HomeMy WebLinkAbout21- License Agreement - Headwaters Community Housing Trust - Linear Park AFTER RECORDING PLEASE RETURN TO: kK�:D
City Clerk
City of Bozeman
PO Box 1230 2742697
Page: 1 of 19 07/23/2021 01:35:51 PM Fee: $152.00
Bozeman, MT 59771-1230 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIISc
LICENSE AGREEMENT FOR THE USE OF CITY PROPERTY
BY HEADWATERS COMMUNITY HOUSING TRUST
This License Agreement (the "Agreement") is entered into on /�'(G,i 2021 between 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, MT 59771 (the"City")
Headwaters Community Housing Trust,with a mailing address of P.O. Box 12013,Bozeman MT
59719 ("Licensee"or"HCHT"and collectively with the City,the"Parties").
In consideration of Licensee's promises herein,and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,the Parties agree as follows:
1. Purpose. The City owns the real properties described within the Quitclaim Deed
attached as Exhibit A ("Linear Park") and the legal description in Exhibit B ("Parcel 4 of Story
Mill Community Park"and together with the Linear Park, "City Properties"or"Park Properties")
and agrees to authorize Licensee to access a portion of the Park Properties for purposes of
completing certain alterations and improvements to HCHT's property adjacent to the Park
Properties pursuant this Agreement and Licensee's approved plans for the Bridger View
Redevelopment Planned Unit Development, Application 19464 ("PUD"). The alternations of and
improvements to the Park Properties consists of the following: _
Grading within the Park Properties, sidewalk installation within Linear Park as
depicted in Exhibit C, and other work needed to facilitate coordination between
Bridger View Development, Story Mill Road construction project, and other City
projects.
(the"Alterations and Improvements").
2. Description of Licensed Property. The portions of the Park Properties subject to
this Agreement consist of the real property as depicted as the shaded area shaded in Exhibit C
("Licensed Properties").
License Agreement with HCHT for Bridger View Redevelopment
Page 1 of 12
3. Title. Licensee hereby acknowledges this Agreement grants a privilege and not an
interest in the Licensed Property and the title of the City to the Licensed Properties, and Licensee
agrees never to deny such title or claim, at any time, or claim any interest or estate of any kind or
extent whatsoever in the Licensed Properties by virtue of this Agreement or Licensee's occupancy
or use hereunder. The City may enter the Licensed Properties at any time to assert its real property
interest or for other purposes which do not unreasonably interfere with the activities of the
Licensee authorized by this Agreement.
4. License for Construction and Installation of Improvements; Term. The City
hereby grants permission, revocable and terminable as provided herein, during period
commencing on the Effective Date and expiring on July 31, 2022 on the terms and conditions set
forth herein, which Licensee promises to comply with and abide by to Licensee for Licensee's
fulfillment of its obligations as stated in this Agreement and/or the conditions of the PUD,
which Licensee promises to comply with and abide by(the"Use License"). The Use License
consists of permission for Licensee, their contractors, subcontractors and other entities
contracted with or hired by Licensees to use the Licensed Property and no other portion of the
Park Properties for only the purposes as stated herein. Construction of Improvements not in
compliance with the infrastructure plan shall be considered a breach of the Use License.
The term of the Use License may be extended by mutual agreement of the Parties in writing. The
City Manager is authorized to agree on behalf of the City to extension(s) of the term of the Use
License.
Title to all permanent improvements on the Park Property(ies) and on public rights-of-way
adjacent to the Park Property(ies) made by Licensee or its agents shall vest in the City, free and
clear of all debts,liens and encumbrances.
5. Indemnification/Insurance.
a. To the fullest extent permitted by law, Licensee, recognizing it exercises its
privileges under this Agreement at its own risk, shall release, and shall protect,
defend, indemnify, and hold harmless the City and its agents, representatives,
employees, and officers from and against any and all claims, demands, actions,
fees and costs(including attorney's fees and the costs and fees of 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 occupation or use of the
License Agreement with HCHT for Bridger View Redevelopment
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Licensed Property by Licensee; (ii) the negligent, reckless, or intentional
misconduct of the Licensee, its officers, employees, or agents on or related to
the Licensed Property; and (iii) any negligent, reckless, or intentional
misconduct of any of the Licensee's guests, invitees, contractors, or
subcontractors on or related to the Licensed Property.
Such obligation shall not be construed to negate,abridge, or reduce other rights
or obligations of indemnity that would otherwise exist as to an indemnitee
described in this Section. The indemnification obligations of this Section must
not be construed to negate, abridge, or reduce any common-law or statutory
rights of the indemnitee(s) which would otherwise exist as to such
indemnitee(s).
Licensee's indemnity under this Section shall be without regard to and without
any right to contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against
the Licensee to assert its right to defense or indemnification under this
Agreement or under the Licensee's applicable insurance policies required
below the indemnitee shall be entitled to recover reasonable costs and attorney
fees incurred in asserting its right to indemnification or defense but only if a
court of competent jurisdiction determines the Licensee was obligated to defend
the claim(s) or was obligated to indemnify the indemnitee for a claim(s)or any
portion(s)thereof.
In the event of an action filed against the City, the City may elect to represent
itself and incur all costs and expenses of suit.
The obligations of this Section 5(a)shall survive termination of this Agreement.
b. In addition to and independent from the above, during the term of this
Agreement Licensee shall at Licensee's expense maintain those insurances as
may be required by City as set forth below through an insurance company or
companies duly licensed and authorized to conduct business in Montana which
insures the liabilities and obligations specifically assumed by the Licensee in
Section 5(4). The insurance coverage shall not contain any exclusion for
liabilities specifically assumed by the Licensee in Section 5(a).
Within ten (10) days following execution of this Agreement, Licensee shall
provide City with proof of such insurance in the form of a certificate of
License Agreement with HCHT for Bridger View Redevelopment
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insurance, the insuring agreement and all applicable endorsements
demonstrating that such insurance is in full force and effect and shall provide
such proof when requested by the City thereafter during the term of this
Agreement. The City may require additional evidence of the nature and scope
of the insurance required herein.
Licensee shall ensure such required insurance coverage is timely renewed so
that there is no lapse in coverage during the time such insurance must remain
in place. Licensee shall notify the City within two (2) business days of
Licensee's receipt of notice that any required insurance coverage will be
terminated or Licensee's decision to terminate any required insurance coverage
for any reason.
The insurance and required endorsements must be in a form suitable to the City.
c. Licensee shall obtain the following type of insurance in the amount indicated:
• Workers' Compensation: not less than statutory limits; and
• Employers' Liability: $1,000,000 each occurrence; $2,000,000 annual
aggregate;
• Commercial General Liability: $1,000,000 per occurrence; $2,000,000
annual aggregate;
• Automobile Liability: $1,000,000 property damage/bodily injury;
$2,000,000 annual aggregate;
• Additional coverage as may be reasonably required by the City from time
to time.
For liabilities assumed hereunder, the City, its officers, agents, and employees, shall be
endorsed as an additional or named insured on a primary non-contributory basis on the
Commercial General Liability and Automobile Liability policies.
6. Construction/Restrictions/Repair and Maintenance.
a. Licensee shall, at its sole cost and expense, install and maintain in good
condition a barrier fence or other suitable and customary barrier around the
perimeter of any portion of the Licensed Property under construction by
Licensee. The barrier shall be installed pursuant to a plan,approved in advance
by the City's Director of Parks and Recreation,or its designee.Any such barrier
shall be provided for in a manner to ensure emergency responders' access.
License Agreement with HCHT for Bridger View Redevelopment
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b. Licensee shall, at its sole cost and expense, incorporate the Licensed Properties
into any environmental permits required for the Project including management
of a Stormwater Pollution Prevention Plan until the time the disturbed ground
is restored.
c. For the use of any public rights-of-way or any real property of the City other
than the Licensed Property the Licensee shall obtain an encroachment permit
from the City's Director of Public Works or other applicable approvals.
d. Licensee shall keep the adjacent private and public properties including streets,
alleys, and sidewalks free from construction debris and other materials stored
or located on the Licensed Property. Sediment, rock, mud, and other debris
entering upon public or private property outside the Licensed Property from the
Licensee's project shall be cleaned or removed immediately.
e. Licensee agrees to immediately repair any damage caused by Licensee, its
agents, invitees, guests, contractors or subcontractors to any public or private
property outside the Licensed Property including but not limited to streets,
curbs, sidewalks, and other infrastructure to, for public infrastructure, the
current City standard for that infrastructure and, for privately owned
infrastructure, to a condition acceptable to the owner of such private
infrastructure. Licensee agrees to timely comply with any request of the City
to perform maintenance and repairs to streets, curbs, sidewalks and other
infrastructure damaged by Licensee or Licensee's agents, invitees, guests,
contractors, or subcontractors.
f. Any damage to the Park Properties and the Licensed Property shall be repaired
to a condition acceptable to the City.Maintenance or repair work to the Property
shall be performed to the City's reasonable satisfaction.
7. Waste, Nuisance, and Unlawful Use Prohibited. Licensee shall not commit, or
suffer to be committed, any waste on the Park Properties or the Licensed Property, nor shall
Licensee maintain, commit, or permit the maintenance of any nuisance on the Park Properties or
the Licensed Property or use the Licensed Property for any unlawful purpose. Licensee shall not
do or permit anything to be done in or about the Park Properties or the Licensed Property which
shall in any way conflict with any law, ordinance, rule, or regulation affecting the occupancy and
use of the Park Properties or Licensed Property, which are or may hereafter be enacted or
promulgated by any public authority.
License Agreement with HCHT for Bridger View Redevelopment
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8. Hazardous Materials. Licensee agrees and represents that it shall not store or
dispose of on the Licensed Property any "Hazardous Materials" as defined by Federal, State or
local law as from time to time amended.
9. Signage. Licensee, nor any of its agents may not install any signage except as
authorized pursuant to the PUD or as may otherwise be approved by the City's Representative.
11. Restoration.
a. Within 30 days upon completion of the Licensee's use of the Licensed Property
or within 30 days of termination of this Agreement pursuant to Section 12,
whichever is earlier, and under no circumstances later than July 31, 2022, the
Licensee shall cause the Licensed Property (and any portion of the Park
Properties disturbed by Licensee's activities) to be fully restored to the
condition existing at the date of execution by the City. Restoration is at the
discretion of the City and may include but is not limited to grading and repairs
to failed sub-grade; reconstruction of accesses, fencing, and existing water
systems, as applicable; installation of ground cover as specified by the Parks
Superintendent or City Representative; and installation of temporary water
system or application of water sufficient to stabilize the area disrupted. In
addition, Licensee shall restore damage it or its agents, invitees, guests, hires,
contractors or subcontractors cause to other public or private infrastructure
adjacent to the Licensed Property to a condition as good or better than existed
prior to Licensee's occupation of the Licensed Property.All work to restore the
Licensed Property shall comply with applicable building codes and the City's
design and construction standards, except to the extent that the Existing
Condition, as explained below,does not comply with such codes and standards.
Licensee may be required to enter into a contract with the City for such work.
Licensee may cause their contractors or other agents to conduct such restoration
but in no case shall Licensee be relieved of its obligation under this Section
until such restoration is accepted by the City.
b. Unless waived by the City Representative, prior to Licensee occupying the
Licensed Property, the City's Representative and Licensee shall perform an
inspection of the Licensed Property and adjacent public and private
infrastructure with video and/or photographs to record the condition of the
Licensed Property and/or public or private infrastructure (the "Existing
Condition").
License Agreement with HCHT for Bridger View Redevelopment
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c. The City retains the right to approve any plans for and to inspect work done
under this Section.
d. The City and Licensee may enter into an agreement prior to the expiration of
the term of this Agreement or prior to the end of Licensee's occupation of the
Licensed Property regarding restoration of the Licensed Property to a condition
different from the Existing Condition. Such agreement may address: (i)
improvements to the Licensed Property in addition to or different than the
Licensees' obligations for restoration/repair under this Agreement; (ii) the
City's contribution of funds to such improvements,if any; and(iii)other duties
and obligations of the Licensee regarding restoration and repair of the Licensed
Property.Nothing in such an agreement will reduce the obligations of Licensees
under this Agreement.
e. Site Restoration Security. The Licensee must provide the City security for
Licensee's restoration requirement through a form acceptable to the Bozeman
City Attorney. Licensee may provide a cash deposit, a letter of credit, or obtain
a good and sufficient site restoration performance bond payable to the City of
Bozeman. The security shall be for the complete restoration of the Site as
required by this Section in an amount equal to twenty thousand dollars
($20,000.00). Such security shall be conditioned on the City's determination
whether required restorations have been satisfactorily completed.
Licensee may substitute such security upon a written requested directed to the
City's Representative and upon approval by the Bozeman City Attorney.
Release of the security to Licensee upon satisfaction of their restoration
obligations shall be upon written request of the Licensee providing the security
and must be authorized in writing by the City's Representative.
12. Termination. If Licensee fails to comply with any condition of this Agreement at
the time or in the manner provided for, the City may, at its option, terminate this Agreement and
be released from all obligations if the Licensee's default is not cured within sixty (60) calendar
days after written notice of the default is provided by the City to the Licensee. Said notice shall
set forth the items to be cured. Notices shall be provided in writing and hand-delivered or mailed
to the parties at the addresses set forth in the first paragraph of this Agreement.Failure to cure any
default may result in an order by the City's Representative for the Licensee to pay a fine.
License Agreement with HCHT for Bridger View Redevelopment
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13. Due Diligence. Licensee shall at all times exercise due diligence in the protection
of the City's Park Properties and the Licensed Property against damages.
14. Non-discrimination and Equal Pay. The Licensee agrees that all hiring by
Licensee of persons performing this Agreement shall be on the basis of merit and qualifications.
The Licensee will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws,regulations,and contracts. The Licensee 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. The
Licensee shall 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.
Licensee represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Licensee must report to the City any violations of the Montana Equal Pay Act that
Licensee has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Licensee shall require these nondiscrimination terms of its sub-licensees providing services
under this Agreement.
15. Amendment. This Agreement represents the entire understanding between the
Parties regarding the subject matter and supersedes any prior agreement, verbal or written. Any
amendment or modification of this Agreement or any provision herein shall be made in writing or
executed in the same manner as the original document and shall after execution become a part of
this Agreement.
16. Assignment. Licensee may not assign this Agreement in whole or in part and may
not sublet all or any portion of the Property without the prior written consent of the City. No
assignment will relieve Licensee of its responsibility for the performance of the Agreement
(including its duty to defend, indemnify and hold harmless). This license shall not run with the
land.
17. Waiver of Claims.Licensee waives all claims against City for injury to persons or
property on or about the Property or from its use of the Licensed Property. It shall be understood
that the responsibility for protection and safekeeping of equipment and materials on or near the
License Agreement with HCHT for Bridger View Redevelopment
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Property will be entirely that of the Licensee and that no claim shall be made against the City by
reason of any act of an employee, officer, or, agent of the City or any trespasser.
18. Representatives.
a. City's Representative. The City Representative for the purpose of this Agreement
shall be Addi Jadin,Parks Planning and Development Manager,or her successor or
designee. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or
submission shall be directed to the City's Representative and approvals or
authorizations shall be issued only by such Representative;provided,however,that
in exigent circumstances when City's Representative is not available,Licensee may
direct its communication or submission to other City personnel or agents and may
receive approvals or authorization from such persons.
b. Licensee's Representative. The Licensee's Representative for the purpose of this
Agreement shall be Michael Brown, Executive Director, HCHT. Whenever
direction to or communication with Licensee is required by this Agreement, such
direction or communication shall be directed to Licensee's Representative;
provided, however, that in exigent circumstances when Licensee's Representative
is not available, the City may direct its direction or communication to other
designated employees or agents of Licensee.
19. Permits. Unless otherwise agreed to in writing by the parties, Licensee shall
provide all notices,comply with all applicable federal, state,and local laws, ordinances,rules,and
regulations, obtain all necessary permits, licenses, and inspections from applicable governmental
authorities, and pay all fees and charges in connection therewith.
20. Intoxicants; DOT Drug and Alcohol Regulations. Licensee shall not permit or
suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the
Licensed Property. Licensee acknowledges it is aware of and shall comply with its responsibilities
and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-
drug and alcohol misuse prevention plans and related testing. The City shall have the right to
request proof of such compliance and Licensee shall be obligated to furnish such proof. The City
may order removal from the Licensed Property of any employee or agent of Licensee or any of its
subcontractors for use of intoxicants on the Licensed Property.
21. Liens and Encumbrances. Licensee shall not permit any liens or encumbrances
to be filed on the Park Properties or the Licensed Property related to either the Licensee's use of
the Licensed Property or the Licensee's actions pursuant to this Agreement.Prior to the expiration
License Agreement with HCHT for Bridger View Redevelopment
Page 9 of 12
of this Agreement or termination by the City or Licensee as provided herein Licensee must furnish
the City with satisfactory proof that there are no outstanding liens or encumbrances in connection
with the Licensee's use of the Licensed Property.
22. Dispute Resolution. 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 date the dispute was first raised, then such dispute shall be resolved in a court
of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival. Licensee's indemnification obligations shall survive the termination or
expiration of this Agreement for the maximum period allowed under applicable law.
24. Headings. The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
25. Waiver. A waiver by City of any default or breach by Licensee of any covenants,
terms,or conditions of this Agreement does not limit City's right to enforce such covenants,terms,
or conditions or to pursue City's rights in the event of any subsequent default or breach.
26. Severability. If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
27. Applicable Law. The Parties agree that this Agreement is governed in all respects
by the laws of the State of Montana. Jurisdiction for any dispute or claim raised under this
Agreement or proceeding brought to interpret the Agreement shall lie solely in the State of
Montana, Gallatin County.
28. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
29. No Third-Party Beneficiary: 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 except the City.
30. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
License Agreement with HCHT for Bridger View Redevelopment
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31. Authority. Each party represents that it has full power and authority to enter into
and perform this Agreement and the person signing this Agreement on behalf of each parry has
been properly authorized and empowered to sign this Agreement.
32. Independent Contractor. The Parties agree and acknowledge that in the
performance of this Agreement Licensee shall not be considered an agent, representative,
subcontractor, or employee of the City. The Parties further agree that all individuals and
companies retained by Licensee at all times will be considered the agents, employees, or
independent contractors of Licensee and at no time will they be the employees, agents, or
representatives of the City.
33. Integration. This Agreement constitutes the entire agreement of the Parties.
Covenants or representations not contained therein or made a part thereof by reference, are not
binding upon the parties. There are no understandings between the parties other than as set forth
in this Agreement. All communications, either verbal or written, made prior to the date of this
Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement
by reference.
34. Recordation. This Agreement shall be recorded in the files of the Gallatin County
Clerk and Recorder.All costs of recording shall be borne by the Licensee. A copy of this recorded
agreement shall be provided to the City's Representative.
35. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic
Transactions Act, Title 30, Chapter 18, Part 1, MCA.
###########End of Agreement except for signatures ###########
License Agreement with HCHT for Bridger View Redevelopment
Page 11 of 12
5�
Executed this di day of _,,,�„ , 20aL.
City:
By:
e elich
Bozeman City Manager
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowledged before me on the 'day of (f , 2021 by
Jeff Mihelich, as City Manager for the Ci of Bozeman, M Ug.. o ana.
HEAT7NotarY
NVENUE
lalleoTAglA� mfor the M dMOUL,
Montana tart'Public for the State of Montana
at� Printed Name:
BozontanaAL �' Tres:My Cn 0 Residing in
J ,2022
My Commission Expires:
Headw ters Community Housing Trust
By:
(Print Name)
(Title)
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowled ed before me on the �1 day of <<{ ,20,)l by
�� , asx�c � �t✓�� of HCHT.
• OMEAGAN BROWN Not u lic for the State of Montana
NOTARY PUBLIC for the
E
STATE OF MONTANA
Residing at Belgrade,Montana Printed Name: QQ(.!'n MyConcession Expires Residin Ini CjaVOctober 29,2022 g
My Commission Expires:iO4 jg o oaa
License Agreement with HCHT for Bridger View Redevelopment
Page 12 of 12
EXHIRI T A
(Legal Description of Linear Park as described in
Quitclaim Deed within Film 152 Page 2244 of the records of the
Gallatin County Clerk and Recorder Office in Bozeman,Montana)
Exhibits-License Agreement with HCHT for Park Properties Adjacent to Bridger View Redevelopment
• r i
AL
FIM 152 PACF2244
QUITCLAIM DEED
FOR ADEQUATE CONSIDERATION, JOSN P. SCULLY, the Grantor, with
mailing address of ails S. Glencoe Ct. , Littleton, Colorado 80122,
does hereby convey, remise, release and forever quitclaim unto CITY
OF BOZEMAN, a political subdivision of the State of Montana, the
Grantee, with mailing address of Post Office Boa 640, Bozeman,
Montana 59771, all right, title and interest in and to the
following described real estate, situate in the County of Gallatin,
State of Montana, to-wit:
That portion of the abandoned Chicago, Milwaukee, St.
Paul and Pacific Railroad Company's right of way located
in the SEkSE% of Section 31, Township 1 South, Range 6
East, M.P.M. , Gallatin County, Montana, which is adjacent
to Tract 24 of the Northeast Annexation to Bozeman,
Montana, and which is located between the North boundary
line (extended) of that tract as shown on the plat
recorded in Book 147 of Deeds, Page 185, and the South
Boundary line (extended) of Bridger View Mobile Home
Court, located in the SE%SE4 of Section 31, Township 1
South, Range 6 East, M.P.M. , Gallatin County, Montana, as
shown on the plat recorded in Film 9, Page 1202. Said
right of way being shown on that certain right of way and
track map filed 9-25-85 at 11:57 A.M. under Permanent
File No. 770-C, in the office of the Clerk and Recorder
for Gallatin County, Montana.
(Deed Ref: Film 92, Page 4536)
That portion of the abandoned Chicago, Milwaukee, St.
Paul and Pacific Railroad Company's right of way located
in Section 31, Township 1 South, Range 6 East, M.P.M. ,
Gallatin County, Montana, - which is adjacent to that
parcel described in Exhibit "A" attached hereto, and
which is located between the South boundary line of .
Bridger Drive and the South boundary line (extended) of
said parcel as described in Exhibit "A". Said right of
way being as shown on that certain right of way and track
map filed 9-25-85 at ll:57 A.M. under Permanent File No.
770-C in the office of the Clerk and Recorder for
Gallatin County, Montana.
Together with all of the metals, stone, oil, gas, coal,
and mineral rights appurtenant to the hereinbefore
described real property owned by the Grantor. No
warranty is made as to the status or extent of such
rights.
Together with the water rights appurtenant to the
hereinbefore described real property and the ditches and
ditch rights to the extent used in connection with such
water rights. No warranty is made as to such water and
ditch rights.
PLK 152 FAU2245
Subject to all protective or restrictive covenants of
record, and all easements, reservations, and rights of
way of record, and those which would be disclosed by an
examination of the property.
TOGETHER WITH all the tenements, hereditaments, and
appurtenances thereunto belonging, and the reversion and
reversions, remainder and remainders, rents, issues and profits
thereof; and, also all the estate, right, title, interest,
property, possession, claim and demand whatsoever, as well in law
as in equity of the Grantor;
To HAVE AND TO HOLD unto the said Grantees, their heirs and
assigns forever.
DATED this day of 199A.
J P. SCULLY
STATE OF
ss.
County of 4 U 0n
On this --)� day of , 199�, before me personally
appeared JOHN P. SCULLY, whose 1dentity was proved to me on the
basis of satisfactory evidence to be the person whose name is
subscribed to this instrument, and acknowledged that he executed
the same.
06
No ary Pdnis for the State of _
�; f °�'' Residing at ! m ,�
}
My Commission xprires•
'r---
exmxszT "All HLM 152PAU2246
A tract of land in the Southeast % of the Southeast % of Section
31, Township 1 South,. Range 6 East, M.P.M. , Gallatin county,
Montana, more particularly described as follows: Beginning at a
point on the Westerly right of way line branch of the Chicago,
Milwaukee, St. Paul and Pacific Railway's Menard Branch, which
point is North 01'30'09" West on and along the East line of Section
31, a distance of 385.43 feet and South 88*33139" West, a distance
of 126.05 feet from the Southeast corner of said Section 31, thence
South 88'33,39" West, a distance of 361.79 feet, thence South
80*09135" West, a distance of 141.89 feet, thence North 33*50" West
a distance of 639.5 feet to a point on the Southerly right of way
of the Bridger Canyon Road as now laid out and constructed, which
point is 70 feet Southerly when measured at right angles to
Centerline Curve Station 43+76.0, thence on and along the right of
way curve, having a radius of 1076 feet and through a central angle
of 7*30114", a distance of 140.92 feet to the point of tangent of
a 5'00' curve right, thence North 89'55' East on and along said
right of way, a distance of 698.40 feet to a point on the Westerly
right of way of the Chicago, Milwaukee, St. Paul and Pacific
Railway Company's Menard Branch, thence South 01*29116" East along
said railway right of way, a distance of .388.92 feet to a point
50.0 feet Westerly when measured at right angles to the Railroad
Centerline point of curvature at Station 1200+71.90, thence along
the right of way curve having a radius of 1482.50 feet and through
a central angle of 04*33,46", a distance of 118.05 feet to the
point of beginning. According to Survey recorded in Film 9, Page
1202, records of Gallatin County, Montana.
(Deed Ref: Film 92, Page 4538)
303477
Et ft of Mont..County of GaReln.38 Ned for record APRIL 5 .19 95
8t 2:2 5 P 14., and recorded to Book 152 of DEEW,-, a+ge 2 2 4 4
� rf► k Recorder. BY Uep ly
RT: CITY OF BOZEMAN
FEE: $18.00
EXHIBIT B
(Legal Description of Parcel 4 COS 2865 Story Mill Community Park)
Parcel 4 of Certificate of Survey 2865 Located in Section 31, Township 01 South, Range 06
East, P.M.M, City of Bozeman, Gallatin County, Montana.
Exhibits-License Agreement with HCHT for Park Properties Adjacent to Bridger View Redevelopment
EXHIBIT C
(Depiction of Licensed Areas within Park Properties)
Exhibits-License Agreement with HCHT for Park Properties Adjacent to Bridger View Redevelopment
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