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HomeMy WebLinkAbout98- Aldworth Trail Corridor Access Easement Agreement, 1998 ~; ... FILM 193 PACE 363 TRAIL CORRIDOR ACCESS EASEMENT AGREEMENT THIS AGREEMENT is made by and between Jeffrey R. Aldworth and Debra C. Aldworth, whose address is 709 South Sixth A venue, Bozeman, MT 59715, hereinafter referred to collectively as the GRANTORS, and the City of I3ozeman, a municipal corporation of the State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59715, hereinafter referred to as the GRANTEE. The GRANTORS own as tenants-in-common certain real property in Gallatin COlltlty, Montana, which is more fully described in Exhibit "A" attached to this Trail Corridor Access Easement ( and hereafter referred to as the "real property"). In consideration for the sum of Ten Dollars ($10.00), and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTORS, Jeffrey R. Aldworth and Debra C. Aldworth, hereby grant unto the GRANTEE, the CITY of BOZEMAN, MONT AN A, a certain twenty-foot (20') wide right-of-way easement across the real property described in Exhibit "A" as a perpetual trail corridor access easement for the benefit of the GRANTEE and the general public. A plat map showing the approximate location of the trail corridor access easement is also attached as Exhibit "B". It is agreed and understood by and between the parties hereto that the grant of the trail corridor access easement by the GRANTORS to the GRANTEE is subject to the following terms and conditions. I. The easement shall be twenty feet (20') wide through the real property and any trail constructed along the easement shall be no more than five feet (5') wide. 2. The GRANTEE, or its agents, has the following rights regarding this easement: To layout, mark, develop, construct, maintain or relocate a trail or footpath; to make minor topographical changes to the real property for the necessity and convenience oflocating the trail; to post signs marking the trail; to enter upon the property for all reasonable and necessary maintenance in connection with the trail; and to manage vegetation through selective planting or removal of trees or exotic or nuisance plant species in order to maintain and enhance the scenic, natural and ecological value of the trail corridor. GRANTEE will be responsible for the control of all noxious weeds within the easement boundaries in accordance with the GRANTEE'S Adopt-a-Park or Trail Program. A copy of the GRANTEE'S Adopt-a-Park or Trail Program document is attached hereto as Exhibit "C". 3. This easement shall permit the general public, in perpetuity, access over and across any trail or footpath located within the trail easement corridor; however, the general public shall be limited to access by foot or any other non-motorized means. Motor vehicles of any kind shall be prohibited from using this easement, except for (1) propelled or battery powered wheelchairs, (2) vehicles used by the GRANTORS (3) vehicles used by the Gallatin Valley Land Trust for construction or maintenance of the trail. 4. No fees may be charged by the GRANTORS for the use of this easement by the general public. The GRANTORS shall enjoy the limitations on legal liability involving recreational use of the easement or trail as provided for in Sections 70-16-301 and 70-16-302, Montana Code Annotated. Notwithstanding the foregoing sentence, the GRANTEE agrees to indemnify and hold harmless (i RANTORS from any loss, damage, injury or death arising from any act or omission of GRANTEE, GRANTEE'S invitees, licensees, employees, or agents, to the person or property of GRANTORS and their shareholders, officers, directors and employees, and to the person or property of any other individual, firm, partnership, corporation or other entity, including any governmental entity, while on or near the above-described trail corridor access easement. 5. The GRANTORS represent that they own the real property described in Exhibit "A" in fee simple and that they have full legal authority to transfer this casement without lien or encumbrance to the ','" r1l~ 193 ?~U 364 GRANTEE. The GRANTEE may enforce any of the provisions of this easement by appropriate action in law or equity. 6. The GRANTEE hereby agrees and acknowledges that the GRANTORS retain a right-of-way in perpetuity to cross over and through the trail corridor access easement described above for the purposes of ingress, egress, the construction of a roadway and the placement of underground utilities. The location of this right-of-way shall be determined by GRANTORS at a future date selectcd by GRANTORS to aid in the development of GRANTORS' lands over which the trail corridor access easement crosses. 7. The GRANTEE further agrees and acknowledges that the GRANTORS also retain the right in perpetuity to relocate (but not terminate) the trail corridor access easement described above in order to aid in the development of GRANTORS' lands over which the trail corridor access easement crosses. GRANTORS shall give reasonable notice to GRANTEE of it intention to relocatc the easement. In the event the trail corridor access easement is relocated, the relocated easement shall enjoy the same rights as described in paragraph #2 supra. 8. The tcrms, covenants and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. 9. GRANTEE further agrees and acknowledges that the GRANTORS' grant of this trail corridor access easement described above is conditional on the GRANTEE'S (through the Bozeman City Commission) acceptance of the property included in this easement as dedicated park land and/or open space in proportionate satisfaction of park and/or open space requirements that the GRANTEE may impose as part of any plat approvals or other land use permits that GRANTEE may issue in connection with GRANTORS' future development of GRANTORS' property described in "Exhibit A". In the event that the GRANTEE does not allow the GRANTORS to use this trail corridor access easement as a proportionate satisfaction of any and all park and/or open space dedication requirements that GRANTEE may require as part of any plat approvals or other land use permits that GRANTEE may issue in connection with GRANTORS' future development of GRANTORS' property described in Exhibit "A", then the grant of this trail corridor access easement shall terminate immediately and all of GRANTEE'S interest in said trail corridor access easement shall be extinguished and all rights therein previously enjoyed by GRANTEE under this Agreement shall revert to GRANTORS. DA TED thiS.-'-~-~~nnmn-- day of E~~_., 1998. GRANTORS: iI&~~~-----------------______m "... I /1 filM 193 PAtE 365 _~":_^_K~jclt___{~:____f2L~t{(!:€'kfZn____ DEBRA C. ALDWORTH STATE OF MONTANA } } ss. COUNTY OF GALLATIN} On this ___L~_~~_____ day of __E~______., 1998, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Jeffrey R. Aldworth and Debra C. Aldworth, known to me to be the persons whose names arc subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of themselves. IN WITNESS WHEREOF, I have set my hand and affixed my Notarial Seal the day and year first above written. ,>:';-';,' , :... ....- .. . ,/ ~_~__~kcAk___________ .' ~... , ~, J"'-""'''''''''' ~. ~ ~ . .) ;: j ^\--,/.:.::; III ~ . "<~" c'" , '." ~ ~ .>:,'!''' ~ Notary Pu~li~ for the.State ofMo1}t;n~ ~siding at Bozeman My CommIssIon Expires atn__B/-.!_"~-I_{2-L__------- ..... r. ,I'" ACCEPTED this __.._____2mL____~_________day of .____Mar:cb._____..., 1998. GRANTEE: -'::"-=:-~::~_h-:-~-::-:::::-~::; CITY MANAGER ATTEST: Q 4 ~ c:i /J /1/1 0 -~----------~.._.... Robin L. Sullivan Clerk of Commission STATE OF MONTANA } } 5S. COUNTY OF GALLA TIN } , \. . 4~ ~-'Jr:d_,(7./''--_ f1lM~93~n 39i On this mnm_m_mm_m_ day of ____Z_"m_'-_~"_m__m_m,T"-: 1998, b7~Or ,me, the undersigned, a Notary. .jP" u~Iicror LIfe Sta~l1of~ont:na:. p,ersonalIy appeared _LJ:.d."(-L!.._L_~c" '_~~L'=,,2L~'.:-:::"____mmm..._ and ..z.t:';"$."~I...__.4_h__~~;(Cn=:t-~'-n--m.-mnm--, known to me to be e City Manager and Clerk of Commission, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ~.- .- (-- ! . . ,...,.' ( / j _ __~~t:.L____f.::~~-:l::~:!~~~~__.::!~~:-:':~~~~:::::-________ // Notary Public for the State ~ MonJan,a (csidins atBozemall .." ...;.r, .-/0 -~,.. (, " - My CommissIon Explres--- ~_.m__n__2__m____"__m__m " ,,; filM 193 PAtE 367 "Simkins Spur Trail Easement" Conveyed by thellL.[)woKTH F./Jf1/ L( To the City of Bozeman as part of the "Main Street to the Mountnins" Community Trail Network in Bozeman, Montana. .. May 20, 1997 The following is a centerline metes and bounds survey description for a 20 foot wide trail easement across a parcel ofland owned by the Graf family, platted as remainder lot to the immediate South of Electric Heights Addition. This parcel is located in the SE Yo Section 8, Township 2 South, Range 6 East, M.r.M., Gallatin County, Montana. Bcginning lit a point on the northcrn propcrty boundary, approximately 451 fect west along the property line of the centerline intersections of 4'h avenue SE and 19" Street SE, thence South 4 degrees 33 minutes, 70 feet to a drainage, South 24 dcgrees 14 minutes East, 73 feet, South 33 degrees 14 minutes East; 114 feet, South 10 degrees 27 minutes East, 46 feet, To end of easement being the Northwest Corner of property as platted in l300k 151 pAge 158, GallAtin County Clerk And Recorder, Montana, and generally described AS the NOlthwest property corncr of thc Lozono Trust Property and the Church Street Right-of-Way easement. [Sce map Exhibit A.] b. Y.H II> IT /Ij} /I ",,,,u!f 116-231 124-40 11'm~M, !l56,!l!l8,559PLAT 18 '",90,' 58 nG.ll SE 1/4..,-.SECT,ION 18, : 203 'll' 8f.'T~".(lI"'~ .f' BLOCK 211". 2. SO VALLEY . ESSW"s1 ,(..... ..... , JIl :> . I . . . . .. sr c.,.., SI"/1 Nt v. nc." UN 40ft STO l:llh SIr. 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'0.00 ftl\" '''I 9f",259,261PlAT 2/lfm '71' 29fm 189 "'Fm712 3zrm HlIO 451'",2001 86 I'm 2620 CITY OF BOZEMAN, MONTANA Parks Department filM 193?lt[ ..Jm Adopt A Park or Trail Program Adoption Agreement: Terms and Conditions The City of Bozeman, hereinafter called the "City", and hereinafter called the "Group", recognizing the need and the desirability of well maintained, litter-free parks and trails, are entering into this Agreement to permit the Group to contribute toward the effort of preserving well maintained, litter-free parks and trails. By signature below, and in consideration of permission to participate in this program, the Group acknowledges the hazardous nature of the work and is agreeable to the following terms and conditions: 1. The Group agrees to indemnify and hold harmless the City of Bozeman and its employees from any and all liability, judgments, costs, expenses and claims of any nature whatsoever to any person or property arising out of the performance or nonperformance of their work. 2. Participants in the Group agree to obey and abide by all laws and regulations relating to safety as required in the City Park Regulations and the terms of this agreement. 3. The Group shall appoint or select a leader to serve as spokesperson for the Group. 4. When participants are 15 years of age or younger, the Group shall furnish adult supervision equal to one adult per each ten participants. 5. The Group shall be required to adopt for a minimum period of two years. 6. The Group may not subcontract or assign its duties or responsibilities to any other group, organization or enterprise. 7. The Group shall pick up litter and maintain facilities a minimum of two times a year including the annual spring cleanup day, and a second cleanup during or at the end of high use season. 8. If possible, the City Parks Department will arrange for the County Weed Control agent to meet the Adopt a Park or Trail group for a brief weed education session prior to clean-up. Volunteers are asked to participate in weed control OVER :. ) EXHIBIT "C" . ~- filM 193 ?ACE370 efforts along trails by chopping weeds in the trail right-of-way with shovels and hoes. Noxious weeds should be identified so that they can be pulled and bagged separately for proper disposal Qi1QL to chopping and tossing of plant material. Appropriate weed removal procedures for Parks will be specifically described. 9. Adopt.A-Trail volunteers are also asked to eliminate any trail ruts by raking. Volunteers are asked to trim encroaching branches using the edge of the trail as a guideline. 10. No rebuilding or change in the park or trail can be conducted without prior consultation and approval from the City Parks Department. Such projects might include sign or bench repair, erosion control through culverts or water bars or rerouting. Any projects involving rebuilding or restoration of facilities are not viewed as normal Adopt a Park or Trail responsibilities, and can be pursued only with prior consultation and approval. 11. Each Group shall be responsible for maintaining a first-aid kit and adequate drinking water while working on the adopted area. 12. Each Group or Group leader will be responsible for prohibiting participants from either possessing or consuming drugs or alcoholic beverages during the trash pickup or other maintenance/beautification work. Each Group shall review and sign individually the hold harmless agreement provided on the back of the cleanup report. 13. The activities shall be limited to maintenance, weed removal, and cleanup of existing improvements, unless otherwise agreed upon by the parties involved and covered under the agreement. 14. The Group leader will submit a brief report to the Park Superintendent after each cleanup activity on the form provided. 15. No person shall be denied the opportunity to participate in this program because of their race, color, religion, creed, sex, age, marital status, national origin, political ideas or disability. 16. Additional terms and conditions of this agreement: -.-- fll ~ 193 r~n371 Application for Participation in Adopt-A-Park or Trail Name of Organization Name of Adopt-A-Park or Trail leader President, Chairman, etc. Mailing address Mailing address City, State, Zip City, State, Zip Day phone Evening phone Approximate number of people participating in each cleanup or work activity: ~ Park or trail you are interested in adopting: Park: Trail: Authorized Signature Date Mail this form to: John McNeil, Park Superintendent P.O. Box 640 Bozeman, MT 59771 (406) 582-3200 The Parks Department recognizes the Group as the adopting organization for and the Group accepts the responsibility of park or trail maintenance, weed control and pickup of litter in this area, beginning , 19~ and ending , 19 Park Superintendent Date ()\lER , ... ~,......r;.. , . '- The City agrees to accomplish the following: fiLM 193 PACE 372 1. Work with the Group to determine the specific section of public property or right-of-way to be adopted. 2. Erect a sign at each end of adopted trails in accordance with City regulations. 3. Provide trash bags for the Group. 4. Remove the filled trash bags following the pickup, with notification given by the Group to the Parks Department identifying the location of such refuse bags, If, in the sole judgment of the City, it is found that the adopting group is not meeting the terms and conditions of this Agreement, upon thirty (30) days' notice, the City may terminate the adoption agreement and remove the signs. This Agreement may be modified in scope or altered in any other manner at the sole discretion of the City. The City reserves the right to modify or cancel the program at any time, and for any reason, at the sole discretion of the City. /] .....~~. :.,,;:,. ,,1 . . .,~'.:'~ .:\t~.~.--:!;t.. ~~ . jo.. . .. ~ " -, , . ,. .. fltM 193~t[ 373 In consideration of permission to participate in the Adopt a Park or Trail Program, the undersigned agree to indemnify and hold harmless the City of Bozeman, its officers, agents, and employees, against and from any and all actions, suits, judgments, claims, demands, costs, expenses (including attorney's fees) and liabilities of any character whatsoever, brought or asserted for injuries to, or death of any person or persons or damages to property arising out of, resulting from, or occurring in connection with this Adopt a Park or Trail program. ''''DEXED ~ ~- (Note: If participant is under the age of 1S, parent or guardian must sign.) 'PLAne 0 (.; V 380833 State If Mont., County of GaIJIII... Filed for I'MOft DECEMBER 24 .19.1.L- at 9 : 41 16l., and 1'8COIlIld. Iloot ,19.J" (j '!J MI SCELLANEOUS page 363 ~Ju::lhy Qlaf144 . 1Ioordar" ,,~ Old a (I{,~ Deputy FEE: $66.00 RT: CITY OF BOZEMAN