Perpetual Utility and Access Easements/Stillwater Corp (Kalispell North Town Center)Return to:
City Clerk
City of Kalispell
201 First Avenue E.
Kalispell, MT 59904
PERPETUAL UTILITY AND ACCESS EASEMENTS
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
on this 3 f day of SL4_ ( u , 201 -7 , the undersigned, STILLWATER
CORPORATION, a Montana Corporation, of the address of 155 71' Avenue, P.O. Box 7338,
Kalispell, MT 59904, hereinafter called "Grantor," hereby grant and convey unto the CITY OF
KALISPELL, a municipal corporation and political subdivision of the State of Montana, of the
address of City Hall, 201 First Avenue E., Kalispell, Montana 59904, hereinafter called
"Grantee," perpetual non-exclusive easements and right-of-ways over, across, under, and through
portions of the SE1/4SW1/4 of Section 19, and the W1/2 of Section 30, all in Township 29
North, Range 21 West, P.M.,M., City of Kalispell, County of Flathead, State of Montana and
more particular described as follows:
SEE ATTACHED EXHIBIT A
These perpetual easements to Grantee are for the purpose of constructing, reconstructing,
maintaining, operating, servicing, repairing, and replacing public utilities, including storm drain
lines, water lines, sanitary sewer lines, and all necessary appurtenances thereto, over, across,
under, and through the said real property; together with the right of free ingress and egress at all
times for the purpose of constructing, reconstructing, maintaining, operating, servicing,
repairing, and replacing said public utilities.
Grantor shall continue to have the right to use and enjoy the above -described property,
except as to the rights herein granted, subject to the following restrictions:
1. Grantor and its successors agree not to construct, nor cause to be constructed
within the easement right-of-way, any type of building or structure such as, but
not limited to, houses, garages, sheds, kennels, fences, or any other fixed objects
of any kind, shape or form without Grantee's express consent. Notwithstanding
the foregoing, Grantor is expressly allowed to a) pave and use the easement right
of way for any pedestrian and vehicular ingress and egress such as drive aisles,
drive ways, sidewalk, cross walk, and parking areas, and b) to install landscaping
and landscaping facilities within the easement right-of-way, such as irrigation,
berms, trees, bushes, shrubs, hedges, grass, or any other facilities or plantings of a
similar nature that will be operated and maintained by Grantor.
3. Grantor agrees that authorized representatives of the City of Kalispell can freely
travel within the easement right-of-way with their equipment in the performance
of their duties.
4. Grantor agrees to obtain the permission of the Public Works Department or
Grantee prior to placing or removing any fill dirt within the easement right-of-way
and, in addition, in the event such permission is granted, the Grantor agrees to
perform any work necessary to modify the existing storm drain lines and
appurtenances, which work may be required prior to placing or removing any fill
dirt within the easement right-of-way; and all such work shall be done at the
Grantor's expense and without expense to the City.
(SIGNATURE PAGES FOLLOW)
"GRANTOR" STILLWATER CORPORATION
STATE OF MONTANA
ss
County of Flathead )
By./ "Z�///c
Its: V, ccr- ?izes ;o ev—
On this � day of 6uw 2017, before me, a Notary Public in and for the
State of Montana, personally appeared � �� �)b t, , known to me to be the
person who signed the foregoing instrument as the '/ (IDS t 471-6 yl" f' of
STILLWATER CORPORATION, and who acknowledged to me that said company executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year hereinabove written.
Notary Public inManor the State o Montana
Printed name:
Residing at:
My commission expires: ,N L
14y 814 WHITNEY HANSEN
NOTARY PUBLIC for the
* SEAL * State of Montana
Residing at Kalispell, Montana
sT rP My Commission Expires
grFOFMoP March 21, 2018
"CITY" CITY OF KALISPELL
By:
•° Mayo
°
Attest:
City Clerk
®�rrti � loaves®
STATE OF MONTANA
Mx
County of Flathead )
On this may of `. , 2017, before me, a Notary Public in and for the
State of Montana, personally appeared �� 'ScitP e and
known to me to be the Mayor and City Clerk,
respectively, of the City of Kalispell, Montana, whose names are subscribed to the foregoing
instrument in such capacity and acknowledged to me that they executed the same on behalf of
the City of Kalispell, Montana. Witness my hand and seal the day and year herein above written.
JUDI A. FUNK
046
NOTARY PUBLIC for tM
sad of Montana
SEAL
Commission Exp at
oss`
Februa 25, 2020
Notary Public in and for the State.of Montana
EASEMENT #1 DESCRIPTION:
A public water easement located on a portion of Tracts 9 and 10 of Certificate of Survey 4491, recorded
in the office of the Flathead County Clerk and Recorder, located in the southwest quarter of Section 19,
Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as
follows:
Commencing at the southwest corner of said Section 19, thence along the south line of said Section 19,
S89041'21 "E, 1307.65 feet to the west sixteenth corner common to said Sections 19 and 30; thence along
the sixteenth line, N00°33'20"W, 787.62 feet to the POINT OF BEGINNING; thence continuing along the
sixteenth line, N00°33'20"W, 20.00 feet; thence S89059'49"E, 614.80 feet; thence S00°00'11"E, 247.62
feet; thence N89059'49"W, 20.00 feet; thence N00°00'11"E, 227.62 feet; thence N89°59'49"W, 594.61
feet to the POINT OF BEGINNING, containing 0.387 acres. All according to the Subdivision Plat of
Kalispell North Town Center - Phase 1 filed as Document No.
EASEMENT #2 DESCRIPTION:
A public utility easement located on a portion of Tract 10 of Certificate of Survey 4491 and a portion of
Tract-1 of Certificate of Survey 6643, recorded in the office of the Flathead County Clerk and Recorder,
located in the southwest quarter of Section 19 and the northwest quarter of Section 30, Township 29
North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows:
Commencing at the southwest corner of said Section 19, thence along the south line of said Section 19,
S89°41'21"E, 1307.65 feet to the west sixteenth corner common to said Sections 19 and 30; thence
S89°59'34"E, 556.93 feet to the POINT OF BEGINNING; thence N00°00'11"E, 560.00 feet; thence
S89059'49"E, 60.00 feet; thence S00°00'1 VW, 555.00 feet; thence S6°20'14"E, 90.55 feet; thence
S00000'1 VW, 1175.11 feet; thence WEST, 80.00 feet; thence N00°00'11"E, 1180.11 feet; thence
N7007'40"E, 80.62 feet to the POINT OF BEGINNING, containing 3.067 acres. All according to the
Subdivision Plat of Kalispell North Town Center - Phase 1 filed as Document No.
EASEMENT #3 DESCRIPTION:
A public utility easement located on a portion of Tract 10 of Certificate of Survey 4491 and a portion of
Tract-1 of Certificate of Survey 6643, recorded in the office of the Flathead County Clerk and Recorder,
located in the southwest quarter of Section 19 and the northwest quarter of Section 30, Township 29
North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows:
Commencing at the southwest corner of said Section 19, thence along the south line of said Section 19,
S89°41'21"E, 1199.46 feet to the POINT OF BEGINNING; thence continuing along said south line,
S89041'21 "E, 108.19 feet to the west sixteenth corner common to said Sections 19 and 30; thence
S89059'34"E, 556.93 feet; thence S7007'40"W, 80.62 feet; thence WEST, 655.11 feet; thence NORTH,
80.66 feet to the POINT OF BEGINNING, containing 1.214 acres. All according to the Subdivision Plat of
Kalispell North Town Center - Phase 1 filed as Document No.
EASEMENT #4 DESCRIPTION:
A public utility easement located on a portion of a tract described in Deed Exhibit 550/579 and a portion of
Tract-1 of Certificate of Survey 6643, recorded in the office of the Flathead County Clerk and Recorder,
located in the northwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead
County, Montana, more particularly described as follows:
Commencing at the northwest corner of said Section 30, thence along the north line of said Section 30,
S89041'21"E, 1199.46 feet; thence SOUTH, 80.66 feet to the northeast corner of Lot 1, Block 1, Kalispell
North Town Center - Phase 1 Subdivision; thence along the east line of said Lot 1, SOUTH, 340.77 feet
to the POINT OF BEGINNING; thence EAST, 655.09 feet; thence S00°00'11"W, 60.00 feet; thence
WEST, 911.17 feet to the beginning of a 370.00 foot radius curve to the left; thence along said curve
581.19 feet through an angle of 90°00'00", thence SOUTH, 409.34 feet; thence WEST, 60.00 feet; thence
NORTH, 409.34 feet to the beginning of a 430.00 foot radius curve to the right; thence along said curve
675.44 feet through an angle of 90°00'00", thence EAST, 256.08 feet to the POINT OF BEGINNING,
containing 2.684 acres. All according to the Subdivision Plat of Kalispell North Town Center - Phase 1
filed as Document No.
EASEMENT #5 DESCRIPTION:
A public utility easement located on a portion of a tract described in Deed Exhibit 550/579 and a portion of
Tract-1 of Certificate of Survey 6643, recorded in the office of the Flathead County Clerk and Recorder,
located in the northwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead
County, Montana, more particularly described as follows:
Commencing at the northwest corner of said Section 30, thence along the north line of said Section 30,
S89°41'21"E, 69.85 feet to a point on the east boundary of U.S. Highway 93 right-of-way; thence along
said east boundary through the following five courses: 1) S00°14'37"W, 100.68 feet; 2) S1Y54'44"E,
61.80 feet; 3) S00°11'06"W, 940.00 feet; 4) S14°12'33"W, 61.91 feet; 5) S00°11"1 "W, 97.32 feet to the
POINT OF BEGINNING; thence S89048'47"E, 30.09 feet; thence S83°27'28"E, 77.25 feet; thence EAST,
1761.90 feet; thence S00°00'11"W, 60.00 feet; thence WEST, 1763.36 feet; thence S83°21'33"W, 65.88
feet; thence N89°48'47"W, 40.18 feet to said east boundary; thence along said east boundary,
N00°11'1 VE, 76.39 feet to the POINT OF BEGINNING, containing 2.601 acres. All according to the
Subdivision Plat of Kalispell North Town Center - Phase 1 filed as Document No.
EASEMENT #6 DESCRIPTION:
An access, drainage, and grading easement located on a portion of Tract-1 of Certificate of Survey 6643,
recorded in the office of the Flathead County Clerk and Recorder, located in the northwest quarter of
Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly
described as follows:
Commencing at the west quarter corner of said Section 30, thence along the mid -section line of said
section 30, 1338.90 feet to the center -west sixteenth corner of said Section 30; thence N00023'35"W,
31.92 feet; thence N89°36'32"E, 70.18 feet to the POINT OF BEGINNING; thence N00°23'28"W, 15.00
feet; thence N89036'32"E, 125.69 feet; thence N16°37'38"E, 23.32 feet; thence N00°28'33"W, 159.49
feet; thence N10°28'12"E, 824.68 feet; thence N13021'20"E, 191.72 feet; thence NORTH, 101.45 feet;
thence EAST, 202.31 feet; thence SOUTH, 149.05 feet; thence S13°21'35"W, 1060.98 feet; thence
S25°48'18"W, 126.34 feet; thence S89°36'32"W, 227.25 feet to the POINT OF BEGINNING, containing
5.631 acres. All according to the Subdivision Plat of Kalispell North Town Center - Phase 1 filed as
Document No.
EASEMENT #7 DESCRIPTION:
A drainage and grading easement located on a portion of Tract 1 of Certificate of Survey 12458, recorded
in the office of the Flathead County Clerk and Recorder, located in the southwest quarter of Section 30,
Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as
follows:
Commencing at the west quarter corner of said Section 30, thence along the mid -section line of said
section 30, 1338.90 feet to the center -west sixteenth corner of said Section 30; thence along the sixteenth
line, S00°23'35"E, 691.18 feet to the POINT OF BEGINNING; thence N89°36'32"E, 102.69 feet; thence
S13046'41"W, 55.53 feet; thence S00°53'22"W, 139.02 feet; thence S7022'49"W, 137.62 feet; thence
S7004'28"W, 133.79 feet; thence S00015'41 "E, 172.15 feet; thence S89037'44"W, 49.58 feet to the
sixteenth line; thence along the sixteenth line, N00023'35"W, 633.97 feet to the POINT OF BEGINNING,
containing 1.013 acres. All according to the Subdivision Plat of Kalispell North Town Center - Phase 1
filed as Document No.