HomeMy WebLinkAbout95- Jewel Food Stores License for Access
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LICENSE FOR ACCESS
This License for Access ("License") is made and entered into this ~ day of
November, 1995, by and between the City of Bozeman, Montana, a municipality organized
under the Laws of the State of Montana ("City"), and Jewel Food Stores, Inc., a Delaware
Corporation ("Jewel"). Jewel and City shall sometimes be referred to herein as the "parties" or,
individually, as a "party".
RECITALS:
WHEREAS, City and Buttrey Food Stores Division of Jewel Companies ("Buttrey")
entered into that certain Agreement for Purchase and Sale of a Sewer Line dated August 12,
1970 ("Purchase Agreement"), a true and correct copy of the Purchase Agreement is attached
hereto as Exhibit "A" and incorporated herein by reference, wherein Buttrey agreed to sell and
City agreed to purchase, operate and maintain that certain sewer line, which sewer line shall be
designated herein as the "Shopping Center Sewer Line", servicing real property known as the
Buttrey Shopping Center located at 1600 West Main Street, Bozeman, Montana, hereinafter
referred to as the "Property", and more particularly described in Exhibit "B" attached hereto and
incorporated herein by reference; and
WHEREAS, Jewel or its predecessors in interest were prior owners of the Buttrey
Shopping Center since 1966, and the parties have undertaken certain environmental investigation
and remedial action at the Property pursuant to certain Orders issued by the Montana Department
of Environmental Health and Sciences ("MDHES") and voluntary actions; and
WHEREAS, City desires to install a soil vapor extraction ("SVE") system along the
Shopping Center Sewer Line and MDHES has approved the construction and operation of a SVE
system for remediation of Contaminated Soils adjacent to the Shopping Center Sewer Line;
WHEREAS, Jewel is willing to grant a temporary, limited right of access for the City
to construct, operate, and remove an SVE system, as more fully described in the "Buttrey
Shopping Center Soil Vapor Extraction Preliminary Design Report prepared by Nicklin Earth
& Water, Inc.dated October 3, 1995, as modified and approved by MDHES on October 13,
1995 (hereinafter "SVE Design Report", incorporated herein by this reference), and to remediate
any Contaminated Soils encountered during such activity;
NOW, THEREFORE, in consideration of the premises and for other good and valuable
consideration, the receipt and suffIciency of which are hereby acknowledged, Jewel and the City
agree as follows:
1. Limited Grant of Access. Jewel hereby grant'i to City and its duly authorized
contractors, subcontractors and agents (collectively, the "City Workers", which shall expressly
include Nicklin Earth and Water, Inc.), a limited license to enter upon the Property in order to
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construct, install and operate a SVE System (collectively, the "Activities") as proposed in the
SVE Design Report, subject to the terms and conditions of this Agreement. The grant of license
to City and City Workers is and shall be deemed a limited grant for the specific purposes set
forth herein to allow the City to construct, install and operate a SVE system to remediate
Contaminated Soils adjacent to the Shopping Center Sewer Line in the scope and manner
provided in the SVE Design Report. This Agreement is not, and shall not be deemed to be, a
public dedication, and no person or entity shall be granted access to the Property under this
Agreement except as expressly set forth herein. This Agreement shall not abridge, limit, modify
or in any way constrict the rights or obligations of the City granted by that certain grant attached
hereto as Exhibit A.
Additionally, the City shall provide to Jewel adequate assurances that the Activities it
proposes in connection with the SVE system will not affect the structural integrity of the
shopping center improvements or any monitoring wells installed in or around the Shopping
Center or otherwise damage or threaten to damage the improvementl\ to the Property.
The limited grant of access hereunder shall give City and the City Workers the ability to
enter only upon the portion of the Property necessary to perform the Activities, and only to the
extent reasonably required and for the time reasonably necessary. Such access is on an "as is"
basis, and the City expressly assumes full and complete responsibility in connection with the
Activities for the safety and well-being of the public, shopping center tenants, the shopping
center improvements, and City Workers while on the Property.
This Agreement does not nullify or void any obligations the City may have under any
prior Site Access or License for Access Agreements it has with Jewel, including, but not limited
to, the obligations of the City under the prior agreements to return the Property to the appearance
and condition of the Property as it existed prior to City Workers undertaking activities on the
Property, including without limitation, the City's obligation to repair asphalt on the Property,
and to coordinate activities under this Agreement to provide continued access for the Shopping
Center tenants, vendors, and customers.
2. Conduct of the Activities. City agrees to perform, or cause to be performed, the
Activities with the assistance of qualified environmental consultants, environmental remediation
contractors and civil and structural engineers, as it may deem appropriate. Adequate forces shall
be engaged to expeditiously complete the Activities with diligence and in a manner, to the extent
reasonably possible, to avoid interference with and minimize disruption of the operations or
businesses of persons or entities operating or conducting business at the Property, and to protect
and preserve the structural integrity of all improvements thereon. City shall cause the City
Workers to undertake all actions on the Property, including, without limitation, the Activities,
in a manner reasonably calculated to provide for the safety of all persons who may come thereon.
City shall cause the City Workers to accomplish all of the Activities undertaken by them in a
good and workmanlike manner and in accordance with all applicable governmental laws, rules,
regulations and orders. City further agrees to obtain, or cause to be obtained, all permit\!,
licenses, approvals and consents necessary or legally required in connection with the Activities.
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The Activities shall be deemed completed within the earlier of TWO (2) YEARS or when City
has remediated the Contaminated Soils encountered during the performance of the Activities to
the clean-up levels as established by the MDHES or the United States Environmental Protection
Agency (or any successor agency).
The City shall complete the Activities pursuant to the following conditions:
a. No Excavations Within Fifteen ( 15) Feet of the Foundation: No excavation
shall occur where the bottom centerline of such excavation is closer than fifteen (15) feet from
the foundation of the shopping center improvements unless the excavation is shored or other
adequate protection is undertaken to protect the structural integrity of the shopping center
improvements. In areas where the bottom centerline of the excavation is closer than fifteen (15)
feet to the foundation of the shopping center improvements, the length of any open trench shall
not exceed the depth of the excavation.
b. Access: Access to and from the Property from 15th Avenue will not be
restricted.
c. Repaving: Any excavations on the Property shall be repaved in accordance
with the "Technical Specifications, Sanitary Sewer Line Replacement, Buttrey Shopping Center"
dated August 1994 and the "Work Plan Line ReplacementiSoil Remediation, Voluntary Action,
Buttrey Shopping Center" dated September 1994, both prepared by Canonie Environmental
Services Corp. (now Smith Environmental Services Corp.) for the City with reasonable diligence,
but in any event within sixty (60) days after written request by Jewel.
d. Reclamation. Unless otherwise agreed in advance and in writing by the
Jewel, upon completion of the Activities, City will promptly return the Property to the
appearance and condition of the Property as it existed prior to City Workers undertaking the
Activities. Unless otherwise agreed in advance and in writing by the Jewel, any damage to
surfaces or structures at the Property shall be promptly repaired in a diligent and professional
manner and the Activities shall be completed in a manner as to meet all applicable federal, state
and local clean-up and construction standards with respect to the Property.
Access to the Property under this License will be between the hours of 6:00 a.m. and
9:00 p.m., Monday through Friday, but not including holidays recognized by the United States
or the state of Montana, and at such other times agreed upon by the parties hereto. The City
agrees to provide at least tive days' advance notice in writing to Jewel or any successor thereto
of the dates and times that the City's Workers will begin the Activities on the Property. The
license for access granted herein shall give the City's Workers the Tight to enter only upon those
portions of the Property which are common areas located over the Shopping Center Sewer Line
reasonably required to perform the Activities, and does not include the right to enter any portion
of the Property under lease to any tenant. The City shall further provide Jewel with not less
than forty-eight (48) hours advance written notice of any proposed change to the Activities and
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shall not implement any such changes unless the City has obtained prior written approval from
J ewe!.
Notwithstanding the foregoing modifications to the Plan, nothing hereunder shall relieve
City and City Workers from exercising due care in the execution of the Activities or relieve City
and City Workers from liability arising out of the Activities, including but not limited to, damage
to the structural integrity of the shopping center improvements on the Property. Regardless of
fault (except for the sole fault of Jewel), the City is solely responsible and liable to Jewel and
third parties for any damage to the Property or the improvements thereon, including damage to
the structural integrity of the improvements on the Property.
3. Notification with Respect to Activities. City shall notify Jewel not less than forty-
eight (48) hours prior to any proposed Activities to be conducted by or at the direction of City
or City Workers on the Property, including, without limitation, sampling conducted as part of
the authorized Activities. At Jewel's request, City will allow Jewel to take a "split sample" (a
portion of the materials collected by City Workers for analysis) of any sample taken by or at the
direction of City or the City Workers. Furthermore, Jewel's environmental consultant, Camp,
Dresser & McKee, Inc. ("CDM"), shall have full access to the site and be permitted to be take
any and all soil or water samples it may require during the Activities.
In the event that any of the actions contemplated as part of the Activities proposed by
City or the City Workers involve disruption of vehicular access or current use of the Property,
then City shall provide a detailed written action plan that addresses the time, duration, area
impacted and the conditions set forth below associated with the proposed action, and such action
plan shall be submitted to Jewel not less than five (5) business days (or such lesser time as Jewel
may approve in advance and in writing) prior to such action for Jewel's approval, modification
or rejection, and such action shall not commence without prior written approval of the action
plan by Jewel.
4. Rit:ht to In&pect. Jewel may, at Jewel's expense, inspect and review the conduct
and progress of the Activities by City or City Workers from time to time, atJewel's discretion;
provided, in so doing Jewel shall not unreasonably interfere with the City Workers performance
of the Activities.
5. Liens. City shall payor cause to be paid in full all persons who perform labor
or provide services or materials in connection with the Activities. City agrees to keep the
Property free and clear of all liens or encumbrances, whether in the nature of a mechanics',
materialmen's or environmental liens or any other type of lien whatsoever, due to City's actions
or City Workers' actions pursuant to this Agreement. If any lien is tiled against the Property
or if any claim is made against Jewel, or any affiliated entity thereof, for payment of labor,
materials, equipment or services pertaining, directly or indirectly, to the Activities, then City
shall promptly take all actions, at City's expense, necessary to fully and completely discharge
such lien or claim.
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6. Indemnification. City hereby indemnifies, holds harmless and agrees to defend
Jewel, its affiliated companies, its successors, agents and assigns, the tenants of the Property and
their agents, directors, otlicers and employees from and against any and all losses, expenses,
liabilities, judgments, claims, actions, suits, fines, penalties, costs, demands, causes of action
and damages (including, without limitation, reasonable attorneys' fees, court costs, reasonable
investigative and discovery costs, consultants' fees and other costs) asserted by third parties
and/or City Workers, or otherwise, and whether judicial, administrative, or otherwise, at law
or in equity, known or unknown, foreseen, unforeseen or unforeseeable, arising from, out of,
or in any way related to the work performed in connection with the Activities. Such obligation
of City shall apply particularly to, but without limitation, liabilities and judgments on account
of injury to persons, loss of life, or damage to property, whether occurring on or off the
Property . Such indemnification shall, without limitation, encompass any and all act'i or
omissions of City and/or City Workers, including, without limitation, the negligence or willful
misconduct of City and/or City Workers, which acts or omissions shall be deemed and
considered by Jewel to be the acts or omissions of City.
7. Removal and Disposal of Contaminated Materials. City shall store, treat, recycle,
transport, dispose of and handle Contaminated Soils or other contaminated material, including,
without limitation, all SVE condensate, spent granular activated carbon filters, contaminated filter
media, or any other regulated substance used with the SVE at or removed from the Property by
City or City Workers, in City's own name and in accordance with all applicable laws, rules,
regulations and orders. City shall at all times be deemed the owner of any such Contaminated
Soils or other contaminated material removed in connection with or as part of the Activities, and
shall execute in its own name all manifests and other documents pertinent to the storage,
transportation, handling and disposal of such contaminated soils or other contaminated materials,
and shall promptly deliver a copy of any such manifests or other documents to Jewel. Neither
City nor City Workers shall take any action or fail to act, so as to permit the Property to become
a hazardous waste treatment, storage and disposal facility under any applicable laws, rules,
regulations or orders.
8. Limitation on Use by City of the Property. Unless approved in advance and in
writing by Jewel, City agrees that no Contaminated Soils will be temporarily stored anywhere
on the Property. City further agrees that no equipment or materials of any kind shall remain on
the Property after the termination of this Agreement without Jewel's written consent.
9. Information Pertaining to the Property. City will promptly furnish to Jewel
quality assured written analytical results and other significant findings relating to the Activities.
City shall also promptly, upon receipt thereof by City, provide to Jewel copies of all written
materials, including, without limitation, reports, pertaining to the environmental condition of the
Property and soil or other materials removed therefrom.
10. Communication with Governmental Entities. City shall give Jewel advance written
notice and copies of any environmental documents that City desires or intends to deliver to any
governmental agency or third party with regard to the Activities, and shall provide Jewel with
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with the opportunity to promptly offer reasonable input into such environmental documents.
City shall immediately notify Jewel in writing of any non-routine inquiry by any governmental
agency or third party relating to the Activities. City shall further promptly provide Jewel with
advance written notice of any intended communications and/or meetings with any governmental
agencies which may materially change or impact the Activities, involve the issuance or
imposition of fines, or pertain to demands, claims, penalties or other sanctions and/or affect the
use or operation of the Property. Jewel may, if Jewel desires, attend in person or through its
representatives any meeting with a governmental agency pertaining to the Property.
11. Assig:nabilitv. This Agreement and the rights and obligations created hereunder
shall not be assigned by City, in whole or in part, without Jewel's prior written consent.
12. Notices. All notices, requests, demands and other communications hereunder
required in writing shall be provided either by (a) Federal Express (or other established express
delivery service which maintains delivery records), (b) hand delivery, (c) certified or registered
mail, postage prepaid, return receipt requested, or (d) by facsimile transmission, provided any
such communication is concurrently given by one of the previous methods, to Jewel at the
following addresses, or at such other addresses as the Parties may designate from time to time
by written notice in the above manner:
Jewel: Lawrence A. Metz
American Stores Company
420 East South Temple
Salt Lake City, Utah 84111
With a copy to: Jones, Waldo, Holbrook & McDonough
170 South Main Street, Suite 1500
P.O. Box 45444
Salt Lake City, Utah 84145-0444
A TTN: Randall N. Skanchy, Esq.
(801) 521-3200
(801) 328-0537 (FAX)
Paul Maxwell
Buttrey Food and Drug Company
601 6th Street, S.W.
P.O. Box 5008
Great Falls, Montana 59404
(406) 454-7281
(406) 454-7251 (FAX)
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Dale Fasching
Tamarack Property Management Company
Suite 538, 2929 Third Avenue North
Billings, Montana 59101
(406) 252-3907
(406) 252-9512 (FAX)
City: City of Bozeman
c/ 0 Barry G. 0 'Connell
Moore, O'Connell & Refling
Suite 10 Life of Montana Building
60 1 Haggarty Lane
P.O. Box 1288
Bozeman, Montana 59771~1288
(406) 587-5511
(406) 587-9079 (FAX)
Notices shall be deemed etIective upon receipt, or upon attempted delivery thereof if
delivery is refused by the intended recipient or if delivery is impossible because the intended
recipient has failed to provide a reasonable means of accomplishing delivery.
13. Force Mcijeure. If either Party shall be delayed or hindered in or prevented from
the performance of any act required under this Agreement by reason of condemnation, fire or
other casualty, flood, earthquake, civil disorder, war, riot, strikes or other labor disturbances or
disputes, governmental or judicial order, acto; of God, and/or other act'i or actions beyond the
control of such Party, except financial or economic causes, the performance of such act shall be
excused for the period of the delay provided written notice of the force majeure event and
duration of the delay is provided to all Parties within 24 hours after the force majeure event is
known by the party claiming force majeure under this clause. Except as otherwise provided in
this Agreement, the provisions of this Section shall not operate to excuse City from prompt
payment of any sums required by this Agreement.
14. Attorneys' Fees. In the event either Party commences a legal proceeding to
enforce any of the terms of this Agreement, the prevailing Party in such action shall have the
right to recover reasonable attorneys' fees and costs from the other Party, to be fixed by the
court in the same action. The term "legal proceedings" shall include appeals from a lower court
judgment as well as proceedings in the Federal Bankruptcy Court (the "Bankruptcy Court"),
whether or not they are adversary proceedings or contested matters. The "prevailing Party" (a)
as used in the context of proceedings in the Bankruptcy Court shall mean the prevailing Party
in an adversary proceeding or contested matter, or any other actions taken by the non-bankrupt
Party which are reasonably necessary to protect its rights under the terms of this Agreement, and
(b) as used in the context of proceedings in any court other than the Bankruptcy Court shall mean
the Party that prevails in obtaining a remedy or relief which most nearly reflects the remedy or
relief which the Party sought.
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15. Miscellaneous. The terms, covenants and conditions contained in this Agreement
shall be binding upon and inure to the benefit of the heirs, successors, transferees and assigns
of the Parties. Nothing contained in this Agreement shall be deemed to create the relationship
of principal and agent, partnership, or joint venture between the Parties. As of the date hereof,
this Agreement constitutes the entire agreement between the Parties with respect to the specific
subject matter hereof and may only be modified by a subsequent writing duly executed by both
Parties. Time is expressly made of the essence of each and every provision of this Agreement.
This Agreement shall be interpreted and construed only by the contents hereof, and there shall
be no presumption. or standard of construction in favor of or against either Party. This
Agreement shall be construed and enforced in accordance with, and governed by, the laws of
Montana. The individuals executing this Agreement represent and warrant that they have the
power and authority to do so and to bind the entities for whom they are executing this
Agreement, and that no other act, signature or consent is necessary to bind their respective
entities to the terms of this Agreement. If any term or provision of this Agreement or the
application thereof to any person or circumstance shall to any extent be held by a court in an
action between the Parties or otherwise affecting this Agreement to be invalid or unenforceable,
the remainder of this Agreement or the application of such term or provision to persons or
circumstances other than those to which it is invalid or unenforceable shall not be affected
thereby, and each term and provision of this Agreement shall be valid and shall be enforced to
the extent permitted by law. Headings used in this Agreement are for convenience of reference
only and in no way define, limit or describe the scope or intent of any provisions or terms
hereof. This Agreement may be executed in counterparts, each of which shall be deemed an
original, and all of which together shall constitute one and the same document.
IN WITNESS WHEREOF the City and Jewel have signed this License for Access
effective as of the date first above written.
JEWEL FOOD STORES, INC.,
a Delaware corporation
BY~~
Its: '>J\ u. { <;1)>:.rI
CITY OF BOZEMAN,
a Montana municipal corporation
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BY~ :vv.~ .04.) L.J'
Its:
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. . This Agreement for Haintenance and Bill of Sale made and
en~ered into this ,12th day of Au::ust" 1970, by and betw~en BUT':'REY
FOOD STORES DIVISION, JZWEL COMPANIES, INC., A New Yor~ Corporation
qua1ified.:.o do business in Montana (Buttrey), party of the Fi...::'st -
.
',' Part and CITY OF BOZEMAN (Bozeman), A Municipal Corporation, party
of the Second Part.
WITNESSETH:
THAT in consideration of the mutual covenants and for other
good and valuable consideration Buttrey hereby sells, grants and
conveys to the City of Bozeman certain water mains, sewer pipes,
valves, reducers, tees, man-hole covers, fire ~ydrants and plugs
more particularly described in Exhibit A attached hereto and oy
this reference made a part hereof:
Bozeman agrees to operate, maintain, repair, alter, inspect
and ~eplace, as necessary, that equipment a~~ to provide sewer and
water services to the real property set forth on Exhibit B attached
hereto and by this reference made a part hereof.
BUTTREY FOOD STORES DIVISION,
JEWEL COMPANIES, INC.
(Corporate Seal) ~e,<-~ 't[<LCZL
By , II
r ATTES T : (:1e) PreSl.d.ent 1/"")..:
By*,--~-rnaj CITY
(corporat. Seal) By
AT'1'EST:
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Clerk of the C1t~oaD1s.ion
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~ . b.ar1:c ot N61'51' East, a d1lt&nce ot 16-.15 tilt, morl or 1'1', to tbt point or
'b.,1r.n1:C. SUutah 1: Ca1lat1D CO\Jnt1. HcDtu&, accorda.c to :>..4 rtcord.4 1:1 Book
'3" or CudS, pac. Z8S, aCtJlIING tl:!UtnCl!h
.1 p.arctl orllod 1n thl W~ ot StCUOD 12, towlhlp Z South, b,DCI 5 talt, , .H.M. iA
tb, CUr ot !CUc&D. Oallat1:1 C~tl, Moctua, and ta1q mor. part.1e~la.r11 cSucr1btd u
tolleva'
!tC1n.D1:C at. COrDI" 10. 1 of ..14 parctl, W1u 11 ld'DUCal .)tUb th, st Oon1tr of 1&14
t,.act.. .
beDCt, trom Carol" Ro.. 1, South aa'1%'OO' 'lilt aloq thl South ltDt or Idd tnct.,
-.m1c~ 1.1 1denUcal vUh the Korth r1&ht. of 'ft7 Un, ot UI l:d.It1.D& h1CbVl.1. a d1ltanc-e
ot 190.00 r"t t.o Cora.r Ro. 2,
1hll:lot, rrom Coro.r 10. Z, Ho.rth 00'00'00. Eut & d1ltuot t4 165.00 tilt to Cor:lr 10.
3. ~1~ 11 =ark.. v1t.h . it'll ~,
I n'Det, rroa CorD.r 10. 3, Worth aa'12'00. 1&1\ . dlltuc. or 190.00 tut. to Cene,. 10.
.. w1ch 1.. oc thl "tit. l1D. of Wo,.tb rutel!l~ 1.,t=l. ud 11 .,.ked v1th . .h.l ro4,
! !'benct. r1"OA Coro.r 10. a, South 00'00'00' Vtlt. aloq UI V..t. 111l. of Worth r1tt.l.ut.h
.1T1D"I, w1ch 11 1IS.cueal with thl tast. ltDl t4 l&1d tract, a d1.ltanet ot 165.00 tilt
\.0 Corclr )10. " loconu'cl to SW""Ia1 rloOl'dI' SA rua Z1, pac. 50, IJm ruantEI
tICUIUG tl:!UUlO!h
.1 parcll or laad located 1A the Wort.bVllt ~ at S.at1ca '2. Tow'hlp two 3wt.b,
J~Ct 11"'1 talt., PriDe1pal Kt,.1eSlu or Ka:D\aAa, Sa ~e cs.t.7 of JOUMA. OaU.tSA
Cou.Dt.l. MoDtaD&, &DeS l11D& woll1 v1th1A \bat. Vao\ .-....l.eS '1 dillS noOl"'d.d 0: paC"
285 "IS 286 or look ot ~..41 "-, SA th. ott1H of the Cout., ClIn u4 l.oOl"dIJ" ot
aa14 cw.ct7 &Ad t.I!q .,re pa.rt.1c:ul&r17 4t1.,.Dtd u t~Uon, \o-v1t.
ItC1nDUI at. a ,olAt . \bl ta., u.ze ot .&14 V'ao\, w1. s.a _rked wUh a .t..l 1"04,
aDd U 1dtattaal v1\1a UI lorthl.lt OOt'llll' ot \at. 0.11' aare pareel 1d.DtUlId u 1.ot.
Z CD u.at aap rtool"'d.d OIl ru. 21 p&&, 50 ot thl ~"d ItcOl"4a of ,a&14 oou:t7.
'ThtC4t SCN~ "'1Z'00. V..t alo=c \.bl lorUa au of ..14 J.,ot. I, . d1lwo. of 190.CO
rut. t.o thl SouUVtlt. oonl'" of t.bl.l 0.21a aaN pua.l, w1Db U auka4 v1~ a at.Ml
rod, aDd 11 1dut,ical vitia U. Jlorthvut oorall" ot aa1d Lot. I. ,
n'CCt lo.r~ 00'00'00. tut . dl.t¬ of 50.00 tilt t.o U. lozet.2:Vut QOf':.Ir of th1.a
0.21 a acrl parodI wid 11 .,.kld v1t.1a a .t..l rod.
'Thecc.'Worth 8a'12'00. Ealt a dl.t.&Dol of '10.00 tl.t to thl lertb.a.t oorall" or ~u
0.z18 lorl parod, Whlch 11 _rklct v1th a .t..l rod aD UI tb. ta.\ la. at 1&1d t.raot..
'TbIOCt South 00'00'00. V.lt aleGe thl la14 taat 11De a ct1l~o, ot 50.00 r.lt. to ~
po1=t. of b'cw1q, aooord1D& to c.rtU1cat.1 of I~ 10. ~5.
"Subject to existing easements, agreements. leases, or other encumbrances of record"
'9127 . A-I
. .
. .
. .
THE LAW FIRM O~aJ d O(!~U rrLUCl:_
MOORE, O'CONNELL & REFLING
A PROfESSIONAL CORPORATION
SUITE 10 LIFE OF MONTANA BUILDINC;
PERRY J, MOORE 601 HAO<;EI'.TY LANE
BAI'.RY G. O'CONNELL Reply To
MARK D, REFLlNG POST Of+ICE BOX 1 ZBB
WM, RUSSELL McELYEA
CINDY E. YOUNKIN BOZEMAN, MONTANA S9771-1288
WILLIAM M, BROOKE TELEPIIONL (406) 587.5511
I'AX, (406) 5B7.9079
TRANSMITTAL LETTER
f-obt'v1 - -
DATE: December 21, 1995 V/V'V;cJ
riD. .rvLUlf
TO: Paul J. Luwe, Esq.
PoA JDWV
City of Bozeman
P.O. Box 640 N- O/~ qi ,
Bozeman, MT 59771-0640
RE: Jewel v. City of Bozeman
License for Access
Our File No: 20028-007
PLEASE:
[ ] File or Record [ ] Per your request
[ ] Return a conformed copy [ ] For your information
[ ] Payment Enclosed [XX] For your file
[ ] Review and call [ ] Call for an appointment
[ ] Review, sign and return [ ] Other
Enclosure: original License for Access signed and dated November 1,
1995. Please keep this document in your file.
Sincerely,
&iVlld~J. tJcyX.
Brenda S. Hegel, PLS
Legal Assistant to
BARRY G. O'CONNELL