Land deal finalized for new high school

Sixty acres of school trust land at the corner of West Reserve Drive and Stillwater Road is now officially available to build the new Glacier High School northwest of Kalispell.

After weeks of negotiations with the state Department of Natural Resources and Conservation, school trustees voted Tuesday night to accept an easement deed for the parcel,

The school did not get all the assurances it had hoped for - among them a mutual agreement for the DNRC and the school not to hold each other liable for potential environmental problems, and specific language granting access to the property and giving the school exclusive rights to use of the property.

But, Superintendent Darlene Schottle told the school board, the agreement is vastly improved over the original draft.

The department is charged with managing the state-owned land to generate revenue for public schools.

Thus, it did not sell the land to the school or even grant a permanent lease, but crafted this easement to give the school exclusive rights to use the land.

It does, however, reserve the state's right to use it or grant someone else the right to use the land for anything that it deems to be a "nonconflicting use."

There's no limit on the length of the easement, other than a clause noting the state "may terminate this easement for a material breach" of terms in the agreement.

The consensus on the board was the school has little reason to worry about the intent or execution of the lease.

Still, trustees analyzed potential pitfalls.

Despite the termination clause and a chance that the state's trust-land philosophy could change, the trustees agreed they likely would have "squatter's rights" with the school in place and operating.

And, despite an extensive legal description of the land, a question arose over the term "60.00 acres, more or less."

"Is it more, or is it less?" trustee Keith Regier asked.

Schottle and District Clerk Todd Watkins agreed that should not be cause for concern.

"I'd be more concerned about the phrase that lets the grantor [DNRC] revoke the easement if they think the contract is breached - with notice, though," board chairman Don Murray said.

"Also, nothing prevents them from leasing their remaining land for any 'nonconflicting' use," Murray added.

Noting the gray area that makes this "not really an easement and not really a lease," and school attorney Jeff Hindoien's view that holding out for further concessions or clarification would cause delays that would back up an already-tight construction schedule, the board agreed unanimously to the easement deed.

The school will pay $600,000 for the easement - $6,000 already paid for the option, and the remaining $594,000 delivered to DNRC on Wednesday.

In addition, the school is paying $1,500 for a title search to gain clean title to the land.

Reporter Nancy Kimball can be reached at 758-4483 or by e-mail at nkimball@dailyinterlake.com