HomeMy WebLinkAbout22 - Easement Type Unknown - Bozeman Trax Partners, LLC - Tract 4-B of Certificate of Survey No. 2153A Return to,
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230
2778582
Page: 1 of i2 QSl1bl2022 1i:27:53 AM Fee: $9&.00
Eric Semerad -
Gallatin Caunty MT misc
Illllllllllllllll11111Il1111111111111IIlllllllllllll1111111111Illllll I1111111111111111I111
TEMPORARY ACCESS EASEMENT
Bozeman Trax Partners. LLC, a Montana Limited Liability Company whose address is 5148
U.S. Highway 89, Livingston, MT 59047, GRANTOR, for and in consideration of the receipt of
One Dollar($1.00) and for other valuable consideration, receipt of which is hereby
acknowledged, does hereby grant to the following GRANTEES: City of Bozeman,a Municipal
Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman,
Montana 59715; WWC Holding Co., Inc., a Delaware Corporation whose address is 3650—
1 31 st Avenue SE, 4400, Bellevue, WA 98006; and Northwestern Corporation, a Delaware
Corporation whose address is 40 Cast Broadway, Butte, MT 59701; a temporary access easement
for ingress, egress and access in, through, and across a 30-foot .vide strip of land situated in
Gallatin County, Montana, which is located on the following described property: Tract 4-B of
Certificate of Survey No. 2153A, located in the Northwest One-Quarter and the Northeast One-
Quarter of Section 36. Township 1 South, Range 5 Fast, Principal Meridian Montana, City of
Bozeman, Gallatin_County. Montana, according to the official plat thereof on file and of record
in the office of the County Clerk and Recorder of Gallatin County_. Montana:
as shown and more particularly described on Exhibit A attached hereto.
The GRANTOR states that they possess the real property described above and that they
have a lawful right to grant an easement thereon to GRANTEES.
The GRANTOR further agrees that the GRANTEES may peacefully hold and enjoy the
rights and privileges herein granted without any interruption by the GRANTORS.
This temporary access easement shall automatically terminate and be of no further-effect
2778582 Page 2 of 12 06/16/2022 11 :21:53 AM
immediately upon GRANTOR'S receipt of the final written inspection approval of Wheat Drive
(as improved by GRANTOR after the date hereof} by the City of Bozeman.
This easement is subject to all of the terms and conditions of that certain Land Use
License No. LUL-307-2200055 granted by the State of Montana Department of Natural
Resources and Conservation to GRANTOR(the ''LUL") with respect to that portion of the
described property ("Tract 4-13 of Certificate of Survey No. 2153A) which is covered by and
subject to the LUL, a copy of which is attached hereto as Exhibit B.
The terms, covenants and provisions of this easement and agreement shall extend to and
be binding upon the heirs, executors, administrators, personal representatives, successors and
assigns of the parties hereto.
GRANTOR
DATED this 10 day of dwe. , 20 Z2.
Bozeman Trax Partners, LLC
By:
Casey Til en , anager of Bozeman
Trax Partners, LLC, a Montana Limited
Liability Company
STATE of MONTANA )
):ss
County of Gal latin )
On this day of � , 20Z2., before me the
undersigned, a Notary Public in and for the State of Montana, personally appeared Casey
Tippens, Manager of Bozeman Trax Partners, LLC, a Montana Limited Liability Company,
known to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he did execute the same on behalf of and as the act and deed of the said
limited liability company, being duly authorized to do so.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
2778582 Page 3 of 12 06/16/2022 11 :21:53 AM
(SEA ANTH�ON taryP bADDO
e•00TARr.j p.0 for the state of Montana
t *= Residina at:
uj;.SEAL. r: Bozeman, Montana
No ublic for e State of Montana '-9 R. M Commission Expires:
v
January 30;2023
(Printed Name
Residing at zeman
My Comm' sion expires / /20
2778582 Page 4 of 12 06/16/2022 11 :21:53 AM
CITY OF BOZEMAN CERTIFICATE OF ACCEPTANCE
ACCEPTED BY:
C OE= BOZEMAN
by Jeff Mihelich
City Manager
U.
ATTEST:
y -
Mike MaasC 0-
Tina
City Clerk
STATE 01: MONTANA )
)ss.
County of Gallatin )
On tills_e day of , 20 ! ,, before me, a Notary Public for the
State of Montana, personally appeared JEFF MI11ELICI-I 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 WFIEREOF, 1 have hereunto set my hand and affixed my official seal the
day and year first above written.
JULIE HUNTER
(S FA L) �JJ r�9: Notary Public
aoTAAr�(• for the State of Montana
—'— , Residing at:
;;.SEAL.=�`- Bozeman, Montana
N tar I' lie for State of Montana '-9'.rµb ° My Commission Expires:
June 11,2025
1�
(Printed ame)
Residing at Bozeman, Moi ai�a n
My Commission Expires:/ �� /20 25
2778582 Page 5 of 12 06/1 6/2022 1 1:21:53 AM
EXHIBIT A
TEMPORARY ACCESS EASEMENT
WITHIN
TRACT 4-13, COS 2153A, S36, T1S, R5E, P.M.M.
PREPARED FOR BOZEMAN TRAX PARTNERS LLC MAY, 2022
PREPARED BY SA N D E RS O N ST E WA RT►� BOZEMAN, MONTANA
iy
it I (552'17'59'E 37.65')
I
!_ 'I
MA Ii �` •` / 'QD
<a Ij TRACT 4-B, \ •.� �TF`,p
COS 2153A
' f;h MICHAELRDDE
RA
e/CEP15F� �0
L LAB
o ii `��ly '•
� 1 ,
>,•.� ij TEMPORARYEXISTING
ACCESS PROPERTY UNE �`� '`� •�
EASEMENT (TV)
'�/I'�• j� + g (44,845 SO.FT.) (S01'52'15'W 1&001)
2 �_
3.00' j:� ';-T7 I '•_•, d-90'00'00"R-40.00'
/ (S88'07'45"E 697,72') L-52.83' ` '\
! r::
ry P OB N88'07'45"W 727.02') `•••
1 •5=90'00'00"R-10.00'•
1 t• ! 'S---------------------------- _-(N01'52'15"E '0-00')... i I
I I�.• �- NW1/4SE7/4 SEC. 38 - -T
1 WHEAT DR. (Cos 3019) (N88'07'45"w 30.00')
FLORA LN.
Beginning at the Southwest corner of the easement herein described, from
which point the Southwest corner Tract 4—B and the Center One—Quorter
Corner of Section 36 bears S 31' 28' 39" W, 23.00 feet, said point of
beginning; Thence, from said point of beginning, N 00' 31' 03" E, 759.21 feet
to the North line of Tract 4—B and the South line of MRL/BNSF Railroad R/W;
Thence, S 52' 17' 59" E, 37.65 feet along the North line of Tract 4-13 and
the South line of MRL/BNSF Railroad R/W; Thence, S 00' 31' 03" W, 707.16
feet; Thence, S 88' 07' 45" E, 697.72 feet; Thence, along a curve to the
RIGHT, having a radius of 40.00 feet, a delta angle of 90' 00' 00", and whose
long chord bears S 43" 07' 45" E a distance of 56.57 feet; Thence, S 01' 52'
15" W, 10.00 feet to the South line of Tract 4—B and the East—West Section
line of Section 36; Thence, N 88' 07' 45" W, 30.00 feet along the South line
of Tract 4-13 and the East—West Section line of Section 36; Thence, N 01' 52'
15" E, 10.00 feet; Thence, along a curve to the LEFT, having a radius of
10.00 feet, a delta angle of 90' 00' 00", and whose long chord bears N 43'
07' 45" W a distance of 14.14 feet; Thence, N 88' 07' 45" W, 727.02 feet to
the point of beginning, and containing 44,845 sq.ft., more or less.
^ n o 2s Iso R/w LEGEND
NORTH Scue:r-15C ®EXISTING ROAD R/W
[;"`•�•,`•'•`•`•`•`........"1•`•`••• TEMPORARY ACCESS EASE.
NOTE: THIS EXHIBIT IS NOT INTENDED
TO SHOW ALL EXISTING EASEMENTS OR 21349.02_NORTH_PARK_TEMP ACC EASE.DWG 21349.02 5/25/2022 TG
ENCUMBRANCES OF RECORD.
2778582 Page 6 of 12 06/16/2022 11 :21:53 AM
EXHIBIT B
DEPARTMENT OF NATURAL RESOURCES
AND CONSERVATION
Trod L=&MWUW=eR Mvbim•Cemm Iced o(am•fide=
Ii001 IY.Mmew A�q I Ideu�Mr 996fII ?fim>G(106)ISBN f+�(�68,'lSo6
C3UDGGIANf:ORTF_G0VEXN0R 153911.EVt.Trni AVENUE
STATE OF MONTANA
•- -. u xX-Cro1Cs oMC M (4" ro nox zmsm
=cV.l�r w �•i`- FAY.(40Q"4.26M fnaxw&NIOWANA 59620-16W
May 13,2022
Bozeman Trax Partners,LLC
ATTN:Casey Tippens , -
5148 US-89 S
Livingston,MT 59047
Re: Land Use License No.LUL-307-2200055
T01S,R05E,Sec.36
Gallatin County,Montana
Dear Mr.Tippens:
Enclosed please find two copies of Land Use License No.LUL-307-2200055,in duplicate,for the purpose
of obtaining temporary access on an existing gravel road to a cell tower on your deeded land. Please
sign and return both documents along with the annual rental fee of$200.00. Upon receipt of the signed
documents and$200.00 fee,the LUL will be executed. An original copy will be returned to you.
Regards,
Andy Burgoyne
Trust Land Program Manager
Central Land Office
406-458-3517
lBurt o),neQmt.gov
End.2 copies of LUL-307-2200055
Cc: Bozeman Unit,REMB
Page 1 of 7
2778582 Page 7 of 12 06/1 6/2022 1 1 .21 .53 AM
MONTANA DEPARTMENT OF NATURAL
RESOURCES AND CONSERVATION
LAND USE LICENSE NO. LUL-307-2200055
The STATE OF MONTANA,DEPARTMENT OF NATURAL RESOURCES&CONSERVATION(hereinafter
referred to as the"Department"or"Licensor"),whose address is P.O.Box 201601 1625 Eleventh Avenue
Helena,i\TT 59620-1661,herein grants Bozeman Trax Partners,LLC whose address is 5148 US-89 S
Livingston,MT 59047(hereinafter referred to as the"Licensee")a LAND USE LICENSE(hereinafter referred to
as a"License"or"LUL"),to obtain the following-described rights for a limited term in the following-described
lands,subject to all of the terms and conditions hereof.
1. LEGAL DESCRIPTION
Tract(s)of land situated in Gallatin County,Montana,and being further described as follows:
Description Section Township Range Acres
Tract 4-cast of Mandeville Creek 36 01 S 05E 21
2. FILING FEE
A fee of Twenty-five and NoA00 Dollars(S25.00)has been paid to the Licensor prior to issuance of this License.
3. RENTAL
Upon acceptance of this License,the Licensee agrees to pay in advance,ANNUAL fee of 2$ 00.00. Should the
License begin on a date other than March 1,the first year of this License shall be the date which the License is
signed and executed to the last day of February,or the expiration date,whichever is sooner.
4. DURATION
This License shall take effect upon Department signature and remain in full force and effect up to and including
February 28,2023,unless terminated in accordance with Section 19 of this License.
5. LICENSED ACTIVITY
The purpose of this License is to provide temporary access on an existing gravel road to a cell tower on their deeded
land.The width of existing road is--30 feet and the length is—500 feet. The total acres involved is less than 1 acre.
6. RECLAMATION OF THE LAND
The Licensee shall take all reasonable precautions to prevent or minimize damage to natural(i.e.,vegetation,soil,
water,wildlife),and cultural resources within the License premises. Within thirty(30)days of the termination of
this License by either party to this agreement,or final expiration of agreement,the Licensee shall reclaim the area to
the specifications of the Licensor.-Such reclamation-shall-include,but not be limited to;the elimination of all trace
of disturbances,compaction,and resurfacing of any holes or terraces. Licensee shall reseed all disturbed areas with
native species of grasses,unless other arrangements are agreed upon between the Licensor and the Licensee in
writing. When any action requires disturbance,all soil materials shall be salvaged,safeguarded from loss due to
a7nd or water erosion or machinery activity,and shall be replaced on all disturbed areas.
7. PERFORMANCE BOND
To secure performance of Licensee's reclamation obligation,Licensor may require a performance bond that shall
remain in existence for the term of the License. Any performance bond required shall be submitted to the Licensor
before conducting any disturbance on the land under this License. The bond requirement for this License is:
NONE.
8. MAINTENANC VAPROVEMENTS,UTILITY INSTALLATION
(a) The Licensee shall maintain the area within the License in a neat and orderly manner as reasonably
determined by the Licensor and will not allow waste or debris to accumulate thereon.
Page 2 of 7
2778582 Page 8 of 12 06/1 6/2022 1 1 .21 .53 AM
(b) The Licensee shall not construct any improvements upon the License Premises without first obtaining
Licensor's permission to construct or install such improvements on the License Premises. Licensee is responsible
for all cost incurred in the design,construction,operation,and maintenance of all improvements on this License.
(c) The Licensee,at its sole cost and expense,shall be responsible for installing and paying all costs of any
utilities if Licensee desires any such services. Notwithstanding the foregoing,the Licensee shall not enter into any
contract or agreement with any city,county,or other governmental agency or body or public utility with reference to
sewer lines or connections,water lines or connection,or street improvements relating to the License Premises,
without the prior written consent of the Licensor,which consent shall not be unreasonably withheld.
9. PERSONAL PROPERTY AT EXPIRATION OR TERMINATION OF LICENSE
Any personal property or fixture placed on or in the licensed area by the licensee or their agents shall be removed
immediately upon expiration or termination of the license. Any personal property or fixture left on the license after
the expiration or termination of the license shall become the property of the state of Montana. The Department shall
have the authority to use all or pan of any performance bond issued for this license to fund reclamation and disposal
of any property or fixture remaining on or in the licensed area. The department shall have the authority to
otherwise dispose of any property or fixture remaining on the licensed area at the termination of the
license. Licensee will not be entitled to any vnluc received by the Department through disposal of any property or
fixture remaining on the licensed area after expiration or taitiinaiion. This subsection does not authorize placement
of improvements or personal property upon the licensed area that were not otherwise authorized.
10. LTMITATION OF AUTHORITY
Other than for the purposes specifically described in this agreement,the Licensee agrees that it does not have,and
shall not claim at any time,any interests or estate of any kind or extent whatsoever in the License Prcmise by virtue
of this License or their occupancy or use hereunder in access of the use granted by the License. The Licensor
reserves all rights and interests to the License Premises other than those specifically granted by the License.
11. WEATHER CONDITIONS
The Licensor reserves the right to restrict or preclude any surface activity during periods of adverse weather and
other conditions which may contribute to accelerated erosion,fire hazard,disruption of seasonal wildlife,or any
other condition which in the opinion of the Department may have an adverse effect on Trust land.
12. NOXIOUS WEEDS
The Licensee shall be responsible for controlling any noxious weeds introduced by Licensee's activity on the
License Premises or adjacent state-owned land. The Department of Natural Resources&Conservation Field Office
that has jurisdiction for that locale must review the Licensee's methods of control. The Licensee shall comply with
the M9ritann County r ri u Weed Management Art
13. GENERAL LIABILITIES AND INDEMNITY
The Licensee agrees to assume responsibility for all claims and lawsuits,and shall be fully and completely liable to,
and indemnify,defend and hold harmless,the Licensor from any and all damages,injury or death to persons and/or
property that occur upon or about said land caused by or arising out of Licensee's use of the License Premises
hereunder.
14. WSURANCE
The Licensor may require the Licensee to procure and maintain and keep in force a comprehensive or commercial
general liability insurance covering claims arising out of the ownership,operation,maintenance,condition or use of
the License Premises for personal and bodily injury and death,and damage to others'property. Any insurance
required under this section shall name the Licensor as an additional insured in the policy(ics)providing such liability
insurance,which shall include cross liability and severability of interests clauses. The Licensee shall provide
certificates of insurance evidencing the policies obtained by Licensee. If the Licensee does not deliver the evidence
required by the preceding sentence before taking possession of the License Premises,then Licensee will deliver the
same within 30 days after taking possession of the License Premises. Thereafter,daring the Term,within 30 days
after the renewal date of each policy,the issuance of a new policy or on such other date as Licensor reasonably
requires,Licensee will deliver a copy of the latest proof of insurance to Licensor. Each policy of insurance will
require the issuer of the insurance policy to give Licensor 30 days'advance written notice of the termination or
modification of the policy. The minimum insurance requirement for this License for any one accident or occurrrnec
as described above is: NONE REQUIRED as insurance is already required through the commercial lease.
DNRC- Land use License No-_LUL-307-2200055_ • Page 2 of 3
Page 3 of 7
2778582 Page 9 of 12 06/1 6/2022 1 1 .21 .53 AM
15. PERMITS AND COMPLIANCE
Licensee is responsible for obtaining any additional permits or requirements from any other affected regulatory
agency(ies).
The Licensee shall comply with all public laws,statutes,ordinances,and administrative rules which are applicable
to its operations upon the above-described lands. In no event shall the Licensee conduct any activity,or allow any
activity to be conducted,upon the above-described lands or within the Project which is: a nuisance or violates of
public health,safety,or welfare.
16. INDEA['IFICATION FOR HAZARDOUS MATERIALS
The Licensee shall be fully and completely liable to,and indemnify,defend,and hold harmless,the Licensor for any
and all damages and clean-up costs and penalties imposed by any governmental authority with respect to Licensee's
use,disposal,transportation,generation,or sale of Hazardous Substances,in or about the above-described lands.
17. TAXES
The Licensee shall be solely responsible for all personal property taxes that accrue to personal property or real
property taxes that accrue to any improvements owned by Licensee that are located on the above described lands.
18. RIGHT OF ENTRY
Representatives of the Licensor shall at all reasonable times have the right to enter into and upon the premises and
all pans thereof for the purpose of managing the land and/or inspecting and examining uses thereof.
19. TERAI NATION OF LAND USE LICENSE
The Licensor reserves the right to terminate the permission hereby granted at any time by giving the Licensee no
less than thirty(30)days written notice of such termination,except that the Licensor may terminate the License and
all permission granted herein immediately if Licensee fails to comply with,or abide by,each and all of the
provisions hereof,or ceases to use the permission hereby granted. Licensee agrees to peaceably yield the License
Premises upon termination subject only to its reclamation obligations.
20. SPECIAL STIPULATION'S
The Licensor reserves the right to impose special stipulations on license based on use,location,or other reasons.
Special stipulations in addition to the terms above are:
• NONE,due to expected commercial development of the parcel.
Dated this day of
(Licensee/Authorized Agent)
(Printed Name and Title)
aa,�++ta++++t+t+a+aa+awa+++*++a++a+++aaeaa+++a+++:aaaa+taa+a+a+ataatarraa
(Department of Natural Resources&Conservation Use Only)
APPROVAL OF LICENSE
Date Approved
DNRC-Land Use License No._LUL-307-2200055_ Page 3 or 3
Page 4of7
2778582 Page 10 of 12 06/16/2022 11 .21 .53 AM
- '•� war e�1
S �
one
•
� M
f
. z y
t t
�Qa
J�
7
V
J
.J O
� U O
'C
� Q �
a E
exa :: LD
` � o
►- O CZ
J O t O
N ~
O
m
�z
b
m
eM letuawwls
o t
Page 5 of 7
2778582 Page 11 of 12 06/16/2022 11 :21:53 AM
-QOO
f■t
1 / �
, v
/ r; i ► f'.
� `i
V
�_
-- -- — R 0 to
VJ UOSJa31119
Coll
sneW
a'AVit"'LiN 4 Ord `
Cj
LIN
1ti„Y *y .
r�
-^ � - - _._._..__^�.1L" WW1 - --- - - • .wr.,t:.
� _ o �
Page 6 of 7
2778582 Page 12 of 12 06/16/2022 11 :21 :53 AM
I
I � I
FYI 01 �
I I lox
I I I
o m m p _ i F6 g z�-,�---•- __ —— �—
=s-_z
N
>
Z I I @ e
Ind
' 1
I x
I
T �I o °H
c
Y44�' O O
� 71
04
deo
m�
60
vo
1z °z
M
S
n
Al
i •+ P\2M4\14—57 Ncrtr Perk\O9 CAD-Su,ar\T• pa y Actin Ecw t E.r it e.S Apr ti, 2022- a'1pm
Page 7 of 7