HomeMy WebLinkAboutPublic Easements - Capstone Commons THE CITY OF BOZEMAN
20 E OLIVE • P O. BOX 1230
BOZEMAN, MONTANA 5977 1-1 230
9Ct pp �Ci? ENGINEERING DEPARTMENT
"a9�1 coco o��1 PHONE: (406) 582-2280 + FAX: (406) 582-2263
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Heaston, Project Engineer
Chris Kukulski, City Manager
SUBJECT: Public Easements—Capstone Commons
W
MEETING DATE: July Y,2008 Consent Agenda
RECOMMENDATION: Authorize the City Manager to Sign Public Easements for the Capstone
Commons Development.
BACKGROUND: The following easements were identified as requirements for Final Site Plan
approval for the Capstone Commons project:
- Sewer& Water Pipeline and Access Easement and Agreement
- Public Access and Utility Easement
The property owner has executed the aforementioned easements as a condition of
Final Site Plan approval, all being attached herewith. Engineering staff has
reviewed the documents and has found them to be acceptable.
FISCAL EFFECTS: N/A
ALTERNATIVES: None recommended.
Respectfully submitted, Approved by:
Brian Heaston Chris A. Kukulski
Project Engineer City Manager
Attachments: (1) Public Park Easement; (1) Public Access Easement;
Report compiled on June 26,2008
cc: Project File
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
PUBLIC ACCESS EASEMENT
Meadow Creek Partners LLC, GRANTOR(S), in consideration of$ 1.00 and for other and
valuable considerations, receipt of which is hereby acknowledged, grants to The City of
Bozeman, a Municipal Corporation of the State of Montana, with offices at 411 East Main,
Bozeman, Montana 59715, GRANTEE, public access easements for a driveway for the use of
the public in, through a strip of land situated in Gallatin County, Montana, which is located on
the following described property:
Lot 1 & 2 of Block 2 of Meadow Creek Subdivision, Phase 1, situated in Section 23,
Township 2 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County Montana.
The easement as shown on the attached Exhibit A which by this reference is made a part
hereof.
The GRANTOR(S) agrees:
(1) To construct and maintain the driveway and parking area 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 driveway and parking area 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(S) 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 day of_ ��t , 2008.
GR/q N ATOR
n �, f
I"I�crlu y I rlt� Au 106 ��� bl U(110 i`� 6e k Ph i—Ci Lac.
CORPORATE: J
STATE OF MONTANA )
):ss
County of Gallatin )
On this day of 2008, before me the undersigned, a Notary
Public for the State of Montana, personally appeared A,4.s•-r+o A rg{ _.,_known to
me to be MiQrlPC,r14. L'rk%-, of t&A0v-v Co. and the person whose name is subscribed to
the within instrument and acknowled ed to me that he executed the within instrument for and on
behalf of MP4AD 01-w r,ACV- Piot,4TA,Go GLL
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL) FCHRIS BUDESKI
otary Public
e of Montana
Notary Public for the State of M"Oti na
G�4415 (;, -
(Printed Name)
Residing atfl�����
My Commission expires i20�
ACCEPTED:
CITY OF BOZEMAN
by
City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this day of , 2008, before me, a Notary Public for
the State of Montana, personally appeared CHRIS KUKULSKI and STACY ULMEN, known to
me to be the City Manager and City Clerk, respectively, of 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 the
day and year first above written.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing at
My Commission Expires / /20
EXHIBIT A
PUBLIC ACCESS EASEMENT
SITUATED IN THE E2 OF THE SW4
SECTION 23, T2S, R5E, P.M.M.
LOT 1 & 2, BLOCK 2 MEADOW CREEK SUBDIVISION
I I -- --• - .-- -
POINT OF BEGINNING, r
PUBLIC ACCESS -
• EASEMENT N DR
_ NE -
• -
r
V4S
I I 6 26.02' ul
60
.07 w II o I I pIroi
lI 'n 0 ?1 59"E N87'58'06"E
ri
N82'59' r 35.59'1 I
14.72' 144,4E
N82'S9'S9"E l0 40 8I)
I — 155.64• �
SO4-17'40"W I I I v= KU
I I I N I_ I 26.52' I
M �
old WI LOT 1 BLOCK 2 Nlo olo
• ZI Mlo MEADOW CREEK oln QI
I I I in SUBDIVISION - PHASE I ol" BIN
zl �I
NOt'03'32"E I I I S03.21'50"E I I I LOT 2 0
' SBB'41'33"E� - -7N88�! MINOR29.
65.47' 154.17 SUBDIVISION N
NO. 235
N88
LL
S88'59'32"E w
67.95 — w
I I 151.70' I ,�
O LJ
� m I
I wLn
I I I • y
U
I wI LOT 2 BLOCK 2 3 I ,
w I ola MEADOW CREEK ola �I^
I I `tln N SUBDIVISION - PHASE I pI0 N NQl
a ^ gIN N DIw
to I r
a o D
r I ZII N Z I to N
NBB'58'18"W
I 1 I 158.66'
L — NBB'54'38»W _ J
f — — 211.47' —
r I i
CV
i
I J
r i
SEWER AND WATER PIPELINE ACCESS EASEMENT AND AGREEMENT
Meadow Creek Partners LLC, the GRANTOR(S), in consideration of One Dollar and other
good and valuable consideration, receipt of which is acknowledged, grants to The City of
Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and
maintain 1053 If (sewer) and 1083 if (water) pipelines with the usual services, valves,
connections, accessories and appurtenances for the purpose of transmitting sewer and water in,
through, and across a strip of land situated in Gallatin County, Montana, which is located on the
following described property:
Lot I & 2 of Block 2 of Meadow Creek Subdivision, Phase I, situated in Section 23,
Township 2 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County Montana.
The easement as shown on the attached Exhibit A which by this reference is made a part
hereof:
This grant includes the right of the GRANTEE, its successors, permittees, licensees, and
assigns and its and their agents and employees, to enter at all times upon the above-described
Iand by using existing roads or trails or otherwise by a route causing the least damage and
inconvenience to the GRANTOR(S) in order to survey and establish the route and location of the
easement and the pipeline and to:
(1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the
pipeline, services, connections, accessories and appurtenances,
(2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the
boundaries of the easement which may, in the opinion of the GRANTEE, interfere or
threaten to interfere with or be hazardous to the construction, operation and maintenance
of the pipeline;
(3) Grade the land subject to this easement and extend the cuts and fills of this fnading into
and on the land adjacent to that which is subject to this easement to the extent GRANTEE
may find reasonably necessary; and
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said sewer and water pipeline(s), it
will repair or replace, at its sole expense, or pay to GRANTOR(S)the reasonable value of
any damages to growing crops, existing fences, ditches and other appurtenances of said
land that may be disturbed by its operation.
(2) That, during operations involving excavation, it will remove the topsoil from the trenched
area to a depth of one foot, or to the full depth of the topsoil, whichever is less, and
stockpile said top soil for replacement over the trench. It will remove from the site any
large rocks or surplus excavating material or any debris that may have been exposed by
the excavation and remains after backfilling is completed. And, it will leave the finished
surface in substantially the same condition as existed prior to the beginning of operations
except that the surface of backfilled areas may be mounded sufficiently to prevent the
formation of depressions after final settlement has taken place.
THE GRANTOR(S) AGREES:
(1) At no time will they build, construct, erect or maintain any permanent structure within the
boundaries of said easement without the prior written consent of GRANTEE.
(2) At no time will they modify the finished grade of the land over the pipeline by removal of
existing soil or by placement of fill material within the boundaries of said easement
without the prior written consent of the GRANTEE.
(3) That where the subject improvements are not located under improved public or private
streets or other provided access, a 12 foot wide all-weather access road may be
constructed within the easement where at the City`s discretion such access is required for
operation and maintenance purposes.
(4) The GRANTOR(S) warrants 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.
(5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted
without any interruption by the GRANTOR(S). The terms, covenants and provisions of
this easement and agreement shall extend to and be binding upon the heirs, executors,
DATED this Gl day of , 20U .
GRAN OR
CORPORATE QctiNUC)64 Meude C(etk Yaihxt',>, IL6
STATE OF MONTANA )
) ss.
County of Gallatin )
264 _
On this day of 2008, before me the undersigned, a Notary
Public for the State of Montana ersonally appeared, '. Jg6A(, Aigi,�,�, , known to
me to be the y► ,�,galn(I 09e Tlgh-t, ofM EAdrwC&C�--u PA romp L[4� and the
person whose name is subscribed to the within instrument and acknowl=1441
0 me that he
executed the within instrument for and on behalf of N'l�vlo�� a►c L-Le—
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
CHRIS BUDESKI
Notary Public
State of Montana
Notary Public for the State of Montana
(Printed Name)
Residing in F - Y
My Commission Expires Z4. i20 1 1
EXHIBIT A
SEWER & WATER PIPELINE EASEMENT
SITUATED IN THE E2 OF THE SW4
SECTION 23, T2S, R5E, P.M.M.
LOT 1 & 2, BLOCK 2 MEADOW CREEK SUBDIVISION
f I
POINT OF BEGINNING_.
SEWER AND WATER
PIPELINE EASEMENT `
-
N81'43'43"E -— —
3q.II1-
�S t 43'43"
I ' r 56.09' 1�
-- 88 ;5
rn — 9�`.�.E•� 37.72' I
143.49
501'01'28 W I
9:4-F - 18.9080
1 .
I
! I 1 S03'41.20"E S88'58'32"E 1
I 1 30.05' 16.49' 1 1 I 1„_ 8{)
I 1 31 I
l I o10 _aLn LOT 1 BLOCK 2
o N �� MEADOW CREEK N 1
o Z1 SUBDIVISION - PHASE I
m it I I 1 7' 1"W 1177.61
I
Ld I 1 I ns1 I
I 1 _ N88'55'18 W — I
501.02'o91W LOT 2
1 I 129.78'" 16.06 I MINOR
— ';——'-- --iI
•— ISUBDIVISION
F-LJ - � NO. 235 YS
8�
S01'42'04"W .
39.64' o 0 I v�
0 0
Ln
V,
f"m 1
7.463.'4�7"
o^(lI_II
—III—lln
�
11III
x
20.27 �o LOT 2 BLOCK 2
NO3'4604"E � i
MEADOW CREEK
3o.oa' r43 Zl— zI SUBDIVISION — PHASE I
8J2w N "W
2 1N87.09'47"W 2.65
21.29' �
NL N88'58'42"Wn '35ZI 392' .191
N88'58'42"W3 �-
215.55rN
1
ACCEPTED:
CITY OF BOZEMAN
By
City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
ss.
County of Gallatin )
On this day of , 2008, before me, a Notary Public for the
State of Montana, personally appeared CHRIS A. KUKULSKI and STACY ULMEN, 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 seal on the day
and year first above written.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: _/ /20