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HomeMy WebLinkAbout05-06-19 City Commission Packet Materials - C8. Utility Easement and Public Access Agreement with Ironwood for W. Peach Condos 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 utility easement and public pipeline and access easement and agreement with Ironwood Inc. for the West Peach Condos project located at Peach Street and 3rd Avenue. MEETING DATE: May 6, 2019 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Authorize the City Manager to sign a utility easement and public pipeline and access easement and agreement with Ironwood Inc. for the West Peach Condos project located at Peach Street and 3rd Avenue. BACKGROUND: Attached are copies (original to City Clerk) of the partially executed easements. Engineering staff reviewed the documents and found them to be acceptable. FISCAL EFFECTS: N/A ALTERNATIVES: As suggested by the City Commission. Attachments: Utility Easement Public Pipeline and Access Easement and Agreement Report compiled on: 4/23/19 180 UTILITY EASEMENTIronwood Inc., GRANTOR, in consideration of $ 1.00 and for other and valuable considerations,receipt of which is acknowledged, grants to The City ofBozeman, a municipal corporation of theState of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715,GRANTEE, its successors and assigns, a perpetual utility easement for the use of each and everyperson, firm or corporation, whether public or private, providing or offering to providetelephone, electric power, gas, internet, cable television or other similar utility or service, theright to the joint use of an easement for the construction, maintenance, repair, and removal oftheir lines and other facilities, in, through, and across a strip of land situated in Gallatin County,Montana, 10 feet wide to be located on the street frontage of following described real property:Lot 1A Block 1 in the Amended Plat ofWestlake's First Addition to Bozemansituated in SE % of in Section 1, Township 2 South, Range 5 East, P.M.M.City ofBozeman, Gallatin County Montana.The easement is more particularly described on the attached Exhibit A which by thisreference is made a part hereof.The GRANTOR states that he possesses the real property described above and that he hasa lawful right to grant an easement thereon.The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy therights and privileges herein granted without any interruption by the GRANTOR.The terms, covenants, and provisions of this easement shall extend to and be binding181 upon the heirs, executors, administrators, personal representatives, successors, and assigns of theparties hereto.DATED this J-v day of "T^sJ-^-^ 20 t^).STATE OF MontanaCounty of GallatinGRANTOR:)) ss.)On this 3-\ day of CTfi-<\>j,, 2019, before me the undersigned, a NotaryPublic for the State of Montana, personally appeared, Julien D. Morice, known to me to be theManaging Partner of Ironwood Inc. and the person whose name is subscribed to the withininstrument and acknowledged to me that he executed the within instmment for and on behalf ofIronwood Inc & Skeeter LLC.W WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.CL^ r^A_Notary Public for the State of MontanaChris Budeski(Printed Name)Residing in Bozeman, Gallatin CountyMy Commission Expires November 26, 2019n^t^~ - CHR!3 BUDESKII ^^''•"''^^ Notary PubiicJ^ %o-TAR^/?Zfor thejitate of Montanaj^.i .—- :-=„„. .Residing at:I^.SEAL.^SK^hTan,' Montana<^^-.- • ••^/ Mv Commission Expires:"'^.^^ "November 25, 2019'i^QFfffy^-182 ACCEPTED:CITY OF BOZEMANby _City ManagerATTEST: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 nanies are subscribed to the within instmment, 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.Notary Public for the State of Montana(Printed Name)Residing at_My Commission Expires / _/20_(SEAL)183 >-0<:I0Q;,^'SSLM ..S17.LL.OO S^orLdIIQ- Zi0|^t-' cocn CM'• inOT C~NI00)(^ft@l^11Q<QO2^5m©M^111S|||"=s§y oIIsz ^Ld 0<1^m^i520s 5^s^§aL-I- 0<^^ ^su- ^^^ ^Ssud UJ , ^^ ^ Lfc: 2< F^OQ:>^ ^ h ?0 Z=)^^^ ^y^ is'8&8[K.i< m LO^ — CN <0 L3 a. oh-' -J-J <I!Q_ C^p ^-u zQ Q Z^ s^^"Q ill< (7)<0< QUJ,S8'69M.,S^,LL.OOSLJ ZQ Ldt0^SlS|in•<!-r-00co1^- m^CLLdQ^s§ISl^t<fr)CNLJst[po?00wI^IC/3,9-^SL3 .^O.W.OO N2r^)0•^-000z0dICMr-roCs|0r^I"01coIB«p'»]q!4»3 )uauj9SD3 <t!|!in\i!q!qx3\B»p\43DS,r^iCN)l0CM0r^^cn000Si^^0Q-U.=iQ;gaLJ => I-ZO-2^ LJo"s0 z LLIzL2^ISi^uLdtjj^gm^Q:U- PQ- 0 =>CIE /.»l-^lVlOZ\aV3V\:3184 Inter-office Original to_iCityofBozemanDepartment of Community DevelopmentP.O. Box 1230Bozeman,MT 59771PUBLIC PIPELINE AND ACCESS EASEMENT AND AGREEMENTIronwood Inc., the GRANTOR, in consideration of0ne^oll^_and other good and valuableconsideration, receipt of which is acknowledged, grant(s) to the City ofBozeman, GRANTEE,its successors and assigns, a perpetual easement to lay, construct and maintain_approximately135 If (water) pipelines with the usual services, valves, connections, accessories andappurtenances for the purpose of transmitting water in, through, and across a strip of landsituated in Gallatin County, Montana, to be located on the following described real property:Lot 1A Block 1 in the Amended Plat ofWestlake's First Addition to Bozemansituated in SE YA of in Section 1, Township 2 South, Range 5 East, P.M.M.City ofBozeman, Gallatin County Montana.The easement is more particularly shown on the attached PUBLIC WATER PIPELDSTE ANDACCESS EASEMENT EXHIBIT A which by this reference is 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) Constmct, 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 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 GRANTEEWater Pipeline & Access EasementPage 1 of 4185 deems necessary.THE GRANTEE AGREES:(1) That, in connection with the construction, operating, patrolling, repairing, substituting,removing, enlarging, replacing, and maintaining of said_Water pipeline, it will repair orreplace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any damagesto growing crops, existing fences, ditches and other appurtenances of said land that maybe 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 ofbackfilled 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 stmcture within theboundaries 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 beconstructed 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.^T'DATED this J»-N day of J^AO^-^_,2019.Water Pipeline & Access EasementPage 2 of 4186 GRANTORBy:onwood Inc.its: Managing PartnerSTATE OF MONTANA )):ssCounty of Gallatin )On this'^_ day of ^~<^no., 2019, before me the undersigned, a NotaryPublic for the State of Montana, personally appeared, Julien D. Morice, known to me to be theManaging Partner oflronwood Inc. and the person whose name is subscribed to the withininstrument and acknowledged to me that he executed the within instmment for and on behalf ofIronwood Inc & Skeeter LLC.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.^^Notary Public for the State of^fofitanaChris Budeski(Printed Name)Residing at Bozeman MTMy Commission expires November 26, 2019.\'.vI /0SU^CHRiS BUDE5KSNo?a;v PU^;!C'J '":''^^::' Yo!' ths^t^^SEMEi)t5na^*.:.c^T? .;*5 „ F;cs:cnn3 at:.^('^•.&i-<i^.^-^ Bozemsn, MontanaII•j ;.N^'Commlssicn Empires:Novsr-nber 55, 2019'.—..-Water Pipeline & Access EasementPage 3 of 4187 ACCEPTED:ATTEST:CITY OF BOZEMANby _City ManagerCity ClerkSTATE OF MONTANA ))ss.County of Gallatin )On thisday of, 2019, before me, a Notary Public forthe State of Montana, personally appeared _ and _,known to me to be the City Manager and City Clerk, respectively, of the City ofBozeman andthe persons whose names are subscribed to the within instrument, and acknowledged to me thatthey executed 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.Notary Public for the State of Montana(SEAL)(Printed Name)Residing atMy Commission expires//20_Water Pipeline & Access EasementPage 4 of 4188 0jl^^XHH^IXSQUt HJ.^ION,^-SSLrhl—^1—1(—1t-JL-lwM ,,S^,ll.OO S^01ua.0Q;CLCl~z. T-< ^Ld I— 0li^.ss<-^^t^^3^^4^ ^ QLLJI—^ < <i 'I=> ^CLI-slls§ils^sgH"Qyill!51ii<QQ<u-ffislI ^g[z y^.^ ^g^^fe2^ F±OQ:^ ^>co ^ i-^~€%^K^ 0 _.z< m co E7^ ~ ^ <0- ^^-^p ^ - <i§s"Ill2 QU< QUJ< co^ ^5i-.i^lslo ^ (75Ld < <a. mLd,0-OC.S8-6SiM,.S-t^.lLOOS,M..S-t^.LL.OOS1^0uCt:k"UJ|s0|.CNll K5'^oil'-oo icn ICN|n'T'O<p01oo-<j-,0-OC3 ..OS.80.00 N0-Q I-^ <^^1§^^i^c/)s.^ysp;^'CNCslinCM\pcn00§Iins^H^M^ET-^I(A6Mp-iiq]4X3 »u»ulaso3 JSIOM 3l|qnd\l]q!qx3\6«*P\l|3°3i^ CIS: ttl-tl\ilO':\P^a\'-3189