West View Well Head Maintenance and Protection EasementReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
200700020377 Fees: $28.00 by: AB
WHIT
EASEMENT - WATER by KALISPELL CITY ATTN/T
Date 7/9/2007 Time 12,23 PM Page-, 1 of 4
Paula Robinson, Flathead County Montana
WELL HEAD MAINTENANCE
AND PROTECTION EASEMENT
THIS EASEMENT is granted this,_� day of July 2007 by Owl Corporation (OWL), a
Montana corporation, of 136 River View Drive, Kalispell, MT 59901-2760 as Grantor to the
City of Kalispell (CITY) of P.O. Box 1997, Kalispell, MT 59903-1997 as Grantee.
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WITNESSETHo
WHEREAS, OWL is the owner and developer of West View Estates Subdivision, a
subdivision located in the CITY, which received its conditional preliminary plat
approval on May 5, 2003 by Resolution No. 4786 and which received a one year
extension on its conditional preliminary plat approval on September 6, 2005; and
r EAS, OWL is meeting 'its statutory parkland dedication requi 0 rements'. in part, by
dedicating approximately 2.2 acres of land within the subdivision for parkland
purposes; and
WHEREAS, OWL has allowed the CITY to develop a water well within this designated 2.2-
acre park to serve a portion of the CITY's water needs; and
WHEREAS, the CITY has completed a Source Water Delineation and Assessment Program
designed to protect a portion of the underground aquifer that provides potable
water to the CITY's groundwater wells. The program reduces the threat of
groundwater contamination by controlling the type of uses that can occur within a
I 00-foot radius of each well (i.e., the CONTROL ZONE).
NOW THEREFORE, for good and valuable consideration given, the parties agree to the
following:
1. Wellhead Location. The municipal water well is located in the West Half of the Southwest
Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana
and more particularly at Lat.-.48-14-38.915 N Long.: 114-20-58.787 E and at Montana State Plane
Coordinates, NAD 83 IFT - N 1,492,699.380 E 787,953.627.
WELL HEAD PROTECTION EASEMENT Page I of 4
2. Easement. OWL hereby grants to the CITY an easement for the particular purposes of water
wellhead and pump house maintenance and protection by allowing the CITY necessary
maintenance access to the wellhead and pump house and by restricting uses, as set forth below,
within a I 00-foot radius of the wellhead. This easement shall be perpetual and run with the land.
3. Restricted Uses. The uses of the property within 100 feet of the wellhead (CONTROL
ZONE), described above, shall be restricted as follows:
A. Discharge. No person shall discharge, or cause, or permit the discharge of regulated
substances to the groundwater or surface water that may have a deleterious affect on the
groundwaterin the City, unless the discharge complies with federal, state, and local regulations.
B. Septic Tank Systems. No septic system, wastewater disposal system, sewer pl*pe,,
sewage fift station, French drain, or class V injection well, shall be located within the
CONTROLZONE.
C. On -Site Sewage Disposal. No person shall place, maintain, or operate on -site sewage
disposal from a septic tank or wastewater treatment plant within the CONTROL ZONE upon
any lot abutting any portion of any public street in which such portion of such street a public
sewer is laid. No person shall place, maintain, or operate on -site sewage disposal such as a
septic tank system within the CONTROL ZONE.
D. Petroleum Products. No person shall discharge any petroleum product(s)', treated or
untreated'. in the CONTROL ZONE.
E. Underground Storage Tanks. No underground storage tanks used to store regulated
substances may be installed 'in the CONTROL ZONE for any type of purpose.
F. Dry Wells andlor Storm Water Detention Ponds. No person shall direct the discharge
of any regulated substance, directly or indirectly, into the groundwater by the use of a dry well,
detention pond, retention pond, or storm water swale within CONTROL ZONE.
G. Solid Waste Disposal. It shall be unlawful to place or maintain any solid waste
disposal, transfer, or processing facility, or any hazardous material waste disposal, transfer, or
processing facility within the CONTROL ZONE.
H. Storage Containers. All regulated substances outside of the CONTROL ZONE shall
be stored in suitable containers to reduce the chance for the substances to be accidentally
introduced into the environment. These storage containers shall be product -tight and shall be
provided with secondary containment. Defective storage containers shall be removed from
service for repair or disposal in accordance with local, state, and federal standards.
1. Secondary Containment. Where secondary containment is required, it shall be
constructed of a material of sufficient structural integrity and composition to contain the
required capacity of liquids and not be structurally weakened as a result of contact with the
discharge of the regulated substance to be contained. The material shall be free of cracks, joints!,
WELL HEAD PROTECTION EASEMENT Page 2 of 4 Document Number: 200700020377
Page: 2
gaps, or other imperfections that would allow leakage through the containment material. This
containment can take many forms such as trays under containers, floor curbing or other systems
designed to hold materials or liquids that may discharge from containers holding regulated
substances.
4. Parkland Dedication. In the event that OWL determines to grant to the CITY a deed of
dedication for the 2.2-acre park that encompasses the wellhead and the entire 100-foot
CONTROL ZONE,
the CITY, as the successorin interest, shall be subject to the restrictions set
forth above. In the event that OWL conveys the 2.2-acre park to the homeowners of the
subdivision as a common area homeowners' park, the easement restfictions set forth herein shall
*th the land and the homeowners shall be subject to the stated restrictions within the
run wi
CONTROLZONE.
IN WITNESS WHEREOF the parties have set their hands on the date stated herein.
CITY OF KALISPELL
4ames H. Patrick
City Manager
STATE OF MONTANA
) ss.
County of Flathead
OWL CORPORATION
Mark G. Owens
Secretary/Treasurer
On this3 A2,�4 day of July, 2007, before me, a Notary Public for the State of Montana,
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personally appeared Mark G. Owens, in his authorized capacity as Secretary/Treasurer of OWL
CORPORATION, a Montana corporation, and proved to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year hereinabove first written.
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Document Number-, 200700020377
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WELL HEAD PROTECTION EASEMENT Page 3 of 4
STATE OF MONTANA
) ss.
County of Flathead
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On this 'k��day of July, 2007, before me, a Notary Public for the State of Montana,
personally appeared James H. Patrick, proved to me to be the person whose name is subscribed
to the within instrument, and acknowledged to me that he executed the same 'in his authorized
capacity as City Manager of the City of Kalispell.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year hereinabove first written.
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NOTARY PUBLIC for the State of Montana
Residing at:
My Commission expires:
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Document Number: 200700020377
Page: 4
WELL HEAD PROTECTION EASEMENT Page 4 of 4