U'
all minerals in the land as provided in 77-2-304, and all other raeervations to
vote or public eaj'
which the particular land conveyed is subject.
he amounts due tli
(2) If the land is docated within the boundaries of a federal irrigation
project, the patent shall contain a lien clause substantially in the following
,X less# amd, sea
form: The land herby conveyed is located within the boundaries of a federal
irrigation project and is subject to all liens which the United States may have
ruction liana, 71.3-b41�j,
thereon by reason of its being located under such irrigation'project.
(3) Tsection does not require any reservation in a patent which wasThis
ance, 71.3-711
n or dusting craps
not an express or implied reservation in the certificate of purchase pursuant to
which the patent is issued. The statutes in effect when such certificate of
purchase was issued must govern.
proceeds firom the =' ;
Mowry, En. Sec. 96, Ch. 60, L 1927; re -en. See.1806,96, AC X 1935; amd. Sea 60,
Cb. 428, L 1978; AC 1L 1947, 81.932(pert); amd. Sec. 9, Ch. 157, L 1981.
,al, shall be credited
belongs and shall
Cross -References
)art thereof,
Irrigation dietrirts — liens and charges,
77-2.315.
)roper income fund
77-2-344. Copy of deed or patent as evidence. A certified copy of the
record of any such deed or patent shall be received in evidence in all courts of
3rre�n.Beo.1B06.76,
L. I878; AC.4L 1947;
record of this state the same as the original.
Movaryi En. See. 911, Cb. SO, L 1927; re-em Sea 1806.9s, RC.H.1935; a=d. See. 5%
Board of Investments t
Ch. 428, L. 1970; RC-1K 1947, 81.982(part).
77.2.345. Limitation for cancellation of patent. No action shall be
rchority of Board of In-
brought to vacate or cancel any patent issued by the state after the expiration
o go to development of
of 2 years from the date of such patent except upon the ground of fraud.
1, pert 6.
Mwtorp En. Sea 97, Cb. 00. L 192,; re -en. Sea. 1806,97, R-C.M. 1935; RC.M 19d7,
_
81.888.
Cross -References
FYeud — actual and constructive, 28.2.404
m paid in full to-
through 28.2-406.
r thereof shall be
77-2.346 tbxough 77.2-350 reserved.
te.
L ISS5; P.C.M. 1047, 77.2-351. Sale to or exchange of property with publlo entity. Not -
I r
thstanding any other section in this chapter, any lands may be sold to or
in the governor's
exchanged for other land or for other consideration with another public entity
eeds or patents of
on terms and in a manner.that the board, after consultation with the appropri-
v the board under
ate legislative committee, may determine to be in the state's beet interest,
-he land.
subject to The Enabling Act and constitutional restrictions. In the case of land
of state, must be
that is not granted to or held by the state in trust for the support of the common
ave the great eeel
schools, for a state institution, or for another specific purpose, the board may
'
accept as partial or total consideration for the transfer of the land a binding
commitment by the transferee to use the property to provide a community
P. 002
,KUN) 10:5? DEPT OF NATURAL RES TEL:1
406 444 2684 P.001
ti
77-2-401 1512z , .
1513
BOCK
'r
OIL, AN
'•tea
service or a benefit that fulfills a public purpose. The sale or exchange of the'::1`
.
(1)
the filing of formal req
property may not be finally concluded until 60 days' public notice of the terms
agency
that would alleviate concx
of the proposed sale or exchange has been given. As used in this section, "public :'
(2)
the filing of a formal pro
entity" means any county, city, municipal corporation, school district, or special ^
- 131storyt
Zn. See. 3, Ch. 876, 1.:
improvement or taxing district. '-_
Compiler's Comments
Hlttoryt En. Sec. 1, Ch. 284, L 10011 tamd. Be*. 1. Ch. 272, L 1906. "=
1997Anundmenrr Chapter 42 in latt
tion substituted "director of the depart
Part 4
r
Transfer of Federal Land or Easements .
''
.�
C
77-2.401. Sale or transfer of federal Iand — when hearing re-
'_
ROCK,:
quired. (1) Prior to the sale or transfer of land in the state that is owned or
OIL, ANL
controlled by an agency of the United States government, the director of the
}:
Part 1—Protgec
department shall determine whether there would be any impact on the man;..
a ent of state lands, on cultural wildlife or recreational resources of
! ' '
77-3-Iol.
77.3.102.
Dettnidond.
Mining leases authorized.
the state, or on the cost of government services provided by the state, by any
77.3-103.
Prospecting permits authert
_ school district, or by any county, city, or other local government unit because
77-3I04.
Notice of lease or permit spF
of the sale or transfer.
77-3.106.
Assignment of leases or porn
(2) If the director determines under subsection (1) that there would be an
77-3.10e.
Disposition of royaltiesy fm,
adverse impact and that a. hearing or public meeting has not been or will not
P g P g
77-3-111 thA Alit bons fo reserved.
77-3-111. Applications for mining Iemc
be conducted by a federal agency to provide an opportunity for expression of
77-3-112.
Examination of lands priort.
public opinion regarding the proposed sale or transfer and that further public
77-8.113.
Quantity of lands covered In
input would be desirable, the director shall hold a public hearing prior to the
77-3-114.
77.3.110.
Restrictions on mining lease-
Loyal provisions.
sale or transfer in order to provide the opportunity for the expression of public
P PP P P
77-3.118.
Royalty provisions.
sentiment regarding the proposed disposition of federal.land.
77.3-117.
Modification of loose proviei
(3) . If a hearing will be conducted by a federal agency on the proposed sale
77-3-118.
iiegtrictions on recurval of
or transfer of federal Iand within the state, the director shall require the
77-3-119,
77-3-120.
Bonds to °taco.
Bonda to protect prior parch
attendance of a representative of the department for the purposes of fulfilling
77.3.121.
Poolingagre=enu and unit
the requirements of 77-2-403.
77.3-122,
8eles, contsncta for sale, and
(4) The sale or transfer of easements by an agency of the United States
77.3-1M.
Failure of title,
government and the transfer of land by the United States to the state of
77.3-124 through 77-3-129 reserved,
77.3.130. Limitation on public m* ep t
Montana in satisfaction of land owed to the state pursuant to The Enabling Act
77-3-131.
Limitations an proepeeting l
are exempt from the operation of this section.
77.3.132.
Leasing privilege ofpartnit
HWoryt En. See. 1. Ch. 670, L 18831 trend. Sec. 323, Ch. 418, L 1996.
Part 2 — NonmetaUlc
77-2.402, Hearing requirements. Any hearing required under
77-3-201.
cs
Nonmetallic mineral leases
77-2-401 must be held in a coup n which the land involved in the proposed
county iP P
77-3-202.
Fla.
sale or transfer is located and must be held according to procedural rules that
77.3-203.
Duration of lease,
must be adopted by the director of the department in accordance with the
7T-3-204.
Rayaltyproviaions.
Montana Administrative Procedure .Act.
77-3-206.
Report of lessee and paprmet
Hittatyt Ea. Sea 1, Ch. 8T0, L 1883{ amd. Sec.286, Ch- 4S, L I997, _
77.3-20e.
77.3-207.
Disposition ofrvyaltlea, fee:
Land leased for other purpo
Compger's Comments Craw References
1997 Amendmsnb Chapter 42 near and Montana Administrative Procedure Act,
77•s-208. atone, gravel, and sand parr
77-3-209 and 77-3-210 reserved.
substituted "director of the department" foe Title 2, eh. 4.
"commiseionee; and made minor changes in
77-3-21L
Limitation on publicinspec
ale. Amendment effective March 12, 1987.
. 77-2.408. Action by director, The director of the department shall take
77-8-301.
Coal leases authorized.
action that the director considers appropriate, consistent with federal jurisdic-
77-3-802.
Lands subject to coal lassint
tion, to address concerns and issues raised during the hearing. The action may
77-6-808,
Rules relating to cal ]warn,
include but is not limited to:
77-3.304,
Protection of rights of purcl
77-3.305.
Limitatimu on leasing
1
77-3.306.
Condition on mumer of m_
10:51
;,mall S-nnt- M-mb-n
,,.Ir. •CHMIB' CHRISTIAENB
VICE-CHAIRMAN
GAAY AKLESTAO
AL 819HOP
OEpali BOWMAN SHEA
BAUcB D. cAl"EN
MIXH HALLIGAN
DEFT OF NATURAL RES
TEL:1 406 444 2684 P.003
Zzecudwe DN-emr
RoaEAT 9. PERSON Montana Legislative
Services Division
Office of the Executive Director
Room 138 - State Capitol
Helena, Montana 59620-1706
(406) 444-3064
FAX (406) 444-3036
/ COM O H-w9 Mambore
LARRY HAL GRINDS
CHAIRMAN
VICKI COCCHIARELLA
WILLIAM 'RED' MENAHAN
JOHN A. MERCER
RAY PECK
PAUL SLITER
Process and Criteria for Consultation on Land Transfers
Issue Summary
Prepared for the Legislative Council
by
Robert B. Person
Executive Director
i .
March 12, 1998
Introduction_
Sections 77-2-302 and 77-2-351 authorize the Board of Land Commissioners to dispose of, sell,
or exchange certain state lands after consultation with the appropriate legislative committee. The
Legislative Council has assumed the role of the appropriate legislative committee during the
interim between legislative sessions. Since 1996, review of proposed transfers has appeared on
the Legislative Council agenda an a number of occasions. At the January, 16, 1998, meeting of
the Council, Speaker Mercer suggested the Council establish set criteria for the consultations. I•
consulted with Greg Petesch to prepare this paper proposing an outline process for consultation
on these questions and appropriate criteria under each statute. Preliminary comments on the draft
sent to me by Clive Rooney are appended. The Land Board had not responded by March 12 as I
finalized this paper.
Both sections provide that it is the Land Board that consults with the appropriate legislative
committee. The Legislative Council should consult on land transfers on referral from the Land
Board. The Legislative Council should authorize the chairman to set a consultation on the agenda
when the Land Board presents a timely request with documentation meeting the adopted criteria.
(LION) 10 51
DEPT OF NATURAL RES
TEL:1 406 444 2684 P.004
Following the consultation, the Legislative Council should adopt a motion to the effect that
consultation as required by (cite section) has occurred. Should the Council have
recommendations or concerns for the Board to consider, they may be added. There Is no need to
state an opinion since there is no authority to approve or reject a proposal. '
Section 77-2-303 -- Disposition of former institutions and certain federal grant lands.
1, Are the Iands, including buildings, in fact properties formerly used as or by a state
institution and are no longer used for institutional purposes?
a. Provide an accurate description of the properties involved including legal
description and acreage involved.
b. Provide a general location map showing graphically the same information as
required above.
c. Provide an affidavit indicating the qualifying state institutional use and
verifying the lack of current use.
2. Are there legal restrictions on the proposed transfer?
Provide a legal assessment of restrictions or lin4itatioas on the transfer or the tacit
thereof that may exist under the Enabling Act, the Montana Constitution, or other
restriction under law.
3. Are the terms of the proposed transfer in the best interest of the state?
Document the proposed terms of the transfer and any alternative terms that may
have been considered.
4. Is the manner of the transfer in accordance with public policy?
Document the proposed manner of the transfer including plans for the required 60
day notice period.
77-2-351-- Sale to or exchange of property with public entity.
1. What lands are involved?
a. Provide.an accurate description of the properties involved including legal
description and acreage involved.
Y _40MON) 10:51 DEPT OF NATURAL RES TEL:1 406 444 2684 P.005
b, Provide a general location map showing graphically the same information as
required above.
2. Are there restrictions on the transfer?
a. Provide and affidavit documenting whether the Iand is or is not granted to or
held by the state in trust for the support of the common schools, for a state
institution, or for another specific purpose.
b. Provide an affidavit indicating any known restrictions on the transfer or stating
that there are none.
3. Are the terms of the proposed transfer in the best interest of the state?
Document the proposed temis of the transfer and any alternative terms that may
have been considered.
If the transfer involves a binding commitment to use the property to provide a
community service or a benefit that fulfills a public purpose, provide
documentation showing the details of the commitment.
"Document that the transferee is a "public entity" as that term is used in 77-2-351.
4. Is the manner of the transfer in accordance with publip policy?
Document the proposed manner of the transfer including plans for the required 60
day notice period.
O
Cz
c
c
r.m Carver Engineering, Inc.
ust 5, 1999
ON
Norm Kuennen
Department of Natural Resources and Conservation
Northwest Land Office
2250 Highway 93 North
Kalispell, MT 59901
Subject: City of Kalispell — Lawrence Park Bridge Project
Easement for Right -of -Way over Stillwater River
Dear Norm:
Consulting Engineers
Civil
Structural
Environmental
This letter is written on behalf of the City of Kalispell, for which Carver Engineering,
Inc. has designed a new pedestrian bridge over the Stillwater River as part of the 1996
Lawrence Park TR-KAL Community Transportation Enhancement Program (CTEP)
Project. The purpose of this letter is to make the initial request for an easement from the
State of Montana to the City of Kalispell for the bridge and to provide enough
information for you to give public notice about the potential easement and to begin the
process of processing the easement application. I will submit the complete formal
application in.the next few weeks.
BACKGROUND. The City - is undertaking this pedestrian/bike path project in
conjunction with Flathead County and School District 5. These three entities are each
paying for sections of a new trail that will link the existing path along North Main Street
in Lawrence Park to the intersection of West Reserve Drive and Whitefish Stage Road.
Refer to the color -coded map I've enclosed showing the extent of these three projects.
All three projects are receiving CTEP grant funding administered by the Montana
Department of Transportation.
The City of Kalispell's portion of the project begins at the end of the existing path in
Lawrence Park. The new trial extends northward through Lawrence Park approximately
1,500 feet. The trail parallels the Stillwater River along its west side and turns east at its
north end to cross the river. Kalispell's part of the trial will stop at the east end of the
bridge. Construction is could begin later this year, but it is more likely to start next
spring.
Flathead County is responsible for the segment of trial from the east end of the bridge to
the metal dinosaur along Whitefish Stage Road. This stretch will climb up the bank from
the river and run eastwards to Whitefish Stage Road. Design of this section is currently
Page 2 of 31 Pages
Letter to Norm Kuennen from Andy Hyde @ Carver Engineering
RE: City of Kalispell Easement Request for Bridge over Stillwater River
August 5, 1999
underway. Construction of this segment could potentially begin later this year, but it is
more likely that work will be delayed until next spring to coincide with the bridge
construction. (To reduce a serious safety hazard, Flathead County does not want to build
this section until the bridge is in place or at least is underway.)
The segment from the dinosaur to West Reserve Drive will be done by School District 5.
This section is out to bid right now. Bids will be opened soon. Construction should be
completed this year.
PROPOSED NEW BRIDGE
The new bridge is comprised of two spans, one 110 feet in length and the other 50 feet
long for a total length of 160 feet. The longer span crosses the river. The shorter span.is
located west of the main span and provides a sloped transition between the adjoining
ground -level path.and the raised main span section.
Each end of each span rests on concrete abutments that are set on driven steel piling. The
abutments are located on dry ground outside of the river channel.
No permanent structures and no construction activities are proposed within the river
itself. At each abutment, the underside of the longer span of the bridge, which will cross
the river, will be located at an. elevation 2.3 feet above the predicted 100-year flood
elevation. This span of the bridge will -be cambered so that its midpoint is 2.2 feet higher
than its ends.
The bridge deck is wood and is 8 feet wide. The bridge is a pre -fabricated steel truss.
The bridge is a critical link in the proposed new path. The Stillwater River is a major
geographic barrier that separates the north part of Kalispell from the Whitefish Stage area
of Evergreen. Only two roadway bridges cross the river in this area, namely along
Whitefish Stage Road and West Reserve Drive. Foot and bicycle traffic must currently
use these same roadway bridges to cross the river. Edgerton School, which is located on
the Whitefish Stage side (east side) of the river, serves students that live in Northridge on
the west side of the river. The new walkingfbike path will connect the two sides and
provide a much safer route for pedestrians and bicyclists. This is the reason that School
District 5 is participating in the project. Without the bridge, this connection cannot be
provided. The. bridge. is vital. to the -overall function_of the pathway.
Page 3 of 3 Pages
Letter to Norm Kuennen from Andy Hyde @ Carver Engineering
RE: City of Kalispell Easement Request for Bridge over Stillwater River
August 5, 1999
PROPOSED EASEMENT. An easement across the Stillwater River is needed. At the
bridge, the river is approximately 60 feet wide, as measured from low water mark to low
water mark along the bridge centerline.
Even though no portion of the bridge will be located within the river channel or below the
low water line, an easement is needed because the bridge crosses property owned by the
State of Montana.
A permanent easement 10 feet on each side of the bridge centerline is proposed.
The proposed site of the pipeline is in Lawrence Park and is located in the northeast
quarter of the southeast quarter of Section 06, Township 28 North, Range 21 West. I
have enclosed a Vicinity Map for reference.
The City of Kalispell will ask that any fee for the easement be waived under the
provisions of 77-2-351 MCA. The City will enter into binding commitment to
permanently use the easement for a public community benefit.
REQUESTED ACTION. Please consider this letter as a request to begin processing of
an easement 'application on behalf of the City of Kalispell. I will be submitting the
complete application and supporting material as soon as I can in the next few weeks.
Thank you for the help you've provided so far. I know I can count on you for helpful
assistance and speedy action as we work together on this easement. I look forward to
working with you again on this project.
Sincerely,
CARVER ENGINEERING, INC.
Andrew J. Hyde, P.E.
vaNTMAOTHA