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Home My WebLink About10-28-19 City Commission Packet Materials - C8. Easements with Les Schwab for the Walker Property Subdivision PUD 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 Access Easement for construction of a sidewalk and a Public Access Easement for construction of a multi-use path for the Les Schwab project at 1100 Reeves Road (Planning Project 19060). MEETING DATE: October 28, 2019 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Authorize the City Manager to sign a Public Access Easement for construction of a sidewalk and a Public Access Easement for construction of a multi-use path for the Les Schwab project at 1100 Reeves Road (Planning Project 19060). BACKGROUND: Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. FISCAL EFFECTS: N/A ALTERNATIVES: As suggested by the City Commission. Attachments: Public Access Easement - Sidewalk Public Access Easement – Multi-Use Path Report compiled on: 10/17/19 163 Return to:CTA Architects Engineers121 S. Main StreetLivingston, MT 59047PUBLIC ACCESS EASEMENTSFP-E, LLC, GRANTOR(S), in consideration of one dollar ($1.00) and for other and valuableconsideration, receipt of which is hereby acknowledged, grants to the City ofBozeman, aMunicipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue,Bozeman, Montana 59715, GRANTEE, a public access easement for a sidewalk for the use ofthe public in, through and across an eleven foot wide sfa'ip of land situated in Gallatin County,Montana, which is located on the following described property:"Lot 1A of Block 6 of the Amended Plat of Lots 1A, 2, 3, and 4A of Block 4 of Walker PropertySubdivision (a Planned Unit Development), siftiated in the SE1/4 of Section 26, Township 1South, Range 5 East, P.M., M., Gallatm County, Montana, according to the official plat thereofon file and of record in the office of the County Clerk and Recorder ofGallatin County,Montana. [Plat J-164-B]The easement is more particularly described on the attached Exhibit A and B which bythis reference are made a part hereof.164 The GRANTOR(S) agrees:(1) To construct and maintain the sidewalk at their own expense in accordance with relevantCity Ordinances, including, but not limited to, snow removal and all major and minorrepair work.(2) To allow the City to make any and all inspections of the sidewalk and land appurtenantthereto as the City reasonably deems necessary.The GRANTOR(S) warrant that they are lawfully seized and possessed of the realproperty described above, that they have a lawful right to convey the property, or any part of it,and that they will forever defend the title to this property against the claims of all persons.The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy therights and privileges herein granted without any interruption by the GRANTORS. The terms,covenants and provisions of this easement shall extend to and be binding upon the heirs,executors, administrators, personal representatives, successors and assigns of the parties hereto.(SIGNATURE PAGES TO FOLLOW)165 DATED thisday of O^f- .201^.GRANTOR:^A-CORPORATESTATE OF OREGON )) ss.County of Deschutes )On this Y day of OC^Q \^V , 20_{3_,,before me the undersigned, aNotary Public for the State of Oregon, personally appeared, ( ^Qf/XU FKt yYS^ , known tome to be the S€ C ^'C^CCA'^J of ^< ^^L^bf/l^J ' and theperson whose name is subscribeti to the within insta^unen^and acknowledged to me that heexecuted the within instrument for and on behalf of <S>FP- •£ LU* ^IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.(SEAL)OFFICIAL STAMPRAMONA FAYE MATHENYf^ NOTARY PUBLIC-OREGONCOMMISSION NO. 983746MY COMMISSION EXPIRES FEBRUARY 03, 2023^(7YU^\Notary Public for the Stitfe of Oregon^MQNi^r^& UfW]f^^(Printed Name)Residing in Ol<<PA(TV^My Commission Expfrfes /O^ / 0^ /20^5166 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 CROUCH, 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 Notarial Seal onthe day and year first above written.(SEAL)Notary Public for the State of Montana(Printed Name)Residing at Bozeman, MontanaMy Commission Expires: / _/20_167 EXHIBIT AEASEMENT DESCRIPTIONA public access easement across portions of Lot 1 A of Block 6 of the Amended Plat ofLots 1A, 2, 3, and 4A of Block 4 of Walker Property Subdivision (a Planned UnitDevelopment), situated in the SE 1/4 of Section 26, Township 1 South, Range 5 East, P.M.,M., Gallatin County, Montana, according to the official plat thereof on file and of record inthe office of the County Clerk and Recorder of Gallatin County, Montana. [Plat J-164-B]Said easement being more particularly described as follows:A strip, eleven (11) feet wide, the northerly and easterly line of said strip being coincidentwith the northerly and easterly lines of said Lot 1A and the southerly and westerlyright-of-way line of Reeves Road.^•^'^Gr S..A••.*re.''GrORGrS.-•• l^-p^^^;^!s^w-s//^f"^ ^' (r.. ' -^ "^' ^.-^'////Drawn By-Checked By-Date 9/20/2019CTA#_Cad File:-EJVGSBLSM±SMAKINGSTON, MT36)222-01049aXW8t|222-1007PUBLIC ACCESS EASEMENTSIDEWALKGRANTOR: SFP-E, LLCGRANTEE: CITY OF BOZEMANEXHIBITAREF SHEET#SHEET#1 OF 2168 EXHIBIT BGRAPHIC DEPICTION<s^:»<siz:i»^^t.0T l.\l=^^--\:\ ^^'\\ltAMENDED PLAT OF '^LOTS1A,2,3,AND4AOF BLOCK 4 OF \WALKER PROPERTY SUBDIVISION \PLANNED UNIT DEVELOPMENT)-BLOCK 6-^^^.^^^.?^r/<;/a?s-.^1.01 .'A(A-siBLOTw•L^PUBLIC ACCESSEASEMENT FORSIDEWALK^£:&-^^(7^rc"^<^• C.''^/0/.(-'•/• :il ^/<?s200'100'^€nS^/^••'•••••"•^fe.t_GEORff^S.'-.oil-o: BORriE?^AN^^|^-•»' f^n l?;nic»(?'; ^'^-L^ /^?^•^s^^^^ss7^-^V£CE^W^L'L^W^Drawn By_EJVChecked By GSBDate_10/02/2019CTA it LSMT_BZNCad File:LSMT_BZNVoiiALIVINGSTON, MT(406)222-0104Fax (406)222-1007PUBLIC ACCESS EASEMENTSIDEWALKGRANTOR: SFP-E, LLCGRANTEE: CITY OF BOZEMANEXHIBITBREF SHEET#SHEET#2 OF 2169 Return to:CTA Architects Engineers121 S. Main StreetLivingston, MT 59047PUBLIC ACCESS EASEMENTSFP-E, LLC, GRANTOR(S), in consideration of one dollar ($1.00) and for other and valuableconsideration, receipt of which is hereby acknowledged, grants to the City ofBozeman, aMunicipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue,Bozeman, Montana 59715, GRANTEE, a public access easement for a multi-use path for theuse of the public in, through and across land situated in Gallatin County, Montana, which islocated on the following described property:"Lot 1A of Block 6 of the Amended Plat of Lots 1A, 2, 3, and 4A of Block 4 of Walker PropertySubdivision (a Planned Unit Development), situated in the SE 1/4 of Section 26, Township 1South, Range 5 East, P.M., M., Gallatin County, Montana, according to the official plat thereofon file and of record in the office of the County Clerk and Recorder ofGallatin County,Montana. [Plat J-164-B]The easement is more particularly described on the attached Exhibit A and B which bythis reference are made a part hereof.170 The GRANTOR(S) agrees:(1) To consfauct and maintain the multi-use path at their own expense in accordance withrelevant City Ordinances, including, but not limited to, snow removal and all major andminor repair work.(2) To allow the City to make any and all inspections of the multi-use path and landappurtenant thereto as the City reasonably deems necessary.The GRANTOR(S) warrant that they are lawfully seized and possessed of the realproperty described above, that they have a lawful right to convey the property, or any part of it,and that they will forever defend the title to this property against the claims of all persons.The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy therights and privileges herein granted without any intermption by the GRANTORS. The terms,covenants and provisions of this easement shall extend to and be binding upon the heirs,executors, administrators, personal representatives, successors and assigns of the parties hereto.(SIGNATURE PAGES TO FOLLOW)171 DATED this? day of£^_, 20i^.GRANTOCORPORATESTATE OF OREGON )) ss.County of Deschutes )On this _S_ day of (UMlat^ , 20/^Notary Public fyr the Stalje of Oregon, personally appeared,me to be the 5^'Y' Y^-l^ yt4 of /^person whose name is subscribey to the within instrumexecuted the within instrument for and on behalf ofRANTOI^fore me t£^i^h, undersigned, aL^"/^$ , known to3 and theit and acknowledged to me that heIN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.(SEAL)OFFICIAL STAMPRAMONA FAYE MATHENYNOTARY PUBLIC-OREGONCOMMISSION NO. 983746MY COMMISSION EXPIRES FEBRUARY 03, 2023]&^uh/iff]/[^ ^i^ l^^^/t,NoJ^ry Public for the St^te of Oregoni^l^^on^'^^ UM^H^(Printed Name),Residing in (>^<My Commission Exp.f00-/ 0^s./20^172 ACCEPTED:ATTEST:City ClerkCITY OF BOZEMANBy:City ManagerSTATE 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 CROUCH, 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 Notarial Seal onthe day and year first above written.(SEAL)Notary Public for the State of Montana(Printed Name)Residing at Bozeman, MontanaMy Commission Expires: __/_/20.173 EXHIBIT AEASEMENT DESCRIPTIONA public access easement across portions of Lot 1A of Block 6 of the Amended Plat ofLots 1A, 2, 3, and 4A of Block 4 of Walker Property Subdivision (a Planned UnitDevelopment), situated in the SE1/4 of Section 26, Township 1 South, Range 5 East, P.M.,M., Gallatin County, Montana, according to the official plat thereof on file and of record inthe office of the County Clerk and Recorder of Gallatin County, Montana. [Plat J-164-B]Said easement being more particularly described as follows:A strip, twenty one (21) feet wide, the west line of said strip being coincident with the westline of said Lot 1A and the east right-of-way line ofSpringhill Road.ANDA strip, ten (10) feet wide, the southerly line of said strip being parallel to, and ten (10) feetnortherly of, the southerly line of said Lot 1A and the northerly right-of-way line of U.SHighway 10.I^^^:[1!/^^M^A^'Ar>n ^'" ? ':U<"s;.3!r' ^. •1^.: BORNE^AiU :K:|IS^ N^'-iSO'lSLS ;^|0^L^y'"•dlii^^Drawn By_EJVChecked By GSBDate_9/20/2019CTA#_LSMT BZNCad Filft-LSMT BZNV011'A^LIVINGSTON, MT(406)222-0104Fax(406)222-1007PUBLIC ACCESS EASEMENTSHARED USE PATHGRANTOR: SFP-E, LLCGRANTEE: CITY OF BOZEMANEXHTBITAREF SHEET#SHEET#1 OF 2174 EXHIBIT BGRAPHIC DEPICTION^'iS'Mi21PUBLIC ACCESSEASEMENTFOR SHAREDUSE PATH^/^./^/</^.,^/-s^AMENDED PLAT OFLOTS1A,2,3,AND4AOF BLOCK 4 OFWALKER PROPERTY SUBDIVISION(A PLANNED UNIT DEVELOPMENT)-BLOCK 6-LOT 1APUBUC ACCESS EASEMENFOR SHARED USE PATHi.l.111 z\M^:^:'^^/^^^^» •' _ _ • • ^•'- 0 •^^J'.' GEORGES. '.' %i-o: BORNEMANN :^|1^-. No.1jlp19L3;g|^i.o'r ,i.\ -'^~^«^U^/P£NS^.S^^/^/;7:^co^;-^^^\-'100'Drawn By_EJVChecked By GSBDate_10/02/2019QTA# LSMT_BZNCad Fjlfi-LSMT BZNV011'A^LIVINGSTON, MT(406)222-0104Fax (406)222-1007PUBLIC ACCESS EASEMENTSHARED USE PATHGRANTOR: SFP-E, LLCGRANTEE: CITY OF BOZEMANEXHIBITBREF SHEET#SHEET#2 OF 2175