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HomeMy WebLinkAbout98- Simgraf Corp. Trail Corridor Access Easement Agreement, 1998 .. 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 .,' \' ,: jlMr,iJtsn. .. . "f .\\\ ", L ,I~ ,", J 1':\ .!'~/,)I -"~ ,,~, .".4t~~~~'! ;;.,:/,., I~:,,~ ~.~"'~....~",.!ll\:"jo ~, ,.~".....,: ~ ~~~ ~~ . .' .' -"::.I \.\ '.' " '. .,;.. ',;~ ',,:"{ ~~~ r- ' . t;:.~ '.\5 '::. p\ \-./ ;:--.:' . ~ ~. .' . i1"'" ~ ~"iII'..." , . f' rII..~Q " ...:. ".. ,,-~:' , ",. ,. ~ .' I' ,...'.' _D~__~~_du.:~:,_~b::.\.~_<.c~,:=j______ Nota? Pu~li~ for the .State of [\;19nt<:!!..lajresiding at Bozeman My CorTIlmsslOn Expires at---B/l'~-I-QL------------ ", " ....~~:CFPTED this ___________Eth_____________day of ____.E~b..nu,L(1----, 19-9-8-. GRANTEE: -1--~-------------::_ CITY MANAGER ATTEST: (i!~---ei~----- filM 193 PAc[ 355 Robin L. Sullivan Clerk of Commission STATE OF MONTANA } } ss. COUNTY CW GALLATIN } C") tl' /7'711 d f' -JP..#--ifJ'_""."'i~" 19 9f~. .. tl d ,,' d . 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'~' ' \. ," e;~ - '1 "'~. ,.:; · - ., ~____~~~~___f~~_~:J""C'i_~_~k1i~~~: ~, ...____' Notary Publi~ forthe .State of 1v!~J!~~a:',r~)l:t!~Qt B,"L~map .:;- My CommisSion [-<_xplres----..6---------2--n.t'i7-'--------L-J " 'v ) ~ e;, ~~ . l' ~ "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). t..~H JIJ I r i'A il ), J~ll ,J t. lltf .',--'~ tJ..~ 1'1 U 1'J I 0, I' lILOCK';;-++-.I, . 2<1 , .. tJ.YJ ,i" : I L .JU V ALLEY . t.'SW's1 '. ." ...,U1lU, 118.'" 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R"" TO,. grm2"{211lrLAT 2~r"'l17 2.r... lIt l!'t...71l 32rm IlIto "5fm2001 80 r...2620 " ~ .; 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