ROW Easement Agreement/Grosswiler DairyReturn to:
Charles Harball
City Attorney
201 First Avenue East
Kalispell, Montana 59901
PI 111111111 IN Fee.�Sz10oQ=
Paula Robinson.- Flathead County MT by ]5 9/17/2008 4:44 PM
RIGHT of WAY EASEMENT AGREEMENT
0
RIGHT OF WAY EASEMENT granted this V�--=day of September 2008 by
Grosswiler Dairy, Inc., a Montana corporation with its principal place of business in
Flathead County, Montana herein "Grosswiler" to the City of Kalispell, Montana a
0 political subdivision of the State of Montana(herein "City").
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Recitals
Grosswiler owns the real property described as Parcel I and Parcel 2 on
Certificate of Survey No. 1844 6 S as recorded in the records of Flathead
County, Montana;
Grosswiler has agreed to grant an easement to the City for the purpose of
constructing public rights of way as set forth below; and
The City has agreed to accept said easement according to the terms set forth
below.
NOW, THEREFORE, for good and valuable consideration, including the
prospective benefits to be derived by reason of locating, establishing, constructing and
maintaining the public rights of way as described below, Grosswiler and the City agree as
follows -
I . Grant of Right of Way Easement. Grosswiler hereby releases and
conveys to the City an easement for a right of way for public roadways
known as Tirnberwolf Parkway and Stillwater Road, as depicted on
Exhibit A attached hereto and incorporated herein by reference, over and
across the real property described as follows:
That portion of the Southwest Quarter of the Southwest Quarter of the
Northwest Quarter and the Northwest Quarter of the Northwest Quarter
of the Southwest Quarter of Section 36, Township 29 North, Range 22
West, P.M.M., Flathead County, Montana, described as follows:
Beginning at the southwest corner of the Southwest Quarter of the
Southwest Quarter of the Northwest Quarter of Section 36, Township 29
North, Range 22 West; thence along the west line of said aliquot part,
North 00°04'04" West 661.40 feet to the northwest corner thereof.,
thence along the north line of said aliquot part, North 89°58'55" East
662.08 feet to the northeast corner thereof; thence along the east line of
said aliquot part, South 00°04'29" East 33.67 feet; thence parallel with
the north line of the above said aliquot part, South 89°58'55" West
557.00 feet; thence South 46°05'14" West 90.24 feet; thence parallel
with the west line of said aliquot part, South 00004'04" East 565.17 feet
to a point on the north line of the Northwest Quarter of the Northwest
Quarter of the Southwest Quarter of Section 36, Township 29 North,
Range 22 West, said point bearing Sofith 89°59'54" East 40.00 feet from
the northwest corner thereof; thence parallel with the west line of said
aliquot part, South 00°13'03" East 660.44 feet to a point on the south
line of said aliquot part; thence along the south line of said aliquot part,
North 89°55'26" West 40.00 feet to the southwest corner thereof; thence
along the west line of said aliquot part, North 00° 13'03" West 660.39
feet to the Point of Beginning, containing 1.741 acres of land, more or
less, and shown as Parcel 1 on Certificate of Survey , records
of Flathead County, Montana.
2. Purpose. The easement and right of way conveyed and released by this
easement is for the sole purpose of allowing the City to locate, establish,
construct and maintain over and across the above -described real property
the public roadways shown on Exhibit A. The parties further agree that
the City may locate underground public utilities under and across the
above -described real property. The parties also agree that Grosswiler may
access Timberwolf Parkway as shown on Exhibit A and, consistent with
City regulations in effect at the time, it may connect to public utilities
located in the easement for the purpose of serving other real property
owned by Grosswiler.
3. Future Dedication. Grosswiler agrees to dedicate the above -described real
property to the City as public roadways as part of any subdivision plat that
it submits in the future for the real property described as Parcel 1 and
Parcel 2 on Certificate of Survey to the City pursuant to Title
76, Chapter 3, MCA.
4. Inurement. This Agreement shall be binding on the parties hereto, their
successors and assigns.
1111 IN Page°zo„°�
Paula Robinson., Flathead CoU„ty M. by Is Fees: P,<as M
IN WITNESS WHEREOF, the parties have executed this Agreement effective the
day and year first above written.
GROSSWILER DAIRY, INC. CITY OF KA.LISPELL,
MONTANA
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Catherine R. Baier, President Jai es H. Patric , City g Ci Manager
STATE OF MONTANA
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County of Flathead
Attest:
Theresa White, Ci
This instrument was acknowledged before me on the ja:fday of September,
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2008) by Catherine R. Baier, President
of Grosswiler Dairy, Inc.
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Notary Public f r the State of Montana
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STATE OF MONTANA
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County of Flathead
On this � :� �� day of September, 2008 before me, a Notary Public for the State
of Montana, personally appeared JAMES H. PATRICK and THERESA WHITE,
s-► t'b%-" 11*-.L s r YE. 1 i 6' 16.Y1nowr to Y�1 ,'o +e, �r�� anC't Clerk, resecve,oft�;+y oy-
Kalispell, Montana, and acknowledged to me that they executed the foregoing
instrument.
Name:
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Notary Public for the State of Montana
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Page: 3 of 3
Fees: $ 21.00
Paula Robinson, Flathead County MT by ]S 9 f 17 f 2008 4:44 PM