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Home My WebLink About94- Lessley Right of Way and Utility Easement Agreement, 1994 . > 1 RIGHT~OF~WAY AND UTILITY EASEMENT AGREEMENT fllH 151 PACE 226 This agreement for a right-of-way and utility easement is made this ~~ day of OCTOBER 1994, by and between Eula Mae Lessley, hereinafter referred to as "Grantor" and the City of Bozeman, a municipal corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, Grantor is the owner of the following described real property situated in Bozeman, Gallatin County, Montana: The South Half of the East Half of the East Half of the Southwest Quarter of the Northeast Quarter (S~ E~ E~ SW~ NE~) of Section Eleven (11), Township Two (2) South, Range Five (5) East, M.P.M., consisting of five (5) acres, more or less, and the south 300 feet of the East Half of the East Half of the Northwest Quarter of the Northeast Quarter (E~ E~ NW~ NE~) in Section Eleven (11) Township Two (2) South, Range Five (5), East, M,P,M" Gallatin County, Montana, consisting of 7.305 acres, more or less, (hereinafter called "Grantor's property"); and, WHEREAS, the City desires to connect Beall Street by constructing and maintaining a public street on, over, and across Grantor's property; and, WHEREAS, the City also desires to lay, construct, and maintain sewer and water pipeline in, through, and across Grantor's property; and, WHEREAS, Grantor is willing to grant to the City, and the City desires to accept, a perpetual easement across and through Grantor's property for a right- of-way and for utilities, to include water pipelines. NOW, THEREFORE, the Grantor, for and in consideration of the covenants herein contained, and the obligations of the parties hereto, her successors, transferrers, assigns, hereby grants and conveys to the City, a roadway right-of- way and utility easement in perpetuity to construct, locate, use, regulate, operate, maintain, reconstruct, repair, and replace a public way together with all appurtenances incidental thereto and with the attendant customary uses, including but not limited to all rights of ingress and egress, drainage, installation of water pipelines and other utilities, over, under, through, across and along the Grantor's property which said right-of-way and utility easement is more particularly described on the attached Exhibits A and B, which by this 1 '~ reference is made a part hereof, nlM 151 PACE 227 The City agrees to construct a six (6) foot chain link fence along the west boundary line of the Grantor's property from Babcock to the South side of said easement, and agrees to construct a woven wire fence with one barbed wire stretched across the top along the south boundary line of this right-of-way and utility easement, The City shall commence construction of the chain link fence and of the woven wire fence as soon as practicable after the date of the execution of this Agreement and shall complete the construction prior to occupancy of the first home constructed by the Human Resource Development Council, Inc, on the adj oining property to the west of Grant,or' s property, Upon the sale of the Grantor's property or upon the death of the Grantor, the chain link fence and the woven wire fence may be removed by the City at the City's sole discretion, The City further agrees that the existing fence along the western boundary line, or portions thereof, will remain in place until the existing fence, or portion thereof, is replaced by the chain link fence, The City agrees not to initiate annexation of the Grantor's property during Grantor's lifetime, provided, however, Grantor continues to own said property. If a Special Improvement District is created to improve Babcock Street, the City agrees that the Grantor's assessments shall not exceed an amount greater than an amount equalling assessments calculated on a frontage basis (abutting lineal feet), The parties agree that this provision does not preclude the City from assessing the property on some basis other than frontage basis nor does it preclude the property from being assessed an amount greater than what it would be assessed on a frontage basis, provided, however, the City pays Grantor's assessments in excess of the assessments calculated on a frontage basis. The parties hereto understand that Babcock Street may be improved and widened at sometime in the future. There is a windbreak screen of beautiful, mature evergreen trees growing on the property of Grantor where the property abuts upon Babcock Street which is environmentally and aesthetically significant to the neighborhood. The parties recognize and appreciate the environmental and aesthetic value that the trees lend to the Lessley property, as well as to the 2 " rllH 151 PACE 228 neighborhood in general. The City represents that decisions with regard to the re-alignment or widening of Babcock Street will be made by the Department of Highways of the State of Montana and not by the City alone, In its negotiations with the Department of Highways regarding any widening or re-alignment of Babcock Street, the City, acting in good faith, shall exercise its best efforts to protect the Lessley evergreen trees from destruction or removal. However, the Grantor acknowledges and agrees that the City cannot guarantee that the trees will remain undisturbed should widening or re-alignment of Babcock Street occur, This grant includes the right of the City, its successors, permittees, licensees and assigns and its and their agents and employees, to enter at all times upon the Grantor's property by using existing roads or trails or otherwise by route causing least damage and inconvenience to the Grantor in order to survey and establish the route and location of this easement, The Grantor agrees that at no time will the Grantor build, construct, erect or maintain any permanent structure within the boundaries of said easement without prior written consent of the City. County of Gallatin ) On this ~ day of ~~, 1994, before me, a Notary Public for the State of Montana, personally appeared Eula Mae Lessley, known to me to be the person, whose name is subscribed to the within instrument and acknowledged to me thaBI,,fJ1OIlf,'xecuted the same, '~-ER/" ">", >; ",;, ""'~~;lN.~~~V~i!EREOF, I have hereunto set my hand and affixed my Notarial .' ~"/.f~~~'It4;,.:r~ar first above written. J. ~ ,; . t ~.. ~'/<~ . ..;. I' . = ~ " " !"( S~~L,) :, t ' '/("'0 E. Al- j i ~. q:, ',' ,"' I' l' . ~,,,-. , .~.~~,~ ~..~." ,.. ...i.. ..~ "'f\. '" " , -".. "r F~\\' \,\" . "",11\111 'f)r.p JL~ The terms, covenants and provisions of this agreement shall extend to and be bind upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto, Dated this ~ day of ~ ,1994, ~ ~---.- -/?-rlrI~ Eula Ma:~~/cl;~:::tor ~ eX"' STATE OF MONTANA SS. fp-dO-qj 3 " , fiLM 151PACf 229 ACCEPTED; CITY OF BOZEMAN /') BY'~ ,,~ . Ci Manager "'- l\ D '\, ; J l, L . LA.!~~\'t,I~ ~. L~O~iSSion STATE OF MONTANA ) ) ss. County of Gallatin ) On this .B/,.a;t.. day of dJ~ ,1994, before me, a Notary Public for the State of Montana, personally appeared James E, vlysocki and Robin L. Sullivan, respectively, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written, (SEAL) ...('yo. _A.'J-J ~, ~ Notary ~he--sdate of Montana~ r~siding,at B~;~ My Commws~on Exp~res (I /'11 t, ,) ~;~'.. :'yi"""""" ~< ~ '., Co .;--,~ ;c. \;, ',', ,,:,. "',' ,~ "', ..., '1, '. ,'\. lA, , "i~"'/J;" .A,lf//" ", "'0 "1. :::iflK: ;"~. "(,. " ,,",' ~,i' 'l',,',i~l. "., "~ ?~ ,'\ 11~'i .', y. ; .~(.Al/ :i ~~ f~ '::\ ~),..(" ..... ~ ~ .'..~',' ."..:...,....., ~~' " F' ,~O'~. :", 'i . 4 , , ... fll 151 PACE 230 8 ci g 588' 14'OO"W 335,05' 1lEST1Wi'K~ M41O'i' -IH1 All? '0 ..... n ("f :z Cl 60' EASEMENT S8fr13'41~W 303.99' 116,74' '-W. BEALL ST.- I WEST 84BCOCK SUBD/VlS/ON (H.!? . C. W. MENDENHAlL LESSLEY PROPERlY ~ t N ~ .J::. .... It) N z (j}/9 ~=0D LEsstEY \ \ CJ ~ IIGJ I I \ \ \ \ o I 400 Fm 200 I SCAlE: ,. .. 200' ~ - - -~.. '=:~:=.~:='.~':'.:.: :~.~'.~.BCP9.IS. .%.~... 300530 OFFICE OF COUNTY RECORDER) COUNTY OF GALLATIN ) STATE OF MONTANA ) Fee $ 30.00 SHllly I. Che"" Rt: City of Bozeman P.O. Box 640 Bozeman MT 59771-0640 ~'j ~ EXHIBIT II A" LESSLEY PROPERTY EASEMENT THIS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON THE 27th DAY OF January ,/h~ 19 95 AT B: 1 ~ A 1\1., AND WAS DULY RECORDED IN ROOK 151 OF MISCELLANEOUS RECORDS, PAGE 226 RECORDER. BY hcZi-AtUo) ~.4L.r DEPUTY