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Home My WebLink About01-27-20 City Commission Packet Materials - C6. Authorize ICM to Sign Public Use Easement with BSD7 for 15th & BeallCommission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Shawn Kohtz, City Engineer SUBJECT: Authorize the Interim City Manager to sign a Public Use Easement with Bozeman High School District No. 7 for the 15th and Beall Roundabout project. AGENDA ITEM TYPE: Consent MEETING DATE: January 27, 2020 RECOMMENDATION: Authorize the Interim City Manager to sign a Public Use Easement with Bozeman High School District No. 7 for the 15th and Beall Roundabout project. BACKGROUND: Attached is a copy (original to City Clerk) of the partially executed easement for public use of the roundabout at 15th and Beall installed by the Bozeman High School District No. 7. Engineering staff reviewed the easement and found it to be acceptable. UNRESOLVED ISSUES: None. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by the City Commission. Attachments: Cover Letter, Public Use Easement 47 SANDERSONA STEWART'vs January 9, 2020 City ofBozeman c/o Shawn Kohtz 20 East Olive St. Bozeman, MT 59715 Reference: 15th and Beall Roundabout R/W Acquisition — Closing for Parcel 5 Dear Mt. Kohtz: We've completed the easement with the owners of Parcel 5 fot the 15th and Beall Roundabout project. To be able to execute the easement and close on the acquisition, the City needs to sign the attached easement where indicated. No compensation is required for this acquisition. The attached easement needs to be signed and notarized by the City and returned to Sanderson Stewart. The easement has been fully signed by the property owner where requiced. The City is requited to sigii the Public Use Easement. Once the City completes the signing of the attached easement, I will proceed with closing out the acquisition for this parcel. The easement will be recorded, a copy of the final easement will be delivered to the property owner, and the original easement wiU be returned to the City. At that point, the acquisition will be fully executed. If you have any questions or would like to discuss these documents in mote detail, please feel free to contact me via email (tgaddo@,sandersonstewart.com) ol: phone 406 | 922-4304. Sincerely Tony Gaddo, PE, REALTOR® Senior Engineer Right-of-Way Specialist TG Enc. Billings Bozeman Denver Fort Collins SandersonStewart.com SANDERSON STEWART 48 .and we're just getting started Return to: Sanderson Stewart 106 EastBabcock .^^I^^^;^^^..^s^^^ fcsE ••ys^.^-^'^is-:?,^^:^^ ajS! ;! s ^^^"^s-ss^ T Bozeman High School District #7 S^S^^^JS^;.^^^^^^^^^S^^^^^^%:^£^^ Project Name: 15th and Beall $ v Project No: 18077 ;1 Parcel No: 5-1 ^•s'^'^ ^^^^:-^^S..^S^ ^S:i?^£S»S£^.-^w'^^ ?s'^'":^~^^''^^~ls:rK:??^s^^?^^^s^^:^^:^^^^^^;'?^s?ss"s-Ji PUBLIC USE EASEMENT The 59771-GRANTOR, 0520, for and Bozeman in consideration High School of One District and No/#7, 100 whose - Dollars, address and is other P.O. valuable Box 520, consideration, Bozeman, MT in State hand paid, of Montana, conveys with and offices grants at to 121 the North GRANTEE, Rouse the Avenue, City of Bozeman Bozeman, Montana a Municipal 59715, Corporation its successors of the or and assignees, across the a perpetual, following full described and unrestricted real property easement located and in Gallatin right-of-County, way in, Montana: over, under, along, through, All that part of the Northeast Quarter of the Northwest Quarter (NE%NW%) of Section Twelve (12), Township Two (2) South, Range Five (5) East, M.P.M., described as follows: Commencing at a point which is 1341.74 feet North 88° 59' West of the North quarter corner of said section, said quarter corner being marked by a 6'x6' stone buried one foot below the surface of Durston Road; Thence 679.8 feet South 1° 32.5' West to the point of beginning of the tract hereby conveyed; Thence South 88° 59' East a distance of 281.26 feet; Thence South 0° 46' West a distance of 640.26 feet; Thence North 89° 36.5' West a distance of 289.97 feet to a point, said point being the center of the Northwest Quarter (NW%) of said Section Twelve (12); Thence North 1° 32.5' East a distance of 643.43 feet to the point of beginning. [Deed Reference: Book 124, Book page 143 of 431] Deeds, EXCEPTING page 394, THEREFROM records of Gallatin that County, portion Montana. conveyed to the City of Bozeman in Said public use easement is depicted on described as: Exhibit A attached hereto and more particularly Beginning at the Southwest corner of said Tract and the easement herein described, being a point on the North right-of-way of Ruth Thiebault Way and the East right-of-way of North 15th Avenue, said point of beginning; Thence, from said point of beginning, N01° 55' 28" E, 100.91 feet along the East right-of-way of North 15th Avenue; Thence, along a curve to the LEFT, having distance a radius of of 46.50.00 30 feet, feet; a Thence, delta angle S 89° of 66° 12'45" 17' E, 38"45., and 27 whose feet; Thence, long chord S 00° bears 47' S 15" 34° W, 50' 60.45" 00 E feet a to the North right-of-way of Ruth Thiebault Way; Thence, N 89° 12' 45" W, 76.58 feet along the North point of right-beginning, of-way of and Ruth containing Thiebault 4,Way 920 sq.to the ft., more East right-or less, of-way as shown of North on 15th Exhibit Avenue A. and to the SANDERSON; STEWART^S Page 1 of 3 15th and Beall 18077 Parcel 5-1 49 All improvements installed within the easement by GRANTEE are the property of the GRANTEE, removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. GRANTOR hereby covenants with GRANTEE that GRANTOR has good title to the above-described tract of land and covenants that GRANTEE shall have quiet and peaceable possession of the easement; and shall have a free and unrestricted right to access and maintain said facilities as long as the right-of-way of which this easement area is a part, remains a public way. The GRANTEE hereby covenants and agrees to defend and indemnify GRANTOR, its officers, directors, employees, agents, and invitees and save them harmless from any and all liability, loss, costs or obligations, including, without limitation, reasonable attorneys' fees, on account of, or arising out of, any such injury or loss caused or claimed to be caused by the exercise of this easement or use of this easement, however occurring, other than those caused solely by the willful or negligent acts or omissions of the GRANTOR. BOZEMAN HIGH SCHOOL DljSTRICT #7 ~Nam Title:SS6^^t-^ ACKNOWLEDGMENT OF GRANTOR StateOf /^'t//U7 N-m/^^ ) County of fyf^i^^Tl^ ) ) ss. On this cl day of Pe^K-^^iir^ , 20/2, before me, the undersigned, a Notary Public in and for the said State, personally appeared the GRANTOR, A^'fx^^ '-T i-'OiiWfr. _, the S"/^>ZQ <2.f^^n- _ of Bozeman High School District #7, known to me to be the identical individual who executed the foregoing instrument, who acknowledged to me that the individual executed the same as the free and voluntary act of said GRANTOR, with full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. ^'^'.. STE^ ^•Jo^ "'~'?£?^ Public ^ioTAR,,^ for the State of Montana p':^u_';^<'.%'-'~ Residing at: 1^.', SEAL .-^ ; Bozeman, Montana ^•^ MycoMma%sio2noJOXPires:_ sr / Notary Signature Line ;^£/J '2^, ^f^^^-^ ft/ Notary Printed Name Notary Public for the State'of. Residing at: My Commis^ieirExpires: I ^ /20_ SANDERSON; STEWART^r Page 2 of 3 15th and Beall 18077 Parcel 5-1 50 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the City of Bozeman, a Municipal Corporation of the State of Montana, GRANTEE herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof: CITY OF BOZEWIAN By: Andrea Surratt City Manager ATTEST: By: Robin Crough City Clerk State of Montana County of Gallatin ) )ss. ) The foregoing instrument was acknowledged before me this day of ., 20_ by Andrea Surratt and Robin Crough, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to this instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, above written. have hereunto set my hand and affixed my official seal this day and year Notary Signature Line (Seal) Notary Printed Name Notary Public for the State of. Residing at: My Commission Expires: / ./20_ SANDERSONi STEWART^ Page 3 of 3 15th and Beall 18077 Parcel 5-1 51 EXHIBIT A PUBLIC USE EASEMENT WITHIN PORTION OF NE1/4NW1/4, S 12, T2S, R5E PREPARED FOR PREPARED BY : BSD #7 / CITT OF BOZEMAN SANDERSONSTEWART DECEMBER, 2019 BOZEMAN, MONTANA \\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\ ,\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\ ^-PARCEL 5-1 \ \ \\ ^^\ \\\\\\\\\ V\ PUBLIC USE \ \ \ \ \ EASEMENT \ \ \ \ ''\\\\\\\\\\\\ \\\\\\\\\\ \\\\\\\\\\ ^•^K^^'^i^:^^^v"^::^^yy^^'^'^^^^ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^ \\\\\\\\\\' \\\\\\\\\\- \\\\\\\\\\. ^fc\\\\\\\\\ Ld Ld > < Ci a I- y 5S 0 ^ I h- s 5 ^ oc. Cd 0 POB '^^ \ / ^^^ y: L1 R1 '^f ^DOUGtAS^E ^^- »3LS'r I g L2 ^EM^ L3 ^LLf^. L4 ^ 15 15 30 SCW.E:!" • 3ff \ \ \ EXISJING^ ..,^^\ \ \ \ \ (TYP)" " PROPERTf -\ ^LINE \\ • t. \ / N 01- 55' 28" E, 100.91 FEET R = 46.00 FEET, A = 66- 17' 38", LC - S 34' 50' 45" E, 50.30 FEET S 89- 12' 45" E, 45.27 FEET S 00- 47' 15" W, 60.00 FEET N 89- 12' 45" W, 76.58 FEET NORIH R/W LEGEND EXISTING ROAD R/W NEW EASEMENT AREA :^^^;;^1 AREA REMAINING 15TH AND BEALL PARCEL 5-1 18077_EXHIBITS.DWG 18077 12/4/19 CMK/TG 52