Loading...
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"). p 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 y Catherine R. Baier, President Jai es H. Patric , City g Ci Manager STATE OF MONTANA ss, County of Flathead Attest: Theresa White, Ci This instrument was acknowledged before me on the ja:fday of September, p s 2008) by Catherine R. Baier, President of Grosswiler Dairy, Inc. z �¢ — " �� .... w r �s R Printed Name: i a s Notary Public f r the State of Montana ®: :. Residing Montana �mA � wm- M comssion e� fires •� f commes STATE OF MONTANA : ss. 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: Printed'-"' 'pr Wow,_ *� � �` � . Notary Public for the State of Montana 3 � Residing g at , Montana ,, w My commission expires °P .ew %1% I.-, 0>10., .� R �� � vas •R•e•p� r I� 4011i11 II II IIii !! ii IIII 200800026045 Page: 3 of 3 Fees: $ 21.00 Paula Robinson, Flathead County MT by ]S 9 f 17 f 2008 4:44 PM