HomeMy WebLinkAbout20- Temporary Construction Easement - PDI Investments, LLC - 2777 North 7th Avenue, Parcel HH rPL=DJy
2687820
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Eric Semerad - Gallatin County, MT MISC
City of Bozeman City Clerk 1111111111111 IN 11111111111111111111111111 III 11111111111111 IN
P.O. Box 1230
Bozeman, MT 59771-1230
�ofso2E Project Name: Midtown TO
City of Bozeman #MID20-001- Nth 7th
" Engineering Division
Public Works Department Project No: 18098.06
Parcel No: HH
TEMPORARY CONSTRUCTION EASEMENT
The GRANTOR, PDI Investments, LLC., a Montana Limited Liability Company, whose address is 2777
North 7th Avenue, Bozeman MT 59715, for and in consideration of One and No/100 - Dollars, and other
valuable consideration, in hand paid, grants to the GRANTEE, the City of Bozeman, a Municipal
Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715,
its successors or assignees, an unrestricted Temporary Construction Easement in, over, under, along,
through, and across an 18 foot wide strip of land on the following described real property located in
Gallatin County, Montana:
A Temporary Construction Easement, located along the east line of the south 60 feet of Tract 11
and the north 140 feet of Tract 10, Durston Subdivision, situated in the NE1/4 of Section 12,
Township 2 South, Range 5 East, Principal Meridian, Gallatin County, Montana.
delineated as to said tract of land on the exhibit attached hereto and made a part hereof as Exhibit A of
this instrument and designated as Parcel HH. Said parcel, containing 3,579.08 square feet, more or less,
is hereby temporarily provided to the GRANTEE, for the purpose of constructing and/or improving a
public street, highway, walkway, trail and/or electric, telephone or telecommunications, gas, water, sewer,
drainage, or other utility transmission or distribution facilities as necessary for the Nth 7th Ave. Lighting
Improvements Project.
Upon completion of said project for which access is hereby provided, the GRANTEE shall restore the
property as nearly as possible to its original condition. The GRANTEE agrees to hold GRANTOR harmless
from any and all liability that may result or arise from the exercise of the rights granted hereby.
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 thereof and use
thereof during the period of this Temporary Construction Easement. This Temporary Easement is in
effect for a period beginning the 1st day of construction on the property, and ending two (2) years later, at
which time this easement shall expire and be of no force and effect.
Midtown TO#MlD20-001-Nth 7th
Page 1 of 3 18098.06
Parcel HH
PDI INVESTMENTS, LLC.
V'Y1.
Name: Rhonda Reed
Title: President
ACKNOWLEDGMENT OF GRANTOR
State of Md � )
) ss.
County of (i - l n )
On this 1,A day of 20��, before me, the undersigned, a Notary Public in and for the
said State, personally appeared the GRANTOR, Rhonda Reed, the President of PDI Investments, LLC.,
a Montana Limited Liability Company, 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.
LOd i
y % Notary Signature Line
c be ue I i tie '' ,K�y r),Qf--,�
(Seal) Notary Printed Name
Notary Public for the State of
Residing at: �rQCl�a
JACQUELINE WARNER I
Notary Public My Commission Expires: ��/ /20 li
=�;'NOTARiy�?p for the State of Montana
*_ Residing at:
uj;.SEAL. Belgrade, Montana
9�OF O,P, My Commission Expires:
M, September 17, 2021
Midtown TO#MID20-001-Nth 7th
Page 2 of 3 18098.06
Parcel HH
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the City of Bozeman, a Municipal Corporation of the State of Montana,
GRANTOR herein, acting by and through its Interim 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 BOZEMAN
By offf elich
C Mer
' B
ATTEST: at�.� 0�■ ■ .02� %
By: Mike Maas F . _ ■
City Clerk
Y�c�9,•1883 .,•'� ,
r� ■ ■ ' � .
',SIN CO.140
State of Montana )
) ss.
County of Gallatin )
The foregoing instrument was acknowledged before me this j day of 20_ by
Jeff Mihelich and Mike Maas, 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, I have hereunto set my hand nd affixed my official seal this day and year
above written.
Notary, ignature Line
,0�plEN`,, HEATHER csiENVENUE
Q�
Notary Public
<T,NoTARr,g4 Zm=f f sO State of Montana Notary Printed Name
Residing at; Notary Public for the State of
SEAL.��= €�ozeman, Montana Y
%9 My Commission E,.r)lies: Residing at:
January 26, 2
My Commission Expires: / /20
Midtown TO#MID20-001-Nth 7th
Page 3 of 3 18098.06
Parcel HH
EXHIBIT
A TEMPORARY CONSTRUCTION EASEMENT, LOCATED ALONG THE EAST LINE OF THE SOUTH 60 FEET TRACT 11
AND THE NORTH 140 FEET OF TRACT 10, DURSTON SUBDIVISION, SITUATED IN THE NE1/4 OF SECTION 12,
TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA.
OWNER INFORMATION(CURRENT AS OF PRINTED DATE):
W PDI INVESTMENTS LLC
431 N 7TH AVE.
N88018'36"W D
BOZEMAN, MT.59715
1 0.00' Z AREA=3579.08 SQFT
W
> LEGEND:
SRPCj 11
Q PROPERTY BOUNDARY
\ PROPOSED EASEMENT
(TEMPORARY CONSTRUCTION EASEMENT)
- LIMITS OF CONSTRUCTION WORK
ZC�� PROPOSED LUMINAIRE
w `•„`z,' PROPOSED CONCRETE
> ar n iW PROPOSED ASPHALT
rw PROPOSED BOULEVARD
v
i
EXISTING
5'X 5'PUBLIC ACCESS
AND UTILITY EASEMENT
S0054'24"W o
Z 200.21' z
0
PROPOSED 8.0'PUBLIC ACCESS n10°54'24"E
DO f- AND UTILITY EASEMENT
U) N 200.23'
° U
Fo
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I
PROPOSED 10.0'TEMPORARY
CONSTRUCTION EASEMENT
(SAVING AND EXCEPTING
EXISTING BUILDING STRUCTURES)
E
S880 10'35"E
10.00,
r
0 30
( IN FEET )
Morrison NORTH 7TH AVENUE PROJECT NO.
v 315 gs,MT Street,Suite 102 DRAWN BY: KDJ STREETSCAPE IMPROVEMENTS
minBillings,MT 59701 DSGN.BY: KDJ 0417.063
M a i e r l e 406.656.6000 BOZEMAN MT
4 APPR.BY: JCW FIGURE NUMBER
® vnv,v.m-m.net DATE: 5/2020
engineers surveyors planners scientists C EXHIBIT A A
COPYRIGHT O A!ORRISOQlIJNERLE, 3 II:C.,2-
N:\0417\063'ACAD\Exhibits\EASEMENTS-H-II-2015.dwg Plotted by kevin d.jacobsen on May/19/2020
Agreement between The City of Bozeman and PDI Investments, LLC.
for the North Th Avenue Streetscape Design and Construction Project
I o�soi� Project Name: Midtown TO
City of Bozeman #MID20-001- Nth 7th
Economic Development Department
and the Midtown Urban Renewal Board Project No: 18098.06
Parcel No: HH
AGREEMENT
Between and Among
PDI Investments, LLC.
AND
THE CITY OF BOZEMAN
North 7th Avenue Streetscape Design and Construction Project
This Agreement is hereby made and entered into by, between, and among PDI Investments, LLC.
("PDI"), a Montana Limited Liability Company, the owners of a tract of land located along the east
line of the south 60 feet of Tract 11 and the north 140 feet of Tract 10, Durston Subdivision,
situated in the northeast one-quarter of Section 12, Township 2 South, Range 5 East, Principal
Meridian, Gallatin County, Montana (the "Property"), and the City of Bozeman, a self-governing
municipality operating pursuant to its Charter and the laws of the State of Montana, with a mailing
address of P.O. Box 1230, Bozeman Montana 59771 ("City"). As used in this Agreement, "City"
includes the City's officers, employees, agents, and contractors and "PDI" includes PDI's officers,
employees, agents, and contractors.
A. BACKGROUND
The City has undertaken planning and design to construct new sidewalks, boulevards,
landscaping, and decorative streetlights on the North 7th Avenue corridor in the Midtown Urban
Renewal District in Bozeman, Montana (the "Project").
B. PURPOSE
The purpose of this Agreement is to document the Project roles and responsibilities of each of
the parties in relation to portions of the Project that will be conducted on and adjacent to the
Property owned by PDI.
C. PROJECT
The Project area is generally defined as incorporating North 7th Avenue from Interstate 90 south
to Main Street, a total length of approximately 1.2 miles. The goal of the Project is to provide
streetscape improvements to enhance the overall appearance of the business corridor while
providing a safe and visible access route for pedestrians and consumers. This Project will not
impact the actual street elements within the confines of the existing curb and gutter except as
specifically required to install approaches, pedestrian ramps, and other similar improvements.
Midtown TO#MID20-001-Nth 7th
Page 1 of 8 18098.06
Parcel HH
Agreement between The City of Bozeman and PDI Investments, LLC.
for the North 7th Avenue Streetscape Design and Construction Project
D. PROJECT HISTORY
The City of Bozeman initiated the first steps in the process to improve the streetscape by working
with public officials and local property owners to develop a corridor plan. The Midtown Urban
Renewal Board (MURB), formerly the North 7th Urban Renewal Board, is in the process of
completing four separate phases of the Project, Phase 1 being completed in 2014. MURB is in
the final project phases, currently bidding out the Project for construction commencing in 2020.
E. DETAILED PROJECT INFORMATION
City Project Improvements
The City plans to install new streetscape facilities along North 71h Avenue, including new concrete
sidewalks, boulevards, trees with tree grates, streetlights, and landscaping improvements as
shown on Exhibit A. The new boulevards will be installed with a mix trees, brick pavers and
concrete. Additional landscaping improvements will be constructed in roadway median areas
utilizing brick pavers and/or landscaping plants. Private driveway approaches will be
reconstructed along the Project corridor to facilitate vehicle and pedestrian access.
Project Improvements on PDI's Property
The Project will improve transportation and landscaping facilities along North 7th Avenue. To
allow completion of the Project improvements, existing features on PDI's property must also be
improved.
In 2017, PDI and the City of Bozeman executed a Public Use Easement (PUE) and Temporary
Construction Easement (TCE) to allow certain aspects of the Project to be completed on and
adjacent to PDI's property. The signed PUE created an easement area upon which the City
installed a new luminaire only.
Now, a new PUE is required to install additional Project's improvements on PDI's property, as
shown on Exhibit B. A new TCE is also required to provide an area where construction activity
can occur to complete the Project, as shown on Exhibit C.
New Fire and Water Service Lines on PDI's Property
In addition to the City's work on the Project Improvements, PDI desires to install new water and
fire service lines on its property. PDI agrees to install new fire and water lines with greater capacity
than would be required for current uses on the property to facilitate future redevelopment on PDI's
property. As such, the City agrees to reimburse PDI for its costs for upsizing the fire and water
lines to facilitate further redevelopment of the Property.
F. Parties Obligations Related to a new PUE, new TCE, and Reimbursement for Costs
for Private Fire and Water Service Lines
The Parties agree, in consideration of for PDI granting to the City a new PUE and a new TCE,
PDI will be eligible, as provided herein, for the City to reimburse PDI no more than $50,000 for
the costs of designing, engineering, and constructing new fire and water service lines on PDI's
property. PDI agrees the pipe size and type for the water service line is a 4-inch ductile iron pipe
and the pipe size for the fire service line is 6-inches. PDI agrees that while it is eligible for
Midtown TO#MID20-001-Nth 7th
Page 2 of 8 18098.06
Parcel HH
Agreement between The City of Bozeman and PDI Investments, LLC.
for the North Th Avenue Streetscape Design and Construction Project
reimbursement, to be fully reimbursed for the costs of the new fire and water lines, the installation
of new fire and water service lines on its property must be installed in coordination with the City's
Project Improvements and be completed within the new PUE and new TCE no later than August
31, 2020. Should PDI not complete the water and fire line improvements on its Property prior to
August 31, 2020, and instead install the new service lines after substantial completion of the City's
Project Improvements, PDI must restore the City's Project Improvements and be solely
responsible for costs and expenses related to restoring the City's Project Improvements. PDI
further agrees such expenses and costs of restoring the City's Project Improvements will not be
eligible for reimbursement. As such, PDI agrees to grant the City the new PUE and new TCE in
consideration for its eligibility for reimbursement.
Notwithstanding the above, should PDI not complete the fire and water line improvements on its
Property prior to August 31, 2020, PDI will continue to be eligible for reimbursement for costs of
design, engineering, and construction of the fire and water lines on its Property until December
31, 2021; however, as provided above, the costs directly related to restoring the City's Project
Improvements will be borne solely by PDI and will not be eligible for reimbursement.
PDI agrees that should it fail to install private water and fire lines on its Property prior to December
31, 2021, PDI will have received sufficient valuable consideration from the City for the grant of
the new PUE and new TCE in the form of eligibility for reimbursement for the costs of new fire
and water lines and PDI agrees it will take no action revoke its granting of the new PUE and new
TCE.
The Parties also agree the City will construct the following on the new PUE area shown on Exhibit
A:
• Remove and replace the existing driveway approaches with new concrete approaches;
• A new 6-foot wide concrete sidewalk;
• A new 5.5-foot wide boulevard with permeable pavers and trees with tree grates; and
• Remove and replace one existing luminaire with a new decorate luminaire.
The Parties agree, to install Project improvements in the new PUE shown on Exhibit B, that in the
area of the new TCE shown on Exhibit C, and for the duration of the TCE as provided for in Exhibit
C, to allow the City to occupy the TCE area to provided additional construction space for
construction operations.
The Parties further agree the City will reimburse PDI no more than $50,000 for the actual costs
of design, engineering, and constructing new fire and water service lines on PDI's property to
serve PDI's property.
To be receive reimbursement, PDI must, upon completion of the new fire and water lines, submit
a detailed invoice showing costs for which it seeks reimbursement related to the design,
engineering, and construction of the service lines. The invoice must provide a detailed listing of
services and the entity which provided the services and also list quantifies and costs and
materials, etc. PDI agrees to provide all information requested by the City related to the actual
costs of designing, engineering, and constructing the service lines. Upon approval of the costs
and invoice, the City will reimburse PDI, by single check, for the actual costs of design,
Midtown TO#MID20-001-Nth 7th
Page 3 of 8 18098.06
Parcel HH
Agreement between The City of Bozeman and PDI Investments, LLC.
for the North Th Avenue Streetscape Design and Construction Project
engineering, and constructing the service lines no later than sixty (60) days following the City's
determination the requirements of this Agreement are satisfied.
G. ADDITIONAL OBLIGATIONS OF THE CITY RELATED TO IMPROVEMENTS IN THE
NEW PUE
1. Except as otherwise provided herein, the City agrees to furnish all plans, engineering,
supervision, labor, material, supplies and equipment necessary for construction of the
Project improvements (not included the fire and water lines to be installed on PDI's
property) to be constructed in the new PUE.
2. The City agrees to construct the Project improvements as shown on Exhibit A in the new
PUE and contract for and administer the construction of the Project improvements.
H. ADDITIONAL OBLIGATIONS OF PDI IN THE NEW PUE
1. PDI agrees to grant the public access and utility easement and temporary construction
easement documents as shown on the attached Exhibits B and C.
2. PDI agrees to maintain the newly installed sidewalk and boulevard areas adjacent to their
property as required by Bozeman Municipal Code, Sections 34.04.020, 34.06.020, and
38.550.070. Such maintenance activities include replacing damaged sidewalk, snow
removal, and maintaining damaged boulevard brick pavers.
3. PDI shall indemnify, defend, and hold the City, its officers, agents, and employees,
harmless from and against any and all claims, demands, actions, fees and costs (including
attorney's fees and the costs and fees of and expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically
dangerous) or damages of whatever kind or nature connected therewith and without limit
and without regard to the cause or causes thereof or the negligence of any party or parties
that may be asserted against, recovered from or suffered by the City occasioned by,
growing or arising out of or resulting from or in any way related to: (i) the negligent,
reckless, or intentional misconduct of the contractor; (ii) any negligent, reckless, or
intentional misconduct of any of the contractor's agents including its subcontractors. PDI's
obligation under this section shall survive the termination or expiration of this Agreement
for the maximum period allowed under applicable law
I. GENERAL
1. PRINCIPAL CONTACTS. The principal contacts for this instrument are:
City of Bozeman PDI Investments, LLC.
c/o Brit Fontenot c/o Rhonda Reed
121 N Rouse 2777 N. 7th Avenue
P.O. Box 1230 Bozeman, MT 59715
Bozeman, MT 59771-1230 Phone: (406) 580-5074
Phone: (406) 582-2321
Midtown TO#MID20-001-Nth 7th
Page 4 of 8 18098.06
Parcel HH
Agreement between The City of Bozeman and PDI Investments, LLC,
for the North Th Avenue Streetscape Design and Construction Project
2. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the
individuals listed in this document as representatives of their respective party are
authorized to act in their respective areas for matters related to this agreement.
3. INDEPENDENT CONTRACTORS. The Parties agree and acknowledge that in the
performance of this Agreement, the City shall not be considered an agent, representative,
subcontractor, or employee of PDI and PDI shall not be considered an agent,
representative, subcontractor or employee of City.
4. PERMITS. PDI must require its contractors to provide all notices, comply with all
applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses,
including a City of Bozeman business license, and inspections from applicable
governmental authorities, and pay all fees and charges in connection therewith.
5. NONDISCRIMINATION. PDI agrees and must require its contractors to agree that all
hiring of persons performing any work on the improvements on its property must be on the
basis of merit and qualifications. PDI agrees and must require its contractors to agree to
have a policy to provide equal employment opportunity in accordance with all applicable
state and federal anti-discrimination laws, regulations, and contracts. PDI agrees and
must require its contractor to agree they will not refuse employment to a person, bar a
person from employment, or discriminate against a person in compensation or in a term,
condition, or privilege of employment because of race, color, religion, creed, political ideas,
sex, age, marital status, national origin, actual or perceived sexual orientation, gender
identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. PDI agrees
and must require its contractor to agree that while performing work on the Improvements
the contractor will be subject to and comply with Title VI of the Civil Rights Act of 1964;
Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The
Developer agrees- and must require its contractor to agree to require these
nondiscrimination terms of its sub-contractors working on the Improvements.
6. DEFAULT/DISPUTE RESOLUTION.
a. Failure of or unreasonable delay by either party to perform any term or provision
of this agreement shall constitute a default hereunder. In the event of alleged
default or breach of any term or condition of this agreement, the party alleging such
default or breach shall give the other party not less than thirty (30) days' written
notice specifying the nature of the alleged default and the manner in which it may
be satisfactorily cured. The party charged shall not be considered in default for
purposes of termination or instigation of legal proceedings during any such 30-day
period.
Midtown TO#MID20-001-Nth 7th
Page 5 of 8 18098.06
Parcel HH
Agreement between The City of Bozeman and PDI Investments, LLC.
for the North Th Avenue Streetscape Design and Construction Project
b. Any claim, controversy, or dispute between the parties, their agents, employees,
or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements.
Upon mutual agreement of the parties, the parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions. If the
parties are unable to resolve the dispute within thirty (30) days from the end of the
30-day cure period, then such dispute may only be resolved in a court of competent
jurisdiction in compliance with the Applicable Law provisions of this Agreement.
7. NON-WAIVER. Waiver by either party of strict performance or any provision of this
Agreement shall not be a waiver of or prejudice the party's rights to require strict
performance of the same provision in the future or of any other provisions.
8. TIME OF ESSENCE. It is mutually agreed that time is of the essence in the performance
of all covenants and conditions to be kept and performed under the terms of this
Agreement.
9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties. No alterations, modifications, or additions to this Agreement shall be binding
unless reduced to writing and signed by the parties to be charged herewith. No covenant,
term or addition to this Agreement shall be deemed waived by either party unless such
waiver shall be reduced to writing and signed by the parties.
10. MODIFICATION AND ASSIGNABILITY. This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. PDI may not assign
its rights, including the right to compensation or delegate its duties arising hereunder,
without the prior written consent of City.
11. SEVERABILITY. The provisions of this Agreement shall be deemed independent and
severable, and the invalidity, partial invalidity, or unenforceability of any one provision or
portion thereof shall not affect the validity or enforceability of any other provision herein.
12. BINDING EFFECT. This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
13. NO THIRD-PARTY BENEFICIARY. Except as provided herein, this Agreement is for the
exclusive benefit of the Parties, does not constitute a third-party beneficiary agreement,
and may not be relied upon or enforced by a third party.
14. COUNTERPARTS. This Agreement may be executed in counterparts, which together
constitute one instrument.
Midtown TO#MID20-001-Nth 7th
Page 6 of 8 18098.06
Parcel HH
Agreement between The City of Bozeman and PDI Investments, LLC.
for the North Th Avenue Streetscape Design and Construction Project
15. EFFECTIVE DATE. This Agreement shall be effective after approval by the respective
governing bodies. It is the intent that said Agreement shall be effective on the date stated
in the first paragraph of this Agreement.
#### END OF AGREEMENT EXCEPT FOR SIGNATURES####
Midtown TO#MID20-001-Nth 7th
Page 7 of 8 18098.06
Parcel HH
Agreement between The City of Bozeman and PDI Investments, LLC.
for the North Th Avenue Streetscape Design and Construction Project
THE PARTIES HERETO have executed this instrument.
CITY OF BOZEMAN
(�:�I&A -a Date: ( ' o2 3 -2-v 9,o
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ATTEST:
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,• S` Sate:
Name: 1'��K+✓ 1'nA�1S +�,l�g�• . . .��p ���
IN CO• ,�°
Title:C,Ty CL.-C-T-K '` >`'�
PDI Investments, LLC.
Date: Zo
Name:
Title:
Midtown TO#MlD20-001-Nth 7th
Page 8 of 8 18098.06
Parcel HH
EXHIBIT A
A PUBLIC ACCESS AND UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT TO THE CITY OF
BOZEMAN, LOCATED ALONG THE EAST LINE OF THE SOUTH 60 FEET TRACT 11 AND THE NORTH 140 FEET OF TRACT
10, DURSTON SUBDIVISION, DOC. 2457676, SITUATED IN THE NE1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 5
EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA.
OWNER INFORMATION(CURRENT AS OF PRINTED DATE):
PDI INVESTMENTS LLC
431 N 7TH AVE.
I BOZEMAN,MT.59715
ry i l
LEGEND:
I=� J
PROPERTY BOUNDARY
® EXISTING EASEMENT
�RPC�11
PROPOSED STREETSCAPE EASEMENTS
(PUBLIC ACCESS AND UTILITY/TEMPORARY CONSTRUCTION)
M W -. LIMITS OF CONSTRUCTION WORK
EXISTING APPROACH TO BE �� PROPOSED LUMINAIRE
REMOVED AND REPLACED WITH
NEW CONCRETE APPROACH z .,'.',:�`* PROPOSED CONCRETE
PROPOSED ASPHALT
EXISTING LUMINAIRE TO BE REMOVED
ALONG WITH OVERHEAD POWER ' > PROPOSED BOULEVARD
NEW 6'SIDEWALK `
T o 1`3 TO BE INSTALLED(typ.) - ONE-WA COUNTER
HICULAR FLOW
DECORATIVE LUMINARE CLOCKWISE
Z TO BE INSTALLED IN EXIST.a'
o NEW BOULEVARD(typ.) CONCRETE w
j (n WHEEL
p ((DD PROPOSED 8.00' �� STOPS ADD 2'TO
m U) PUBLIC ACCESS AND Now,
PERPENDICULAR w w
N N UTILITY EASEMENT Now, PROJECTION OF STALL z z
ZO b m (FROM 19'TO 21') 0 2 o w
o MODIFIED PARKING m F
(ifTO INCLUDE 45°ANGLED
O PARKING AND A ONE-WAY \\ '� f �/1 45 o It
DRIVE AISLE. SEE SCHEMATIC �J R
TO THE RIGHT �•` w EXIST.CURB
i _ 1 AND GUTTER
EXISTING SIDEWALK TO BE REMOVED a� +
AND REPLACED WITH NEW 5'-6"PAVER ' PARKING 5.5'BOULEVARD
BOULEVARD(typ.) STRIPE 26.9 LF 6 SIDEWALK
NEW TREES,TYP. CLOCKWISE VEHICULAR FLOW 1..` _ ONE-WAY COUNTER _
(FINAL DESIGN MAY DICTATE ALTERNATE
NUMBERS AND/OR LOCATIONS FOR TREES) O SCHEMATIC PARKING LAYOUT
If z does not account for ezisting1required ADA stall(s)
EXISTING APPROACH TO BE
REMOVED AND REPLACED WITH
NEW CONCRETE APPROACH
EXISTING EDGE OF ASPHALT
EXISTING BACK OF CURB
( I
w 0 30
( IN FEET )
■ M o rr i s o n DRAWN BY: KDJ NORTH 7TH AVENUE
v315 N.25tIn Street,Suite 102 STREETSCAPE IMPROVEMENTS PROJECT NO.
Billings,MT 59101 DSGN.BY: KDJ 0417.063
Ma i e r l e ` 406.656.6000 APPR.BY: JCW BOZEMAN MT
®
mw/.m-m.net FIGURE NUMBER DATE:02/12/20 W
engineers surveyors planners•scientists EXHIBIT HH - 1111
COPYRIGHT O N.ORRISOilA.W ERLE,InO..3030
N:\0417\063'ACAD\Exhibits\EASEMENTS-H-II-2015.dwg Plotted by kevin d.jacobsen on Feb/13/2020
PUBLIC ACCESS AND UTILITY EASEMENT
PDI Investments LLC., GRANTOR(S), in consideration of one dollar($ 1.00) and for
other and valuable consideration, receipt of which is hereby acknowledged, grants to the City of
Bozeman, a Municipal Corporation of the State of Montana,with offices at 121 North Rouse
Avenue, Bozeman, Montana 59715, GRANTEE, a public access and utility easement for
sidewalk and utility improvements for the use of the public in, through and across a piece of land
as shown on the attached Exhibit A, situated in Gallatin County, Montana, which is located on
the following described property: The South 60 feet Tract 11 and the North 140 feet of Tract 10,
Durston Subdivision, Doc. 2457676, Situated in the Northeast One-Quarter of Section 12,
Township 2 South, Range 5 East,Principal Meridian, Gallatin County, Montana.
The easement is more particularly described on the attached Exhibit A which by this
reference are made a part hereof.
The GRANTOR(S) agrees:
(1) To maintain the sidewalk at their own expense in accordance with relevant City
Ordinances, including, but not limited to, snow removal and all major and minor repair
work.
(2) To allow the City to make any and all inspections of the sidewalk, utility infrastructure
and land appurtenant thereto as the City reasonably deems necessary.
The GRANTOR(S) warrant that they are lawfully seized and possessed of the real
property 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 the
rights 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.
DATED this S�� day of 3vvw, , 20 oqQ
GRANTOR(S)
CORPORATION:
(Printed Name and Capacity)
PDI Investments LLC..
STATE OF MONTANA )
ss.
County of Gallatin )
On this day of �[�ttle. , 20 aQ,before me,the undersigned, a
Notary Public for the State of P�(�n�o�nCa , personally appeared R 7R3 ,
known to me to be the Pre3 jen of PDI Investments LLC.,the corporation
that executed the within instrument, and acknowledged to me that he executed the same for and
on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
JACQUELINE WARNER
1NE Notary Public
Cj,No-fARhg4?p=_for the State of Montana
Residing at:
(SEAL) SEAL.,* seigrade, Montana
=;9 ••• MCP,' My Commission Expires:
°j of MO September 17,2021
NotaG Pu lic for the State of
y-T�^aur�li� l�rfle..r^
(Printed Name
Residing in FX19P2& T
My Commission Apires (�q _/__[ /20 a
ACCEPTED:
CITY OF BOZEMAN
p�$aZ�ly; b41 y
.•� C' ager
ATTEST: 4F`': �" •�'x
City Clerk �'y •• a8 .• ��`
�� ♦f*T■ ■ ■• 0�
STATE OF MONTANA )
) ss.
County of Gallatin )
On this�day of 7"I ,20�, before me, a Notary Public for
the State of Montana,personally appeared JEFF MIHELICH and MIKE MAAS,known to me to
be the City Manager and City Clerk for the City of Bozeman and the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed the same for and
on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on
the day and year first above written.
(S AL)
HEATHER BIENVENUE
�EH BIEy` ,' Notary Public
N taryl,/Public for the State of Montana _�o1AR,gi?m<_for the state of Montana
�/Am r Nm Ian
�]17 / e - — = Residing n
�/� V�/ !.L�fL_— '*• SEAL.�Q Bozeman, Montana
(Printed Name)
P� My Commission Expires:
'�,'�oF•Mo�„�`
Residing at Bozeman,Montana January 26, 2022
My Commission Expires: _/ /20
EXHIBIT
A PUBLIC ACCESS AND UTILITY EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE EAST LINE OF THE
SOUTH 60 FEET TRACT 11 AND THE NORTH 140 FEET OF TRACT 10, DURSTON SUBDIVISION, DOC. 2457676;
SITUATED IN THE NE1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN
COUNTY, MONTANA.
OWNER INFORMATION(CURRENT AS OF PRINTED DATE):
PDI INVESTMENTS LLC
431 N 7TH AVE.
S88°18'36"EA BOZEMAN,MT.59715
8.00, AREA=1601.9 SQUARE FEET
OTC 6�A
S0°54'24"W
200.25'
LEGEND:
W PUBLIC ACCESS AND
UTILITY EASEMENT
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� a 10 NORP�AAV,t0 lr/W�
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N0054'24"E O 0 30
200,23' Z
( IN FEET )
SURVEYOR'S CERTIFICATE
I,Jon C.Wilkinson,Professional Land Surveyor,do hereby certify
that I conducted this easement sure`K;\ 1i;11`_
O
N88010'35"W 0.V --
1 l r � •FJ =
8.00 Jon C.Wilkinson,P ,CFedsi c;, .�1�
The bearings shown hereon are derived from the Montana MT Reg.No.16411LS
Coordinate System,Zone 2500,NAD 83(1999) Morrison-Maierle,Inc.
MORRIS4N Enp news 901 Tethnology Blvd. DRAWNBY DS NORTH 7TH AVENUE PROJECTNO,
SUnt Bozeman MT59718 0417.063
_� r>n GHKD.BY JCN' BOZEMAN LIGHTING IMPROVEMENTS MONTANA
INC, Suoulsls Phone:(406)587-0121 APPR.BY: KDJ
AIERLE,INC P+ennc+s Fox:(406)587.1176 DATE: 06/02/2015 FIGURE NU?7ER
CV'f(.IUHf r MGkFISJVlAYC11E_PY :?ti EXHIBIT
N:104179717CADT,hibits'ZASEldENTS-H-II-2015.dwg Plotted by kevin jatobsen on J-1912015