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HomeMy WebLinkAbout10-07-19 City Commission Packet Materials - C3. Access Easement and Agreement with D. MaDill RTF for the Crestview Condos Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Anna Russell, Engineer II Shawn Kohtz, City Engineer SUBJECT: Authorize the City Manager to sign a Public Pipeline and Access Easement and Agreement with D. Madill RTF, LLC for the Crestview Condos project on Thomas Drive. MEETING DATE: October 7, 2019 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Authorize the City Manager to sign a Public Pipeline and Access Easement and Agreement with D. Madill RTF, LLC for the Crestview Condos project on Thomas Drive. BACKGROUND: Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. FISCAL EFFECTS: N/A ALTERNATIVES: As suggested by the City Commission. Attachments: Public Pipeline and Access Easement and Agreement Report compiled on: 9/17/19 65 Inter-office Original to:CityofBozemanDepartment of Community DevelopmentP.O. Box 1230Bozeman,MT 59771PUBLIC PIPELINE AND ACCESS EASEMENT AND AGREEMENTD. MADILL RTF, LLC, the GRANTOR, in consideration ofOneDollaLand other good andvaluable consideration, receipt of which is acknowledged, grant(s) to the City ofBozeman,GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintainapproximately 135 If (sanitary sewer) and 155 If (water) pipelines with the usual services,valves, connections, accessories and appurtenances for the purpose of transmitting sanitary sewerand water in, through, and across a strip of land situated in Gallatin County, Montana, to belocated on the following described real property:Lot 6, Baxter Lane Subdivision 1 situated in SW IA of in Section 35,Township 1 South, Range 5 East, P.M.M.City ofBozeman, Gallatin County Montana.The easement is more particularly shown on the attached PUBLIC PIPELINE AND ACCESSEASEMENT 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) 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 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 GRANTEEPublic Pipeline & Access EasementPage 1 of 466 deems necessary.THE GRANTEE AGREES:(1) That, in connection with the construction, operating, patrolling, repairing, substituting,removing, enlarging, replacing, and maintaining of said_Sewer & Water pipeline, 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 topsoil 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 structure 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.DATED this ^f_ day of WAftc./J 2019.Public Pipeline & Access EasementPage 2 of 467 GRANTOR^By:its: /^/<^STATE OF MONTANA)):ss)County of GallatinOn this "^/ day of f^/t^'^c'1^ _, 2019, before me the undersigned, a NotaryPublic for the State of Montana, personally appeared DeWin MaDill, known to me to beManager of D. MaDill RTF, LLC and the person whose name is subscribed to the withininstrument and acknowledged to me that he executed the within instrument for and on behalf ofD. MaDill RTF. LLC.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 MontanaChris BudeskiResiding at Bozeman MTMy Commission expires November 26, 2019Public Pipeline & Access EasementPage 3 of 468 ACCEPTED:CITY OF BOZEMANby.City ManagerATTEST:City 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//20Public Pipeline & Access EasementPage 4 of 469 EXHIBITADEPICTING AN EASEMENT OVER AND ACROSS LOT 6 OF BAXTER LANESUBDIVISION NO. 1, LOCATED IN THE SW1/4 OF SECTION 35, T1S, R5E, P.M.M,CITY OF BOZEMAN, GALLATIN COUNTY, MONTANAEASEMENT LINE FUNCTIONS:LEGAL DESCRIPTION:All that certain easement located on Lot 6 of BaxterLane Subdivision No. 1 situate in the SW1/4 of Section35, T1S, R5E, P.M.M., City of Bozeman, GallatinCounty, Montana, being more fully bounded anddescribed as follows:Beginning at the Southeast corner of the hereindescribed easement at a point which bears N 00°22'26"E a distance of 22.55 feet from the Southeast corner ofLot 6 of Baxter Lane Subdivision No. 1; thence throughsaid Lot 6 the seven (7) following courses; 1) S89°39'14" W a distance of 189.76 feet; 2) N 00°20'46"W a distance of 30.00 feet; 3) N 89°39'14" E a distanceof 28.11 feet; 4) N 00°20'46" W a distance of 16.46 feet;5) N 89°39'14" E a distance of20.DO feet; 6) S00°20'46" E a distance of 16.46 feet; 7) N 89°39'14" E adistance of 142.03 feet to a point on the East line ofsaid Lot 6; thence along said East line S 00°22'26" W adistance of 30.00 feet to the Point of Beginning.@ NOO°20'46"W 16.46'(B) N89°39'14"E 20.00'© SOO°20'46"E 16.46'NwEe.^e^vA6,LO^\\008-s^s'N89°16'57"E 300.71'(R)N 89°41'13" E 300.92' (M)^LU>^Q03<20I^LOT 12, BL 1BAXTER SQ. SUB.RU.D.PH.1 &2LOT 13, BL.1BAXTER SQ. SUB.P.U.D. PH. 1 & 2Said easement containing in area 6,027 square feet.0- 50' 100' 150'LOT 14,BLOCK 1BAXTER SQUARE SUB.P.U.D. PHASE 1 AND 2s?-coLU^^§LOT 6BAXTER LANE SUB. NO. 1±N^^i|l^_%;^;%:?^%%<%%%%;w^'/'/''//^'^/^//^/^§1§%;%%EASEMENTAREA= 6,027 Sq.^ I ^ ^^;%%%%%%%:;:^y/^///Z^Z^^/Z^'^^/2Zy/Z//A'/Z//^.S89°39'14"W 189.76'-^01[^N89°39'14"E 142.03'^'n:8^00Ft0mi-^-ininCMr^03coco^vsoic^OJ0003s4•(-;^^'S89°41'00"W 300.89'(M)S89°16'44"W 300.67'(R)_.'•\^^f^Point ofBeginningPROJECT NUMBERMT-148.78DATE05/01/2019SCALE1"= 50'SHEET 1 OF 1MERIDIAN LANDSURVEYING, INC.P.O. Box 587, Gallatin Gateway, Montana 59730Phone (406) 624-6565e-mail: meridiansurveying@yahoo.comM'<••;^^<§s*.^LA^?-''^ /OZ/7^^70