HomeMy WebLinkAbout98- Simgraf Corp. Trail Corridor Access Easement Agreement, 1998
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TRAIL CORRIDOR ACCESS EASEMENT AGREEMENT
fiLM 193 PACE 352
TillS AGREEMENT is made by and between SIMGRAF CORPORATION, whose address is 326
North Broadway, Bozeman, MT 59715, hereinafter referred to as the CRANTOR, and the City of
Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main Street, Hozeman,
Montana 59715, hereinafter referred to as the GRANTEE.
The C;RANTOR owns certain real property in Gallatin County, Montana, which is more fully described
in Exhibit "A" attached to this Trail Corridor Access Easement ( and hereafter referred to as thc "real
property"). In consideration for the sum ofTen Dollars ($10.00), and other good and valuable
consideration, receipt of which is hereby acknowledged, the GRANTOR, SIMGRAF CORPORATION,
hereby grants unto the GRANTEE, the CITY of BOZEMAN, MONTANA, a certain twenty-loot (20') wide
right-ot~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 orthe trail corridor access casement is also attached as Exhibit "8".
It is agreed and understood by and between the parties hereto that the grant or the trai I corridor access
casement by the GRANTOR to the GRANTTT is subject to the f(lllowing terms and conditions.
I. The easernent shall be twenty fect (20') wide through the real property and any trail constructed
along the easement shall be no more than five reet (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 f()otpath; to lTlake minor topographical changes to
the real property tor the necessity and convenience of locating the trail; to post signs marking the
trail; to enter upon the propcrty tor all reasonable and necessary rnaintenance in connection with the
trail; and to manage vegetation through selective planting or removal or 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 ror 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 docurnent is all ached hereto as Exhibit "C".
3. This easement shall permit the general public, in perpctuity, access over and across any trail or
(()otpath located within the trail easement corridor; however, the general public shall be limited to
access by toot or any othcr non-motorized means. Motor vehicles of any kind shall be prohibited
from using this casement, except for (I) propelled or ballery powered wheelchairs, (2) vehicles used
by the GRANTOR (3) vehicles used by the Gallatin Valley Land Trust for construction or
rnaintenance of the trai L
4. No fees may be charged by the GRANTOR tor the use of this easernent by the general public. The
GRANTOR shall enjoy the limitations on legal liability involving recreational use of the eascment
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 indemnity and hold harmless
GRANTOR {i'om 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 GRANTOR and
its 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 GRANTOR represents that it owns the real property described in Exhibit "A" in fee simple and
that it has full legal authority to transfer this easement without lien or encurnbrance to the
GRANTEE. The GRANTEE may enforce any of the provisions ofthis easement by appropriate
action in law or equity.
fILM 193 PA~f 353
6 The GRANTEE hereby agrees and acknowledges that the GRANTOR retains a right-of-way in
perpetuity to cross over and through the trail corridor access easement described above tor 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 GRANTOR at a future date
selected by GRANTOR to aid in the development of GRANTOR'S lands over which the trail
corridor access easement crosses.
7. The GRANTEE further agrees and acknowledges that the GRANTOR also retains the right in
perpetuity to relocate (but not terminate) the trail corridor access easement described above in order
to aid in the development of GRANTOR'S lands over which the trail corridor access easement
crosses. GRANTOR shall give reasonable notice to GRANTEE of it intention to relocate 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 GRAN'fEE further agrees and acknowledges that GRANTOR'S grant of the trail corridor
access easement described above is conditional on the GRANTEE'S (through the Bozeman City
Commission) abandonment of all of the public street and alley easements and right-of~ways held by
the GRANTEE shown on the plat map of the Electric Heights Addition, Blocks 22, 23 & 24, located
in the SEI/4 of Section g, Township 2 South, Range 6 East, M.P.M., Gallatin County, Montana.
The public street and alley easements and right-ot~ways to be abandoned by GRANTEE include, but
arc not limited to, the remainder of 4lh Avenue SE (also known as Ida Street) between Burke Park
south to the tcrminus of the 4th Avenue SE right-of-way. GRANTOR shall file an Application for
Street/ Alley Vacation with the Bozeman City Commission to seek the GRANTEE'S abandonment
of 4th Avenue SE on or before June 2, 1997 or as soon thereafter as practicable. In the event the
atorementioned 4'h A venue SE right-of-way is not so abandoned by GRANTEE or in the event other
public street and alley easelnents and right-of-ways are discovcred subsequent to the date this
Agreement is entered into and not abandoned within a reasonable time by the GRANTEE, then the
trail corridor access easement granted by GRANTOR shall be terminated and all of GRANTEE'S
rights in such easement shall revert to GRANTOR.
9. The terms, 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.
10. GRANTEE further agrees and acknowledges that the GRANTOR'S grant of this trail corridor
access casement described above is conditional on the GRANTEE'S (through the Bozeman City
Commission) acceptance ofthe 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 pmi of any plat approvals or other land use permits that GRANTEE may issue in
connection with GRANTOR'S future development of GRANTOR'S property described in "Exhibit
A". In the event that the CiRANTEE does not allow the GRANTOR to use this trail corridor access
easement as a proportionate satisfi.tCtion of any and all park and/or open space dedication
requiremcnts that GRANTEE may require as part of any plat approvals or other land use permits
that GRANTEE may issue in connection with GRANTOR'S future development of GRANTOR'S
property described in Exhibit "A", then the grant ofLhis trail corridor access easement shall
terminate immediately and all of GRANTEE'S interest in said trail corridor access easement shall
be cxtinguished and all rights therein previously enjoyed by GRANTEE under this Agreement shall
revert to GRANTOR.
'"
.,
f lL'-' 193 rAtE 354
DATED this---lo.-~---------- day of -a-~-----, 191~.
GRANTOR:
SIMGRAF CORPORATION
By:___WkV)-jjJ=__f;t-__kLt-
TITLE: ___UJ.Lf.,&t__lfJP~'LJ:..__________________
STATE OF MONTANA
} ss.
COUNTY OF GALLATIN}
On this ___IQ_:.:______ day of -EW~!6-~~--~--7, 19.2~-.,bcfo,re me, the undersigned, a Notary Public
for the Sq,te of Montana, personally appeared _\Z.)_~U~~__"Sl~f::._..'-,,-___________, known to me to be the -----
Jnc;.._~"_rX~"_":-c'L_________ of the Simgraf Corporation and the person whose name is subscribed to the
within instrument, and acknowledged to me that he executed the same f(.>r and on behalf of the Simgraf
Corroration.
IN WITNESS WHEREOF, I have set my hand and affixed my Notarial Seal the day and year first above
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Nota? Pu~li~ for the .State of [\;19nt<:!!..lajresiding at Bozeman
My CorTIlmsslOn Expires at---B/l'~-I-QL------------
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....~~:CFPTED this ___________Eth_____________day of ____.E~b..nu,L(1----, 19-9-8-.
GRANTEE:
-1--~-------------::_ CITY MANAGER
ATTEST:
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filM 193 PAc[ 355
Robin L. Sullivan
Clerk of Commission
STATE OF MONTANA }
} ss.
COUNTY CW GALLATIN }
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. n 11S _________n_________nn ay 0 ___~.,.z:~L____""___,,:__ n____ --. . n---,11.) e me, ...leun elslgne ,a
Notary~~blic for t~ State (,x'Mpptana, per~onally appea ed --22.-tJ.u..J.-'C,iL7 _$.:!s-~U~__________n.nn
and LL~I.L&.'-___~L__&-,=-Lt:.'.'_~_______nnn____, known to me to be c City Manager and Clerk of
COlllmission, respectively, of the City of Bozeman and the persons whose names arc subscribed to thc
within instrurnent, and acknowledgcd to me that they executed the sallle for and on behalf of thc City of
Bozeman.
IN WITNESS WHEREOF, J have hereunto selmy hand an 'af'fixed my Notarial Seal the day anqyear
first above writtcn. \.i'~' '
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...____' Notary Publi~ forthe .State of 1v!~J!~~a:',r~)l:t!~Qt B,"L~map .:;-
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"Simkins Spur Trail Easement"
Conveyed by the Simldns Family
To the City of Bozeman as part of the
"Main Street to the Mountains" Community Trail Network
in Bozeman, Montana.
May 20, 1997
f1L~193(~n 356
The following is a centerline metes and bounds survey description for a 20 foot wide trail easement across
a parcel of land owned by the Simkins family, platted as Electric Heights Addition, specifically Blocks 22,
23 & 24 and Streets 161h, 17'h & 18'h SE. This parcel is located in the SE 'Ii Section 8, Township 2 South,
Range 6 East, M.P.M., Gallatin County, Montana.
I3eginning at a point described as the centerline intersection of 16'h Street SE and 4'h A venue SE, also
described as point #65 on COS 1778, thence:
South 41 degrees 28 minutes West, 164 feet, thence
South 37 degrees 12 minutes West, 50 feet, thence
South 22 degrees 8 minutes West, 76 feet, thence
South 51 degrees 0 minutes West, 145 feet, thence
South 16 degrees 59 minutes West, 54 feet to a ridge, thence
South 5 degrees 27 minutes West, 31 feet, thence
South 10 dcgrces 22 minutes East, 30 feet, thence
South 48 degrees 48 minutes East, 100 feet to a ridge, thence
South 45 degrees 47 minutes West, 36 feet to a draw, thence
South 67 degrees 22 minutes West, 50 feet, thence
South 57 degrees 181millutes West, 181 feet, thence
South 72 degrees 45 minutes West, 33 feet, thence
South 53 degrees 34 minutes West, 78 feet, thence
South 33 degrees 32 minutes West, 58 feet, thence
South 15 degrees 22 minutes East, 50 feet, thence
South 14 degrees 12 minutes East, 14 feet, thence
South 48 degrees 34 minutes East, 184 feet to a ridge, thence
South 48 degrees 34 minutes East, 185 feet,
South 3 degrees 2 minutes West, 58 feet to a point on South 191h Street 5E, that poirll on the southern
propert(,' boundary, also being approximatley 451 feet west of the centerline intersections of 41h avenue SE
and 19" Street SE (See Exhibit A).
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CITY OF BOZEMAN, MONTANA
Parks Department
{J1." 193 J
II~,,' fAtE 58
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 "e"
.. . 1Ir'-'~
fiLM 193?AtE 359
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 Q.dQL to chopping ;:Ind 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:
}.;. -
fit ~ 19 3 ?~tf 360
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
City, State, Zip
Mailing address
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
o'~n.
""~")~:>
A~;j, .)'
~ .""
The City agrees to accomplish the following:
flLH 193 PACf 361
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.
'.- ,j \. ...
Ht~ 193 rAn 362
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.
(Note: If participant is under the age of 18, parent or guardian must sign.)
380S~3:,:
State of Mont, County of Gallatin.ss Filed for recont. DECEMBER 24 · 19-2L
at 9: 40 AM., and recorded In Book 193 of MISCELLANEOUS page 352
.,.lUlle.y C:!ur':~ Recorder. By ~ 011 tV f1 ~c./...lf1~ Deputy
FEE: $66.00
RT: CITY OF BOZEMAN
HIDExeo
PLAnED