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HomeMy WebLinkAbout18- Public Use Easement - United States Postal Service (USPS) - Baxter Lane Roadway Improvements, Parcel 11-1 2607279 _ CharlottefMi0ls -0Ga02at0n8C�un4Yi1MTPM Fee. $M050�J PLATTEDZA / �� ,Ili l 1111111 1111111 IN IIII�111 11l II III 11111111 IIIII IIIII Ell 1111�1111 v 130, PROJECT NAME: BARTER LANE CITY OF BOZEMAN ROADWAY IMPROVEMENTS Engineering Division PROJECTM 4524.11402.01 y Public Works Department rt9� 88 0�l PARCELM 11-1 Co PUBLIC USE EASEMENT p p W L PUBLIC USE EASEMENT This PUBLIC USE EASEMENT, the "Easement"), granted this ISO,- day of 18.t24 , 20 , by the United States Postal Service ("USPS"), an independent establishment of the executive branch of the Government of the United States, 475 L'Enfant Plaza, SW, Room 6670, Washington, DC 20260-1862 (the "USPS"), to the City of Bozeman, a Municipal Corporation of the State of Montana, (the "City"). The designation USPS and City as used herein shall include said parties, their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context. RECITALS A. USPS is the owner of a tract of land and improvements in Gallatin County, Montana located at 2201 Baxter Lane in Bozeman, MT, (the "USPS's Parcel"), and legally described in Exhibit 1, attached hereto and incorporated herein, at which USPS operates the Bozeman Main Post Office. B. City has determined that a permanent easement over portion of USPS's Parcel, ("Easement Area"), described as follows: A public use easement to the City of Bozeman, located in Tract C-1 B of Certificate as set forth on Survey 1979, located in the SE'/4 of Section 35, Township 1S, Range 5E, P.M.M., Gallatin County, Montana, recorded March 5, 1997, Official Records, and being further described (pursuant to Postal Service Regulation) as follows: Beginning at a point which bears S 89' 22' 30" W a distance of 1377.46 feet from the southeast comer of said Section 35; Thence from said True Point of Beginning along the South line of said Section 35, S 89' 22' 30" W a distance of 450.00 feet; Thence N 00' 37' 30" W a distance of 580.00 feet; Thence N 890 22' 30" E a distance of 450.00 feet; Thence S 00037'30" E a distance of 580.00 feet to the True Point of Beginning, more particularly described as follows and as shown on the attached Exhibit A; Said public use easement is more particularly described as beginning at the southwest corner of the easement herein described, being a point on the north right of-way of Baxter Lane, from which point the south quarter corner of Section 35, T1S, R5E, P.M.M., bears S 0° 58' 53" W, 30.00 feet to the south section line of Section 35; Thence N 890 01' 07" W, 819.83 feet along the south section line of Section 35, said point of beginning; Thence, from said point of beginning, N 00 56' 39" E, 20.00 feet along the west line of tract C-1 B; Thence, S 89° 01' 07" E, 449.85 feet to the east line of tract C-1 B; Thence, S 0° 56' 39" W, 20.00 feet along the east line of tract C-1 B to the north right-of-way of Baxter Lane; Thence, N 89001' 07"W, 449.85 feet along the north right-of-way of Baxter CITY OF BOZEMAN PROJECT NAME:BARTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 PROJECT#:4524.11402.01 Page 1 of 7 Lane to the point of beginning, and containing 9,000 sq. ft., more or less, and as shown on Exhibit 2, attached hereto and incorporated herein. is reasonably necessary for the reconstruction of Baxter Lane, ("Roadway Improvements"), as part of construction activities related to roadway capacity and safety improvements including roadway surface, sidewalk, curb and gutter, and utilities, hereinafter called the "Project", which Project is described in final design and construction plans dated May 5, 2016 under City Project #14509.000, ("Final Plans"), which are on file with the City and are incorporated herein by reference. C. USPS and City set forth their respective rights and obligations for an Easement on USPS's Parcel. For and in consideration of the mutual promises set forth herein and the sum of ten dollars, ($10.00), and other good and valuable consideration, received in hand and acknowledged by the USPS, the USPS and City covenant and agree as follows: AGREEMENTS 1. USPS hereby grants, declares, establishes and creates for the benefit of City a perpetual, non-exclusive easement over, under, along, across, and through the Easement Area, for the purpose of reconstructing Baxter Lane including roadway surface, sidewalk, curb and gutter and any required underground utility structures, which is related and necessary to the completion of the Project and public use, together with the rights of the City to maintain such roadway, sidewalk and utility improvements. Minor roadway widening is required to provide the additional pavement width along this portion of the Project. New sidewalks and boulevards will be installed in front of the USPS's Parcel to provide enhanced pedestrian access, including the reconstruction of pedestrian ramps. The two existing driveway entrances to the Bozeman Main Post Office will be reconstructed with this Project at their existing respective locations. New luminaires will be installed along Baxter Lane for enhanced roadway lighting. In the event the City shall use the Easement Area for any purpose other than that set forth herein, the City shall be in breach of this Easement. In the event of such breach, USPS shall notify the City in writing of the precise nature of the breach; email notice to the City is specifically allowed. City shall remedy such breach within three (3) days of its receipt of USPS's written notice. In the event the City fails to remedy such breach, the USPS has the option of terminating this Easement by providing written notice to the City that the Easement is terminated and recording a discharge of the Easement in the property records of Gallatin County, in which event, City shall restore the Easement Area to as good or better condition than that prior to this Easement at no cost to the USPS. If the Easement is terminated in accordance herewith, the City agrees that it will execute any discharge, affidavit or other agreement required to remove the Easement as an encumbrance on USPS's Parcel. 2. All work performed by City or its contractors hereunder shall be coordinated with the postmaster and performed in full compliance with all applicable local, state or federal statutes, rules, regulations, orders, codes, directives, or ordinances and any binding judicial or administrative interpretations thereof or requirements thereunder and City shall obtain all necessary local, state or federal permits, licenses and approvals necessary for the conduct of such work. In addition, for all cure and maintenance related activities, the locations of relocated fixtures, materials used and work to be performed within the Easement Area must be approved by USPS. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 PROJECT#:4524.11402.01 Page 2 of 7 3. City, and/or its contractors, at their sole cost and expense, shall maintain and keep in effect during any and all construction or work activities within the Easement Area insurance against claims for personal injury (including death) or property damage, under a policy of comprehensive general public liability insurance, with such limits (through basic coverage plus umbrella coverage) as may be reasonably requested by USPS from time to time, but not less than $1,000,000 in respect of bodily injury (including death) and property damage, which amounts shall be adjusted upon reasonable request of USPS from time to time to amounts which are normal and customary for similar operations. Such policies of insurance shall name USPS as an additional insured. The policy shall provide that it shall not be cancelable nor may it expire without at least thirty (30) days' prior written notice to USPS. Prior to the commencement of the construction under the Temporary Easement, there shall be delivered to USPS a certificate of the insurance carrier certifying that the policy so delivered has been issued and is in effect and the duration thereof. At least thirty (30) days before any policy shall expire (10 days for non-payment of premium), City shall deliver to USPS a replacement certificate, and at least twenty (20) days prior to the date that the premium on any policy shall become due and payable, USPS shall be furnished with satisfactory evidence of its payment. 4. During any and all period(s) of its Project activities and after installation of any improvements, City shall be responsible for maintenance and repair of the Easement Area and improvements, which shall include but not be limited to roadway maintenance, snow and ice removal from the roadway, grading, and paving. In addition, City shall be responsible for City's equipment and facilities, and any and all costs related thereto. In the event the City fails in its responsibility to maintain and repair the Easement Area as set forth above, upon reasonable notice and opportunity to cure to City, USPS shall have the right to perform such maintenance and/or repair, and shall be entitled to recover its costs from the City. 5. City, by acceptance of this Easement, agrees for and on behalf of itself, its agents, servants, employees, invitees, and contractors who may at anytime use, occupy, visit, or maintain said Easement Area that USPS, shall not be responsible for damage or loss to property, injuries, or death, which may arise from or be incident to the use and occupation of the Easement Area as granted herein to City, its agents, servants, employees, invitees, and contractors. 6. City, by acceptance of this Easement, agrees to indemnify and hold the USPS, its successors, and assigns harmless against any and all claims, demands, damages, costs, expenses, and legal fees for any loss, injury, death, or damage to persons or property which at any time is suffered or sustained by USPS, its employees, the public, or by any person whosoever may at any time be using, occupying, visiting, or maintaining the property that is the subject of said Easement, or be on or about the property that is the subject of said Easement, when such loss, injury, death, or damage is asserted to have been caused by any negligent act or omission or intentional misconduct of the City or its agents, servants, employees, invitees, or contractors or by the breach of this Easement by the City or its agents, servants, employees, invitees, or contractors. In case of any action or proceeding brought against the USPS, by reason of such a claim, upon notice from the USPS, City shall cover the cost to defend such action or proceeding. The USPS shall not be liable and the City waives and releases the USPS from all claims for damage to persons or property sustained by the City or its employees, agents, servants, invitees, contractors, or customers resulting by reason of the use of the Easement. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 PROJECT#:4524.11402.01 Page 3 of 7 7. USPS reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted. During any and all period(s) of its Project activities, City agrees to provide the USPS, its employees, customers, and the public with continual and uninterrupted access to the Bozeman Main Post Office. Further, City agrees that during any such period(s), USPS's operations shall not be interrupted, disrupted or otherwise impeded as a result of such activities. In the event USPS, its employees, customers, or the public are not provided with continual and uninterrupted access to the Bozeman Main Post Office, or in the event USPS's operations are interrupted, disrupted or otherwise impeded, City shall be in breach of this Easement. In the event of such a breach, USPS shall notify the City in writing of the precise nature of the breach; email notice to the City is specifically allowed. City shall remedy such breach within three (3) hours of its receipt of USPS's written notice. In the event the City fails to remedy such breach, the USPS has the option of terminating this Easement by providing written notice to the City that the Easement is terminated and recording a discharge of the Easement in the property records of Gallatin County, in which event City shall restore the Easement Area to in as good condition or better than it was in prior to City's entry at no cost to the USPS. If the Easement is terminated in accordance herewith, the City agrees that it will execute any discharge, affidavit or other agreement required to remove the Easement as an encumbrance on USPS's Parcel. 8. Notice: Prior to performing any activity within the Easement Area, City shall provide USPS with at least 48 hours prior notice before entering the Easement Area. For purposes of notices set forth herein, addresses are: City: City of Bozeman USPS: USPS HQ Attention: Public Works Director Attention: Easement and Right of Way P.O. Box 1230 Specialist 2090 Stadium Drive 475 L'Enfant Plaza, SW, Room 6670 Bozeman, MT 59715 Washington, DC 20260-1862 With a Copy To: USPS Attention: Postmaster 2201 Baxter Lane Bozeman, MT 59718-9998 9. In the event City fails for any reasonable period of time to exercise the rights and privileges herein granted, or in the event City terminates the Easement, all such rights and privileges shall cease and the Easement herein granted shall revert to USPS. 10. Any claim, controversy or dispute arising out of this Easement shall be governed by applicable federal law. 11. USPS does not warrant that the Easement Area is suitable for the purposes set forth herein and City hereby waives any express or implied warranty on the part of USPS. USPS has no knowledge of subsurface conditions and makes no representations as to soil types, existence of underground utilities, or any other latent conditions that may impact City's use and enjoyment of said Easement. 12. This Easement is granted subject to any and all restrictions, covenants, other easements, encumbrances, liens of any kind, leases, and interests of others, including rights-of-way for roads, pipelines, railroads, and public utilities, whether or not matters of public record. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 PROJECT#:4524.11402.01 Page 4 of 7 13. City is not permitted to discharge storm water runoff within the Easement Area or USPS's Parcel generally. Such prohibition shall include, but not be limited to, discharging silt, hazardous materials or other environmental contaminants within the Easement Area or USPS's Parcel generally. Further, City shall comply with all environmental laws when performing any activity within the Easement Area or USPS's Parcel generally. In the event that any hazardous materials or other environmental contaminates are discharged by the City, its employees, agents, contractors or invitees, the City shall be solely responsible for the cost of any remediation or clean up required by applicable law or regulations and shall indemnify and hold the LISPS, its successors, and assigns harmless against any and all claims, demands, damages, costs, expenses, and legal fees incurred by LISPS in connection with or related to any such discharge, remediation or clean up. IN WITNESS WHEREOF, the parties hereto have executed this Easement of the day and year first above written. Signature and Notary Pages to Follow CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 PROJECT#:4524.11402.01 Page 5 of 7 USPS: Unit tates Postal Service By:_Vz-)-4�, 6� Its: ontract ng Officer STATE OF )SS. County of eZw�rroral ) On this 2-31rv(day of 20 personally appeared before me _ja e.dk ZS. LIO 114-t- Contracting Officer who being by me duly sworn, did say that he/she represents the United States Postal Service, and acknowledged to me that, acting under a delegation of authority duly given and evidenced by law and presently in effect, he/she executed said instrument as the act and deed of the United States Postal Service for the purposes therein mentioned. SEAL NOTARY UBLIC My commission expires: 6MM I, .e d 3 2r02d ELEANOR A LAPERCHIA Notary Public, North Carolina Randolph County My Commission Expires CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 PROJECT#:4524.11402.01 Page 6 of 7 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, Grantee herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby consents and agrees to the obligations set forth in this instrument and accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof: CITY OF BOZEMAN Date: By: Andrea Surraft City Manager ATTEST: $p2' , cc • r • By: Robin Crough City Clerk C . 9TIN CO.',, STATE OF MONTANA ) )SS. County of Gallatin ) The foregoing instrument was acknowledged before me this day of 20A by Andrea Surratt and Robin Crough, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to this instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. BRENDA SWEENEY wall Notary Public mQ'No7ARi.,i- for the State of Montana Notary Public In and forth tate of Montana M Commission Ex ires: *: —•— •*_ Residing at: y p 'AL. e; Bozeman, Montana ,9j�•...•�P?= My Commission Expires: OF December 02,2018 CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 11-1 PROJECT#:4524.11402.01 Page 7 of 7 PERSONAL REPRESENWIVEsS and WARRAMp DEED EXHIBIT 1 'lids deed is an&by GMVWM S.GRAF,bdk ndty and Hnsnxte On►f,III as fttsoeti lteprmat"of the Eon of Fatgeat W. Jr-. decried. Oraraors.fa Tke Uoited Staft ftmi&VAM. as is3epeedernr tftrblisbmzeent of dtt eaoW4&c beers of tlta gaverm OM d ttw Uoitad ft"("USC 201).dr$INA t.** Wbertras.dye Ltut WIS and Tesatmtart of Eugene Oral Jr.was wade and t secmd in dtc Qfe*w Of the I jr. which wilt W"dolt'admitted to probaMt by the District Caac is and for&c C="W of Qdkdn.Sense of Momm.f'tvbafe NO. DP a-100. Whereas.Gn=r Eagaw Graf M wa d*appoinwd hrtwA RepseaenWivt of said Estate on Auguat 22.!1;". and Is+now gnaMd aM acting in aaW e ape cit). Now.Theretort.pttsstant a die peaers eanferred wpom Otanmr rmgcue lief is ss rersanat titprtwm&e by the Rabat Gads.Oramtor Sul=*&0 M as Rnoral l Wesentadve mrd Grantor Genevkve S.Graf do hemby gtmt,barsatn. sdi,caavW.warmat and waftm=m said Gnanlec for•aloe meived,die Mewing described propeM skrate in Oapatitt C4mW' ua-'a** ** 8055 East Tufts Ave, Suite 400, Denver CO 80237-1881• Tract C-18.Cc7dr=m ofswvey No. mg i-catcd in SE 114 and PIE IM of Section 33.TowwAip 1S Rance SE. P.M.M. According fn tha officW pear dreraot on fire wad of record in die depict of die Gal Wn Coumy Ckrk and Recorder. Tagedter whit way and all waear and wafer rights upon end or spprurtettux 0 die pmpeny, exciuding only ssarface rights PAS'possessed by Gra wn.wad-hide b baeby nmved by G m n- Parsnaat fa Postal Service Regulation.the property is odncnriae deactibtd is a ttotta+ecotd survey as follows: t Set Auadmed EON*A TO NAVE AND TO HOLD the said pmmiaes.with dwir gVQnenaatcts omen die said grantee,sat successors and assigns f�oawer. p 1n^ And do slid Granwis da hereby c ova mr w and wide duo 9001n.drat dtey are 00 camera in The simple of said premises:dw dwy an flee from all aocmtbrateeea except all eauw tents. . outs. agreements. rest:uxions. eavenuga and s „!, axttmbnrroea M reeard or assessed against above pt opetty- that they will watTaM wend defend the saint from so lawful claims whatsaarvtr. DATED: •?7199hr m.as Ptrsotat Repnmraivc of ft OJkft of EUGENE GRAF.IB. GENEVWVE S.GRAF STATE OF MONTANA COUNTY OF GALLATIN J The totWing kwfttm m waa a*wv4edSed belbte nre.a Novey%blic m wad for said Snot porsanaliy appeared EUGENE t#RAF.III. as Dermal Rcpmnw%*m of drc Estate of EUGENE IIRAF.IX know to the to bt the person whose haute is m*wribed to die vviQtin h a inn met and wjm*wledga to me drat tee&Wcued the same on behalf of the FsMta of Eugene llrsf Jr. f•My comm9sslon exp1m: 11-12-98 e' G.STRAr Wiuttas my land and of1kW weal. Nancy tic l N Residing at Bozeman, Monts = SEAL , STATE OF MO�A COUNTY OF GALLMN y a :d- OF �� The%T420 Ag Ytsaamtet was WJatawiadged beibm art.a Noway Pabtie In rind fbr aid Safe fill !"`GENEVIEVE a.GRAF.knawn a ma a,be dw person wltoaa tams is V*$C1b*f a dw wkhin inswun nc and w*nowktige:d to rma that she e tecwed dw son. f' s:• My commission expirmt: 11-12-98 s►ip,, Rtkwu my hand rued OMW"ai. Nonny PiNk Residing at Bozeman, Mont SEAL EXHIBIT A f ISM 17100470 37�8.tBIT A M1 UTA11W Of POM "t0T0QRAM*C QUALRY Beginning at a point which bears S 89 degrees 22'30" N a distance of 1377.46 feet from the southeast corner of said Section 3S; Thence from said True Point of Beginning along the south Line of said Section 3S S 89 degrees 22130" W a distance of 458.00 feet; Thence N 00 degrees 37,3011 TAT a distance of 580.00 feet; Thence N 89 degrees 22130" E a distance of 450.00 feet; Thence S 00 degrees 37130" £ a distance of 580.00 feet to the True Point of Beginning. Said Tract being 5.992 acres along with and subject to any existing easements. 341614 1PLARN-d-AJ MW of Mont,Cm*of Graflatht.=flied toTQ t�,.,U. A ,, M., and twr�ded in Book u a?a � Aetasrtler. �M RT: AMERICAN LAND TITLE CO. F .. $12.00 i f t r t i I \\\ \\\ \\\ \\\ \\\\ \\\ \\\ \\\ \\\ \ \ \\\\ \\\\ \\\\\ \\\\ \\\\\ \\\\ \\\\ \\\\ \\\\\ \ \\ \\ \\\ Current Owner: \\\\ \\\\ \\\ The United States Postal Service \\ \\\\ \\\\ \ \\\\ \\\\ \\\`2201 Baxter Lane \\\ \\\\\ \\\\ \ \\\ \\\ \\Bozeman, MT 59715 \\ \\\ \\ \\ \\ \\ TRACT C-1 B OF COS 1979 \\ \\\ \\ SEC. 35, T1S, R5E \\\\ \\\\\ \\\\ \\\\ \\\\\ \\\\ \\\\ \\\\\ \\\\ \ \\\\ \\\\\ \\\\ \\\\ \\\\\ \\\\ \\\\ \\\\ \\\\ \ \\\\ \\\\\ \\L1\ N 0 56' 39" E,20.00 FEET \\ \\\\ \\\\\ \ \\\\ \\\\ \\\L2 S 890 01' 07" E, 449.85 FEET \\\ \\\ \L3 S 00 56' 39" W, 20.00 FEET \\ \\\ \\\ \ \\\ \\\\ L4 N89°01' 07" W, 449.85FEET \\\\ \\\ \\\ \\ \\\\ \\\\\ \\\\ \\\\ \\\\ \\\\ \\\\ \\\\ \\\ \\\\\\ \\\\\\\\\ \\\\\\\\\ \\\\ \\\\\\\\\ \\\ \\\ EXISTING P ROPERTY LINE \\\ \\\\ \\\ \\\\ \\\\ \ \\\ \\\\ \\\ \\\\ \\\\ \\\\ \\\\ \\\\ \\\\ \\\\ \\\\\ \\\\ \\\\ \\\\ \\\\ \\\\\ \\\\ \\\ \\ \\\\ \\\\\ \\\\ \\\\\ \\\\ \\\\ \\\\\ \\\\ \\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ \ \\\ \ \\\\ \\\\ \\\\\ \\\\ \\\\ \\\\\ \\\\ \\\\ \ NEW PUBLIC USE \\ EASEMENT \\\ \\\ \\\ \\ EXISTING UTILITY \\ \\ \\ \\ \\ \\\ \\\ \\EASEMENT \ \ \ \\\\ \\\\ \\\\ \\\\ \\ \ \\\\ \\\\ \ \\\ \ \\\ \\\ \\\\ \\\ \\\\ \\\ \\ \\ EXISTING \\ \ \\\ \\\\ \\\ \\\\ \\\ \ \ EASEMENT \\\ 7/7 .................................. ...................................... 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POB BARTER LANE R/W Legend ® Existing Easement 40 o 40 so New Public Use Easement SCALE IN FEET Area Remaining I A public use easement to the City of Bozeman, located in Tract C-1 B of Certificate as set forth on Survey 1979, located in the SE'/4 of Section 35, T1S, R5E, P.M.M., Gallatin County, Montana, more particularly described as follows; Beginning at the southwest corner of the easement herein described, being a point on the north right-of-way of Baxter Lane, from which point the south quarter corner of Section 35, T1S, R5E, P.M.M., bears S 0° 58' 53" W, 30.00 feet to the south section line of Section 35; Thence N 89' 01' 07" W, 819.83 feet along the south section line of Section 35, said point of beginning; Thence, from said point of beginning, N 0° 56' 39" E, 20.00 feet along the west line of tract C-1 B; Thence, S 890 01' 07" E, 449.85 feet to the east line of tract C-113; Thence, S 0° 56' 39" W, 20.00 feet along the east line of tract C-1 B to the north right-of-way of Baxter Lane; Thence, N 89001' 07" W, 449.85 feet along the north right-of-way of Baxter Lane to the point of beginning, and containing 9,000 sqft, more or less. Right of Way Required for Baxter Lane and PROJECT: 4524.11402.01 I Davis Lane Roadway Improvements DATE: 2/22/2016 D O W L City of Bozeman, Montana EXHIBIT 2 2090 Stadium Drive Bozeman,Montana 59715 PARCEL 11-1 4-566-88M —ft.—