HomeMy WebLinkAbout98- Graf Trail Corridor Access Easement Agreement, 1998
TRAIL CORRIDOR ACCESS EASEMENT AGREEMENT
r!L" 193 ~:i~E :328
TH[S AGREEMENT is made by and between Eugene Graf III, Yvonne Graf Jarrell, and the Estatc of
Teresa Gcnevieve S. GraC wl)ose address is 220 West Lamme Street, Bozeman, MT 59715, hereinafter
referred to collectively as thc GRANTORS, and the City of Bozeman, a municipal corporation of the State
of Montana, with officcs at 4 II East Main Strcet, I3ozeman, Montana 59715, hereinafter referred to as the
GRANTEE.
The GRANTORS own as tenants-in-common a certain tract ofland being a portion of GraPs Fourth
Addition to the City of Bozcman, situatcd in the Southwest Quarter of Section 19, '['ownship 2 South,
Range 6 East, P.M.M., City of 13ozeman, Gallatin County, Montana, which is more fully described in
Exhibit "A" allached to this Trail Corridor Access Easelnent ( and hereafter referred to as the "real
property"). [n consideration for the sum of Ten Dollars ($ [0.00), and other good and valuable
consideration, receipt of which is hereby acknowledged, the GRANTORS, Eugene OrafIII, Yvonne Oral'
Jarrell, and the Estate of Teresa Genevieve S. Graf, hereby grant unto the GRANTEE, the CITY of
BOZEMAN, MONTANA, a certain right-of-way casement across the real propcrty described in Exhibit
"A" as a perpetual trail corridor access easement for the benefit of the GRANTEE and the general public.
A plan Inap showing the approximate location of the trail corridor access easement is also allached as
Exhibit "[3".
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. Any trail constructed along the easement shall be no more than five fcet (5') wide.
2. The GRANTEE, or its agents, has the following rights regarding this easement: Tolay out, mark,
develop, construct, maintain or relocate a trail or footpath; to make minor topographical changes to
the rcal property lor the necessity and convenience of locating the [rail; to post ~:igns marking the
trail; to cntcr upon the property for all reasonable anclnecessary maintenance in connection with the
trail; and to manage vegetation through selective planting or removal of trees 01 exotic or nuisance
plant species in order to rnaintain and enhance the scenic, natural and ecologicai 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 ballery powered wheelchairs, (2) vehicles used
by the GRAN'rORS (3) vehicles used in the 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 70-16-30 I and 70- I 6-302, Montana Code Annotated.
Notwithstanding the foregoing sentence, the GRANTEE agrees to indemnify and hold harmless
GRANTORS 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 thc 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 easement without lien or encumbrance to the
filM 193P~.CE 329
GRANTEE. The GRANTEE may enforce any of the provisions of this easement by appropriate
action in law or equity.
6. The GRANTEE hereby agrces and acknowlcdges that the GRANTORS retain a right-of -way in
pcrpetuity to cross over and through the trail corridor access easement described above for the
purposes of ingress, egress, thc construction of a roadway and the placement of underground
utilities. The location of this right-or-way shall be determined by GRANTORS at a future date
selected by GRANTORS to aid in thc development of GRANTORS' lands over which thc trail
corridor access casement crosses.
7. 'l'he GRANTEE further agrees and acknowledges that the GRANTORS also rctain 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 noticc to GRANTEE of it intention to relocate the
casement. I n the event the trai I corridor access easement is relocated, the relocated easement shall
enjoy the same rights as described in paragraph #2 supra.
8. The tenns, covenants and provisions of this casement 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 GRANTORS grant of this trail corridor access
easement described above is conditional on the GRANTEE'S (through the Bozeman City
Commission) acceptancc of the property included in this easement as dedicated park land and/or
open space in proportionatc satisfaction of park and/or open space requircments that the
GRANTEE may impose as part of any plat approvals or othcr land use permits that GRANTEE
may issue in connection with GRANTORS' future development ofGRA,NTORS' property
described in "Exhibit A". In the event that the GRANTEE does not allow the GRANTORS to use
this trail corridor access casement as a proportionate satisfaction of any and all park and/or open
space dedication requireml.:nts that GRANTEE may rcquire as part of any plat approvals or other
land use pcnnits that GRANTEE may issue in connection with GRANTORS' futurc development
of GRANTORS' property described in Exhibit "A", thcn 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 previously cnjoyed by GRANTEE under this
Agreement shall revert to GRAN'rORS.
71L'.
DATED thismnLC?-------m day ofE<f:(f.--mnmm, 19~1~
GRANTORS:
ESTATE OF TERESA GENEVIEVE S. GRAF
STATE OF MONTANA }
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COUNTY OF GALLATIN}
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On this ________m~___~__ day of ___________________._-n-, 19-m--, e ore me, the un erslgned, a Notary
Public for the State of Montana, personally appeared Eugene Oraf 111, in his individual capacity, Yvonne
Graf Jarrett, and Eugene Oral' III, known to me to be the Personal Representative of the Estate of Teresa
Genevieve S. Graf, and collectively the persons whose names are subscribed to the within instrument, and
acknowledged to me that they cxecuted the same lor and on behalf of thcmselves and the Estate of Teresa
Genevieve S. Graf.
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IN WITNESS WHEREOF, I havc set my ha ld and affixed my Notarial Scalthe day and year fji~!.~~~ <<"",;,
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Notary Public for the State of Montana, residili~,-gQzen <lb..... '>:> _,0:
My Commission Expires at--m:11J..\.--l-~O.u:~;--:.fK' 'l'~\\'\ ."..,,-
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ACCEPTED this ____m_TUb_n_mmm__day of __J,gRntqXL__m, 19-9fL.
GRANTEE:
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ATTEST:
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fILM 193 PACf 331
Robin L. Sullivan
Clerk of Commission
STATE OF MONTANA }
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COUNTY OF GALLATIN }
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On tlllS ____mm,______________ day of ---- . m__mO,__m_ -- m:T'- ,.19- -- be~, me t,l,l"e, undersIgned a
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Notary P:\l-blic lo~ t11JtState of M?ntana, per~onally app' red mm!~L__~:~~~:,?:~~!=:_~m__m____m
and __'-ItL'-'d:."'-L_m~_:__~.ygfL~i'..7!:x~~___mm__m__, known to me to be ~~;; 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 saIne for and on behalf of the City of
Bozclnan.
IN WITNESS WHEREOF, I have hereunto set my hand and fi ed my Notarial Seal the day and year
first above written. t \ 1\
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EXHIBIT "A"
LEGAL DESCRIPTION
A troct of lond loacated in the South half of Section 19, T2S, R6E, PMM,
City of BozemQn, Gallatin County. Montona, being more particularly described
as follows:
Commencing at the South quarter of Section 19. and the True Point of
Beginning.
Thence along Soutt> section line of said sect ion N 89"18'4 7"W for 50.00 feet;
Thence N 00'20'05"[ ,jor 650.53 feet;
Thence N 00"09'37" E for 673.96 feet;
Thence N 09(32" W for 115.58 feet:
Thenee N 00"20'03" E for 598.18 feet;
Thence N 1.3'32'17" W for 163.87 feet;
Thence N 59'42'29" W for 220.67 feet;
Thence N 10.25'44" W for 197.93 feet;
Thence N 88.26'24" W for 73.75 feet;
Thence N 00'28'01" E for 35.36 feet;
Thence S 89~10'13"E for 390.37 feet;
Thence olong Mid-section line of said section S 00.11'17" E for 2534,17 feet
to the True POint of 8eglnning.
Said Tract 1 contoins 4.65 acres more or less. and is subject
to all easements of record,
EXHIBIT "A"
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193 PACE 332
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EXHIBIT "C"
CITY OF BOZEMAN, MONTANA
Parks Department
f Jl~ 193 PACE 334
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
filM -193P~t{ 33{j
efforts along trails by chopping weeds in the trail right-ot-way with shovels and
hoes. Noxious weeds should be identified so that they can be pulled and
bagged separately for proper disposal .QI.iQr to chopping and tossing ot plant
material. Appropriate weed removal procedures tor 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 ot 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?A~f 336
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
filM 193 rACE 337
The City agrees to accomplish the following:
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.
. .
. ' .
flL ~ 193 rACE 338
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.
INDEXED c:... I
(Note: If participant is under the age of 18, parent or guardian must sign.) pLATTED L /
380829
State of Mont., County of Gallatin. ss Filed for record DECE~BER 24 .19,1.L
at 9:37 AM and recorded in Book 193 of MISCELLANEOUS ~age 328 ..
.$f,d~. .;,,,,,,,,, Ilecorder. By ~ll1iJL(\'-W2JhUln Deputy
FEE: $66.00'
RT: CITY OF BOZEMAN