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Home My WebLink About04- 2813 W Babcock St Temporary Access (];. " ~ (j ~ (\1\ r' ::y o \.9 I V t- V) IIIDIIII_IUIIII ~~:11:~: snell-y Vanoe-Gallatln Co "T "ISC Ie.De TEMPORARY ACCESS EASEMENT AND AGREEMENT WHEREAS, the City of Bozeman, hereinafter City, is planning to construct improvements in and along West Babcock Street; and WHEREAS, the City entered into an agreement with Stephen P. McGough to purchase a temporary interest in the property along West Babcock Street in order to allow it access to the property during construction of improvements; and WHEREAS, the City, by and through its Consulting Engineer. Morrison-Maierle, Inc., has entered into an agreement with the Grantor, attached hereto as "Attachment A" for certain improvements to be made to the Grantor's property as part of construction of improvements in and along West Babcock Street; and WHEREAS, this agreement also allows the City to enter the Grantor's property in order to repair or replace any portions of the Grantor's property damaged during the construction; and WHEREAS, the parties recognize that a temporary easement is necessary for City to preserve its right to access the property until construction is fully completed in order to meet its obligations under the construction agreement. NOW THEREFORE, Stephen P. McGough, owner of the property located at 2813 West Babcock Street, Bozeman, Montana, GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants to the City of Bozeman, hereinafter City, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59715, any successors and assigns, a temporary access easement in order to allow access to the Grantor's property to construct, repair or replace water and sewer mains lying adjacent to or within West Babcock Street, construct sidewalks adjacent to West Babcock and make certain repairs or improvements to the property occurring during the construction of said improvements to West Babcock Street as set forth in a separate construction agreement. The temporary easement shall be a strip of property not more than 15 feet wide along the northern edge of that lot located at 2813 West Babcock Street, City of Bozeman, Gallatin County, Montana and more particularly described as: A strip of land 15 feet wide and lying parallel and adjacent to the northern edge of that tract of land located in the Southwest Quarter of Section 11, Township 2 South, Range 5 East, P.M.M. Gallatin County. Said strip more particularly shown in "Exhibit A" attached hereto shall lie adjacent and parallel to the City of Bozeman's Right of Way for West Babcock Street, Gallatin County. .... " IIIII~IIIII~III ~~~~1~~: 8hell_v Vanol-Gallatln Co "T "llC 30.10 Said easement is temporary and shall cease automatically upon the completion of all improvements to West Babcock Street. Further, the City agrees to file all docwnentation necessary to terminate said easement upon the completion of the improvements to West Babcock Street. THE GRANTOR AGREES: (1) At no time, during the life of this temporary easement, will the Grantor build. construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of GRANTEE. (2) The GRANTOR warrants that he is lawfully seized and possessed of the real property described above, that she has a lawful right to convey the property, or any part of it, and that she will defend the title to this property against the claims of all persons. (3) During the life of this temporary easement, the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. 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. DATED this K day of ~()~u:J- , 2004. GRANTOR: I!k/' Ifl(~ S~hen . McGough ) ) ss. County of Gallatin ) On this ;J~ day of * , 2004 before me the undersigned, a Notary Public for the State of Montana, ersonallyappeared Stephen P. McGough known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. ST ATE OF MONTANA IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. -11....-./ e at of Montana V\- Printed Nam fNotary Public Residing at ~fIJ tJD. My Commission Expires VuvJ'Jt\/'. ",,""\i\"~'f.,~":"", Tammy Redfern ,/' ~,,~. ' - , : ~<:-':i" . Notary Public t"~'~O'\A~!~~":Z'\, for the ,;tatc of Montana : . _..- , Residing at: \~I" SEAL ,:.:t Bozemnn, Montana . :A. ' ~ ,. \. "'~ " . . ' -....'f'/. My Commission Expires: "'''4fp'''tt~f;I'~~~\\''\'''' November 412007 ~ J ).-Dl}l -' , t IIII~IIIIIIIIIIIIIII~ IIIIIIIIIII~ II1II11I11111 ~4~:11~~: Shelley 'Ia-o.Ua\1" Co "T "11C 31.. ACCEPTED: CITY 0 BOZEMAN ~ Ron Brey, Assi ST A IE OF MONT ANA ) ) S5. County of Gallatin ) On this ~daY of ~ ' 2004, before me, a Notary Public for the State of Montana, personally appeared ON BREY, known to me to be the AssIstant CIty Manager for the City of Bozeman and the person whose name is subscribed to the within instrwnent, and acknowledged to me that he executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. (SEAL) ~e f Montana ., -'I\....... Printed Nam fNotary Public Residing in Bozeman, Mont~a My Commission Expires t\l)JGI/~.JtX.V ~ \ )DO,? .,''':~'~[';;",., Tammy RGdforn :"'~"'. . . . . '~~::". Nol.lIY Put)li<; {"'v: ,,-,," ~'ll'l~ '1.\ for the State of rv1or.tana ~. . . Residing 3t: '~{~~,;~i0:i/ .;,:;r::E~;~~O~~~' -, '.... ,~ } III~III~ 1111111111'" I~IIII~ '" 111111111111 ~e~ll ~~: Shelley VIMDe-GIllltln Co "' "llC 11.01 ATTACHMENT A FOR THE PROPERTY AT 2813 WEST BABCOCK ST. CONDITIONS FOR CONSTRUCTING IMPROVEMENTS WITHIN THE BOUNDARY OF THIS PROPERTY TO MAKE THE IMPROVED WEST BABCOCK ST. COMPATIBLE WITH THE PROPERTY The conditions relative to improving this private property are listed as follows: 2813 West Babcock St., Stephen McGough (480-488-4116). 8" diameter water and sewer lines will be stubbed to the property at the approximate locations illustrated on the attached exhibit. The service line locations may be modified slightly to avoid existing Improvements. Per the City of Bozeman Design Standards and Speciflcation Policy the property may be serviced by a dead end main. All dead end mains shall end with a T b1owoff or fire hydrant. Permanent dead-end mains shall not exceed 5OO-feet in length. A fill slope will be constructed at an approximate slope of 4 feet horizontal to 1 foot vertical {maximum slope of 3 feet horizontal to 1 foot vertical} to match the new roadway with the lawn areas along West Babcock SI. The driveway will be replaced for approximately 45 feet beyond the back of the new sidewalk to match the grade. surface type. and width of the existing driveway surface. The existing washed rock surface shall be removed to full depth and stockpiled on-site. The approach will be constructed to meet City of Bozeman requirements. Disturbed lawn areas will be restored with sod. The existing deciduous trees (33) along West Babcock Street will be removed. The spruce trees are to remain In place undisturbed and undamaged. The Contractor shall be responsible for repairing or replacing damaged trees to Owner's satisfaction. Notify property owner 2-weeks prior to any work or tree removal on the property. Tree removal work shall take place after June 15, 2004. The improvements are illustrated on the attached exhibit (Stephen McGough. 2813 W. Babcock St., Bozeman, MT). The signatures below signify the acceptance of the conditions listed above, and that these conditions represent the full amount of requirements for the property In question. This document also provides notice that the Contractor may proceed with the work under the terms of the Construction Contract with the City of Bozeman. The work shall be performed and completed by the Contractor as part of the West Babcock St. SpeCial Improvement District Project. All work on the property will be performed under the liability Insurance requirements of the Contractor for this project. All work Shall be covered under a one-year warranty, and the correction of any problems or failures within that period Shall be completed by the contractor under the terms of Contract with the City of Bozeman. Agreed: #~~!lt:t- ~M/ END H:\0417\039\docs\CORRESP\Slephen McGough_ATTACHMENT A.doc ~ :r~o a: Q.. REMOVE EXISTING FENCE EACH SIDE OF MEGHAN'S WAY lA -.------- ..s . . e VICINITY MAP Gt.D/IIOCIl SP/IHN II/OBLC HOllE _ STD'HCH /IIcQOVGH 175 '" J4QI w z ::i ~ 1~H ,~, AI ..63 W Q. o a: Q. REGRADE MEGHAtfS WAY FOR 40 FEET REGRADE EXISTING DRIVE APPROACH . ~WAY FEET OFF SECTION LINE DOCIMCNT /ZW5'7~ LEGEND: ~ e. l~-,-~J EX1Sl1NG VEGETATION' TREES Sl)EWALKS OVERHeAD POWER (0tF) TELEPHONE UtE (TB.) GAS MAIN (GAS) SAlUTARY SEWER MAIN (SSI WATER MAIN (WTR) SANITARY SEWER MANHOlE WATER VAlVE F\B.D WORK. DRAWN B'(' I<DJIKSS IIIIIIII~I~II' ~,I!~~:&5 "'~ . 1"25/281. 11:S'A Shelley Vance-Gall.tin Co "1 ~lle 11.1 --- ----'Til- .--.-.-. - - (~ .~._....... ,._.~ ---01"-- @. Wv )<.: rO-lMORRISON cl:1JMAIERLE~Jnc. .. . ,......'........ - - - - -- .............", ~,............" r. .... DoIIlE: 03/24/04 SCALE:' ".40' PROJ 0417/D3V -- l. _._.~------_._- --......------.- 'II .. . "..41 , . . ~ . ~~ ~ die ~ GRAPHI , . 'ALE 40 _ 9 210 ~~ . ( IN FEET ) 1 inch = 40 It. i TOE OF SlOPE . S10RM WATER SEWER ,~_.( WATER SERVICE SEWER SaMCE CULVERT ~ POWER PEDISlAL ill TELEPHONE PSlISTAL C'Q., OVERHEAD POWER POLE ", ..' $ .' -j FIRE HYDRANT ~ FIRE HYDRANT Glenwood Sprg MHP W. Babcock Street Bozeman, MT 59718 PLOTItD DATE: Moy/I1/2004 - I ':57:54 am DRAWING NAAAE: ~.:.~ SHEET ..-L- OF ---L- PLlll1D..,