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Home My WebLink About04-22-19 City Commission Packet Materials - C6. Access Easements with Bozeman Health for ICU Site Plan Project Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Griffin Nielsen, Engineer I Shawn Kohtz, City Engineer SUBJECT: Authorize the City Manager to sign a Water Pipeline and Access Easement and Agreement and a Release and Reconveyance of Easement with Bozeman Health for the Bozeman Health ICU Site Plan project located on Highland Boulevard. MEETING DATE: April 22, 2019 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Authorize the City Manager to sign a Water Pipeline and Access Easement and Agreement and a Release and Reconveyance of Easement with Bozeman Health for the Bozeman Health ICU Site Plan project located on Highland Boulevard. BACKGROUND: Attached is a copy (original to City Clerk) of the partially executed easement and release and reconveyance of easement. Engineering staff reviewed the documents and found them to be acceptable. The Release and Reconveyance of Easement relates to an easement that was granted previously for construction of a water pipeline that has since been constructed outside of the easement area. This document is no longer necessary. FISCAL EFFECTS: N/A ALTERNATIVES: As suggested by the City Commission. Attachments: Water Pipeline and Access Easement and Agreement Release and Reconveyance of Easement Report compiled on: 4/8/19 83 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENTBozeman Health_, the GRANTOR in consideration of$10.00 _and other good and valuable consideration, receipt of which isacknowledged, grant to the City of Bozeman _, GRANTEE, its successors andassigns, a perpetual easement to lay, construct and maintain water pipelines with the usualservices, valves, connections, accessories and appurtenances for the purpose of transmittingwater in, through, and across a strip of land situated in Gallatin County, Montana, to belocated on the following described real property: Parcels of ground in the SW1/4, Section 8,NW1/4, Section 17, and the SE1/4. Section 18, Township 2 South. Ranee 6 East, P.M.,M.The easement is more particularly described on the attached Exhibits A, B, and Cwhich by this reference are made a part hereof.This grant includes the right of the GRANTEE, its successors, permittees, licensees, andassigns and its and their agents and employees, to enter at all times upon the above-describedland by using existing roads or trails or otherwise by a route causing the least damage andinconvenience to the GRANTOR(S) in order to survey and establish the route and location of theeasement and the pipeline and to:(1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain thepipeline, services, connections, accessories and appurtenances;(2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside theboundaries of the easement which may, in the opinion of the GRANTEE, interfere orthreaten to interfere with or be hazardous to the construction, operation and maintenance84 threaten to interfere with or be hazardous to the construction, operation and maintenanceof the pipeline;(3) Grade the land subject to this easement and extend the cuts and fills of this grading intoand on the land adjacent to that which is subject to this easement to the extent GRANTEEmay find reasonably necessary; and(4) Support the pipeline across ravines and water courses with structures which GRANTEEdeems necessary.THE GRANTEE AGREES:(1) That, in connection with the construction, operating, patrolling, repairing, substituting,removing, enlarging, replacing, and maintaining of said water pipeline(s), it willrepair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of anydamages to growing crops, existing fences, ditches and other appurtenances of said landthat may be disturbed by its operation.(2) That, during operations involving excavation, it will remove the topsail from the trenchedarea to a depth of one foot, or to the full depth of the topsoil, whichever is less, andstockpile said top soil for replacement over the trench. It will remove from the site anylarge rocks or surplus excavating material or any debris that may have been exposed bythe excavation and remains after backfilling is completed. And, it will leave the finishedsurface in substantially the same condition as existed prior to the beginning of operationsexcept that the surface of backfilled areas may be mounded sufficiently to prevent theformation of depressions after final settlement has taken place.THE GRANTOR(S) AGREES:(1) At no time will they build, construct, erect or maintain any permanent structure within the85 boundaries of said easement without the prior written consent of GRANTEE.(2) At no time will they modify the finished grade of the land over the pipeline by removal ofexisting soil or by placement of fill material within the boundaries of said easementwithout the prior written consent of the GRANTEE.(3) That where the subject improvements are not located under improved public or privatestreets or other provided access, a 12 foot wide all-weather access road may beconstmcted within the easement where at the City's discretion such access is required foroperation and maintenance purposes.(4) The GRANTOR(S) warrants that they are lawfully seized and possessed of the realproperty described above, that they have a lawful right to convey the property, or any partof it, and that they will forever defend the title to this property against the claims of allpersons.(5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein grantedwithout any interruption by the GRANTOR(S). The terms, covenants and provisions ofthis easement and agreement shall extend to and be binding upon the heirs, executors,administrators, personal representatives, successors and assigns of the parties hereto.DATED this ^^ day of ^^_^M-.86 CORPORATE1C^k[GRANTORSTATE OF MONTANA )) ss.County of Gallatin )On this ^ day of ^bYuairu _., 20 1^ , before me the undersigned, aNotary Public forthe State of Montana, personally appeared, 0itOvb^K LfiWu.known to me to be the Qh^CteU^br^ Officer of ^"z^Jm^n [kM\.9and the person whose name is subscribeffto the within yistrument and acknowledged to me thathe executed the within instmment for and on behalf of I'^O'Z.t fYW^i \^Q^r\IN WIT]day and year fir|(SEAL)U-LU^CIM-^no 1nffi\<u_'_'/,t^0WIIEREr\rte.?rlttW3TARY PUBL.ie for theState of MontanaResiding at"^•^ ^^f .. Bozeman, MontanaMy Commission Expires'/"'-vv Fsbruarv'll; 2021'^OJARIALL^€SEAL15it my hand and affixed my Notarial Seal theNotary PubVc for the State of Montana(^n^1 R}^(Printed Name}^Residing in &0z£.rrwrlMy Commission Expires Q£L I It /203187 ACCEPTED:CITY OF BOZEMANBy _City ManagerATTEST:City ClerkSTATE OF MONTANA )) ss.County of Gallatin )On thisday of_?2_, before me, a Notary Public for theState of Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, known tome to be the City Manager and City Clerk for the City ofBozeman and the persons whose namesare subscribed to the within instrument, and acknowledged to me that they executed the same forand on behalf of the City ofBozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the dayand year first above written.(SEAL)Notary Public for the State of Montana(Printed Name)Residing at Bozeman, MontanaMy Commission Expires: / _/20_88 EXHIBIT AEASEMENT - DESCRIPTIONThat portion of a water line easement located on a portion of Tract 1 of Certificate of Survey 2047, Document No.367348, in the Office of the Gallatin County Clerk and Recorder, and a portion of Tract 3A of Minor SubdivisionNo. 162C, recorded as Document No. 2223820, all located in the northwest quarter of Section 17 and thenortheast quarter of Section 18, Township 2 South, Range 6 East, Principal Meridian, Montana, County ofGallatin, State of Montana, being more particularly described as follows:Considering the Basis of Bearings to be Geodetic North at Lat.45°40'07.84", Long. 111°01'10.01";NAD_83(CORS 96)(Epoch 2002.00):Commencing at the quarter corner common to said Sections 17 and 18, thence NO°01'21"W, a distance of 973.11feet to the Point of Beginning; thence S77°08'30"E, 74.76 feet; thence N12°51'30"E, 30.00 feet; thenceN77°08'30"W, 74.76 feet to the beginning of a non-tangent curve to the right, said curve having a radius of587.26 feet and a chord that bears N35°20'31"E, 421.30 feet; thence along said curve, 430.90 feet; thenceN56°21'44"E, 635.35 feet; thence S33°38'16"E, 75.00 feet; thence N56°21'44"E, 30.00 feet; thenceN33°38'16"W, 75.00 feet; thence N56°21'44"E, 35.05 feet to a point of curvature; thence along a 688.50 footradius curve to the left, through a central angle of 42°11'15", an arc distance of 506.95 feet; thence S77°04'25"E,75.00 feet; thence N12°55'35"E, 30.00 feet; thence N77°04'25"W, 212.88 feet; thence N12°55'35"E, 30.00 feet;thence N77°04'25"W, 30.00 feet; thence S12°55'35"W, 28.07 feet; thence N87°53'38"W, 95.56 feet; thenceN42°53'38"W, 39.07 feet; thence N47°06'22"E, 12.30 feet; thence N42°53'38"W, 30.00 feet; thenceS47°06'22"W, 42.30 feet; thence S42°53'38"E, 81.50 feet; thence S87°53'38"E, 94.87 feet; thence S77°04'25"E,145.13 feet to the beginning of a non-tangent curve to the right, said curve having a radius of 658.51 feet and achord that bears S35°17'52"W, 473.37 feet; thence S56°21'44"W, 35.05 feet; thence N33°38'16"W, 283.81 feet;thence N85°04'43"W, 57.06 feet; thence N33°48'11"W, 148.32 feet; thence N57°34'00"W, 101.91 feet; thenceN33°38'16"W, 15.82 feet; thence N56°21'44"E, 60.00 feet; thence N33°38'16"W, 35.00 feet; thenceS56°21'44"W, 60.00 feet; thence N33°38'16"W, 49.00 feet; thence N56°21'44"E, 45.00 feet; thenceN33°38'16"W, 30.00 feet; thence S56°21'44"W, 45.00 feet; thence N33°38'16"W, 90.00 feet; thenceN56°21'44"E, 230.00 feet; thence N33°38'16"W, 30.00 feet; thence S56°21'44"W, 290.00 feet; thenceS33°38'16"E, 20.00 feet; thence S56°21'44"W, 305.57 feet; thence S11°40'58"W, 598.24 feet; thenceS7°17'17"W, 321.20 feet; thence S82°42'43"E, 30.00 feet; thence N7°17'17"E, 320.06 feet; thence N11°40'58"E,584.75 feet; thence N56°21'44"E, 293.24 feet; thence S33°38'16"E, 138.57 feet; thence S57°34'00"E, 175.93feet; thence S33°48'11"E, 156.41 feet; thence S85°04'43"E, 57.00 feet; thence S33°38'16"E, 89.35 feet; thenceS56°21'44"W, 55.00 feet; thence S33°38'16"E, 30.00 feet; thence N56°21'44"E, 55.00 feet; thence S33°38'16"E,150.00 feet; thence S56°21'44"W, 424.00 feet; thence N33°38'16"W, 27.00 feet; thence S56°21'44"W, 30.00 feet;thence S33°38'16"E, 27.00 feet; thence S56°21'44"W, 181.35 feet to a point of curvature; thence along a 617.26foot radius curve to the left, through a central angle of 42°38'21", an arc distance of 459.36 feet; thenceS76°15'42"W, 159.87 feet; thence S13°44'18"E, 30.00 feet; thence N76°15'42"E, 145.29 feet;,thence^'^%h.N85°57'21"E, 31.07 feet to the Point of Beginning. Containing 3.537 acres./:.' GEORGES.BCRMu^AN?do.11512LS!'.A^,: BCRME^ANM:^.!•*..." ^ *L ^- '^sLv^sff^^. ; -i CDrawn By_QDKChecked Ry GSBDate_01/18/2019CTA# BH17 ICUTWRCad Filfi- BOZHEALTHV003LIVINGSTON, MT(406)222-0104Fax(406)222-1007WATER LINE EASEMEN^^U ^GRANTOR: BOZEMAN HEALTHGRANTEE: CITY OF BOZEMAN^(w6y.w^^REF SHEET#SHEET#1 OF 189 EXHIBIT B^ ^^xx.^fef&.<otifciQOCDz'</^,<L14;»z''->•°03^L18\.%•L38L34&L30A'"<iy-*';^BOZEMANDEACONESSHOSPITAL^.^L16">iC.\.,1-13^^.^'L17II^^<.L15'^^%^'s'-<'%r^:°zV1'<0~J^^L31;&s<L28/<?;L21°zL271-22I?0&'°•^^<';.9v/~J^^p«.L24'^,-^.%^/°^.."3CD'L430s^:^>'rv\0L44"^10^L23\i.'"s^>.C3^'^^s&'s'.\J^.•o^0V.o'»'^w^^oti0'<.V0^w^<06;v0^^^^L49^•s>»;•^^^°-Xc?<y.0^ip.^^V-s^L51<6^'»:><&-^^^n:<s^i"s°?.^'r^^^N.?.EASEMENT AREAw1'2^}""0>;;?/^L39•:"',,<\\'HT/,41^^'00^v^^.<?-7^.<?^3i^^f"^•GEORGES.10RNEMANNse^^BL4^53Hre913HQRU11.05r-L56'^L2•.-'-'- -s•^^>?'L564^yUJPOINT OF BEGINNING•/PEMS':.'^.tp,^'-^.^-E.'•--, .<?^cy>^^^^[^^^^1252505000POINT OFCOMMENCEMENT1817/\SCALE: 1"= 250'Drawn By_CDKChecked By GSBDate_01/18/2019CTA# BH17 ICUTWRCad FJIfi- BOZHEALTHV003'^LIVINGSTON, MT(406)222-0104Fax(406)222-1007WATER LINE EASEMENTGRANTOR: BOZEMAN HEALTHGRANTEE: CITY OF BOZEMANEXHIBITBREF SHEET#SHEET#1 OF 290 EXHIBIT BEasement Curve TableCun/e#LengthRadiusDeltaChord DirectionChord LengthC1430.90'587.26'042°02'26"N35°20'31"EC2506.95'688.50'042°11'15"N35°16'06"EC3484.21'658.51'042°07'49"S35°17'52"WC4459.36'617.26'042°38'21"S35°02'33"WEasement Line TableLine #BearingDistanceL1NOO°01'21"W973.11'L2S77°08'30"E74.76'L3N12°51'30"E30.00'L4N77<>08'30"W74.76'L5S33°38'16"E75.00'L6N56°21'44"E30.00'L7N33°38'16"W75.00'L8N56°21'44"E35.05'L9S77°04'25"E75.00'L10N12°55'35"E30.00'L11N77°04'25"W212.88'L12N12°55'35"E30.00'L13N77°04'25"W30.00'L14S12°55'35"W28.07'L15N87°53'38"W95.56'L16N42°53'38"W39.07'L17N47°06'22"E12.30'L18N42°53'38"W30.00'L19S47°06'22"W42.30'Easement Line TableLine #BearingDistanceL20S42°53'38"E81.50'L21S87°53'38"E94.87-L22S77°04'25"E145.13'L23S56°21'44"W35.05'L24N85°04'43"W57.06'L25N33°48'11"W148.32'L26N57°34'00"W101.91'L27N33°38'16"W15.82'L28N56°21'44"E60.00'L29N33°38'16"W35.00'L30S56°21'44"W60.00'L31N33°38'16"W49.00'L32N56°21'44"E45.00'L33N33°38'16''W30.00'L34S56°21'44"W45.00'L35N33°38'16"W90.00'L36N56°21'44"E230.00'L37N33°38'16"W30.00'L38S33°38'16"E20.00'i^^L.1'^.'•••'GEORGE S.'•.11421.30. is:BORNcM^:^|^-II^No^SiSLS ^|^i'"495.58473.37'~^[A448.83'^o^;.^tN?^C^^'''^N^L^^TEasement Line TableLine #BearingDistanceL39S82°42'43"E30.00'L40S33°38'16"E138.57'L41S57°34'00"E175.93'L42S33°48'11"E156.41'L43S85°04'43"E57.00'L44S33°38'16"E89.35'L45S56°21'44"W55.00'L46S33°38'16"E30.00'L47N56°21'44"E55.00'L48S33°38'16"E150.00'L49N33°38'16"W27.00'L50S56°21'44"W30.00'L51S33°38'16"E27.00'L52S56°21'44"W181.35'L53S76°15'42"W159.87'L54S13''44'18"E30.00'L55N76°15'42"E145.29'L56N85°57'21"E31.07'Drawn By-CDKGSBChecked By-Date_01/18/2019CTA# BH17 ICUTWRCad Filfi- BOZHEALTHV003rA^LIVINGSTON, MT(406)222-0104Fax(406)222-1007WATER LINE EASEMENTGRANTOR: BOZEMAN HEALTHGRANTEE: CITY OF BOZEMANEXHIBITBREF SHEET#SHEET#2 OF 291 RELEASE AND RECONVEYANCE OF EASEMENTCOMES NOW the City ofBozeman, 121 North Rouse Avenue, Bozeman, MT 59715,aIVtunicipal Corporation of the State of Montana hereinafter ("GRANTOR") and does herebyrelease and reconvey the following described easement(s) unto _Bozeman Health , Montanaas follows:WITNESSETHWHEREAS the Grantor is the legal record title holder of water pipeline easement(s) situatedacross : Parcels of ground in the NW1/4, Section 17, and the SE1/4, Section 18, Township 2South, Range 9 East, P.M.,M. City ofBozeman, Gallatin County, Montana.WHEREAS the above _water pipeline _easement(s) was grantedNovember 26, 2013 and recorded on April 3, 2013 at the Clerk and Recorder's Office ofGallatin County, Montana.WHEREAS the construction of water pipeline _ has been completedwithout having to occupy said easements recorded on April 3, 2013, and WHEREAS thepotential re-alignment of_water pipeline _ can be appropriately considered withfuture subdivision review of these properties, the vacation of all of the water pipeline easementrecorded on April 3, 2013 will not adversely impact the Grantor's interests.WHEREFORE, the Grantor does hereby release and reconvey to Bozeman Healththe easement(s) located on the above described real property as set forth on Exhibit A attachedhereto together with any right, title, or interest that the Grantor may have in said easements as setforth on Exhibit A attached hereto and incorporated herein by reference as though fully set forth92 and described as follows: Water Pipeline Easement and Agreement Recorded on April 3, 2013 asDocument No. 2445318, in the Office of the Clerk and Recorder, Gallatin County, Montana.DATED thisday of_,20_GRANTOR - CITY OF BOZEMANTitleATTEST:City ClerkSTATE OF MONTANA ))ss.County of Gallatin )On thisday of, 2_, before me, a Notary Public forthe State of Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, knownto me to be the City Manager and City Clerk, respectively, of the City ofBozeman and thepersons whose names are subscribed to the within instrument, and acknowledged to me that theyexecuted the same for and on behalf of the City ofBozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.(SEAL)Notary Public for the State of Montana(Printed Name)Residing at_My Commission Expires//2093