HomeMy WebLinkAbout09- Global Tower Assets, Gallatin County Access and Utility Easement GLOBAL
TOWER
October 19, 2009 PARTNERS
Gallatin County Commission VIA FEDERAL EXPRESS
311 W. main Room 306
Bozeman, MT 59715,
ATTN: Glenda Howze
RE: Easement agreement by and between Gallatin County and Global Tower Assets, LLC for
property located in Bozeman, Montana
GTP site: MT -5125 Clogger
Dear Ms. Howze:
An original of the following is enclosed for recording:
1. One (1) Non- Exclusive Access and Utility Easement
After recording, please forward a copy to Global Tower Assets, LLC at the address noted below.
Please feel free to contact me with any questions. Thank you.
Very truly,
Kesha M. DeJesus
Site Development
561- 995 -0320
Enclosures
750 Park of Commerce Boulevard-Suite 300-Boca Raton, FL 33487 -3612
State of Montana
Q GaAL nN
Bozeman
OF MO
Enclosed you will find the Non Exclusive Access and Utility Easement agreement between
Gallatin County, City of Bozeman and Global Tower Assets, LLC. The County has approved and
signed off on the agreement.
Next ste s:
Wl City of Bozeman sign
City forwards to Global Tower Assets, LLC
global Tower Assets, LLC signs
Global Tower Assets, LLC forwards back to Gallatin County
Gallatin County Commission
Attention Glenda Howze
311 W. Main, Room 306 Bozeman, MT 59715
5) Gallatin County Commission will have the document recorded
6) Gallatin Comity will forward a fully signed copy of the document to the City of
Bozeman and Global Tower Assets, LLC
If you have any questions on this process, please feel free to give me a call at 582- 3027. I
would appreciate a call when the document is forwarded from the City to Global Tower Assets
and then another call when Global has signed and is sending back to tics so that we know
where it is in the process.
Thant: you very nuichl
i
Glenda C. Howze
Conuuission Assistant
Grantor Grantee:
Gallatin County (Montana) Global Tower Assets, LLC
311 West Main Street 750 Park of Commerce Blvd
Bozeman, MT 59715 Suite 300
-and- Boca Raton, FL 33487 -3612
City of Bozeman(Montana) Site name: MT -5125 (Clogger)
121 North Rouse Avenue
Bozeman, MT 59715
NON EXCLUSIVE ACCESS and UTILITY EASEMENT
THIS Non Exclusive Access Utitlity Easement is made this 1st day of Septembex 2009 by Gaiiatin
County (Montana) and City of Bozeman (Montana)_ (the "Grantor"), whose respective addresses are 311
West Main Street, Bozeman, Montana 59715 and 121 North Rouse Avenue, Bozeman, Montana 59715,
and Global Tower Assets, LLC, a Delaware limited liability company (the "Grantee whose address is
750 Park of Commerce Blvd, Suite 300, Boca Raton, FL 33487 -3612.
WHEREAS, the Grantor owns certain real property located in the County of Gallatin, state of Montana,
and is legally described as Parcel A -being an approximate 0.344 acre parcel located in the SE SW
of Section 13 (S13), Township 2 South (T2S), Range 7 East (R7E), P.M.M., Gallatin County, Montana, in
Tax Parcel No. RGI- 51955, by Gen Code 06- 0800- 13- 3 -02 -01 -0000 and being the same property
described in COS 1488 (Film 159, Page 3046) and recorded in Gallatin County Recorders Book of Deeds
107F, page M937 dated 8114/1989.
00 For good and valuable consideration the undersigned (Grantor) hereby grants and conveys to Global Tower
0.2 Assets, LLC, a Delaware limited liability company, and its affiliates, licensees, successors and assigns
(collectively "Grantee an easement across the Easement Area (described in Exhibit "A" and Exhibit "B"
hereto attached) for the purpose of utilizing an access roadway for ingress to and egress from and for the
placement of utilities to provide service to the premises more fully described as approximately 3,000
square ft of area located at 1285 Beacon Hill Road, Bozeman, in Gallatin County, State of Montana being
more fully described as an approximate 195 acre parcel located in the West half (W of Section 13
W (S13), Township 2 South (T2S), Range 7 East (R7E), less Highway Right -of -Way (Book 40, Page 599)
and COS 1488 (Film 159, Page 3046), P.M.M., Gallatin County, Montana, in Tax Parcel No. RGI 16547,
mo by Geo Code 06 -0800- 13- 3 -01 -01 -0000 and being the same property recorded in Gallatin County
Recorders Book of Deeds 2024, page 4840 dated 1110812000.
61 C
Term. This Easement shall commence on the date that Grantee begins construction at the site (the
d"�— "Commencement Date which shall be confirmed in writing from Grantee to Grantor. Unless earlier
terminated as herein provided, the term of this easement shall run concurrently with the term of the
N_ underlying tower ground lease between Global Tower Assets, LLC and Peggy Lou Stradley /Margie Nord
(Landlord). Notwithstanding anything contained in this Easement Agreement to the contrary, if the
Wx: underlying Ground Lease expires or is terminated for any reason, this Easement Agreement shall
terminate on the effective date of such termination and Grantor shall have no further liability to Grantee as
M d a result of the termination of this Agreement. Unless prohibited by the terms of such Ground Lease, upon
Nam- Grantor's written request, Grantee shall provide a copy of any applicable Ground Lease with the
economic terms and other terms that Licensor deems reasonably confidential redacted.
Assignment. Grantee may not assign this Easement Agreement as a whole, or any portion of Grantee's
rights, title and interests hereunder without Grantor's prior written consent, which shall not be
unreasonably conditioned or withheld.
Right of Termination. Grantor shall have the right to terminate this easement if Grantee is in breach of
easement and fails to correct defect or default within 30 -days of receipt of notice of defect or default.
Waiver and Indemnification. Grantee shall indemnify, hold harmless, and defend the Grantor and its
agents, principals, and employees from and against any and all claims, including without limitation liability
(including liability where activity is inherently or intrinsically dangerous or hazardous) damages, injuries,
causes of action, losses, costs, and reasonable attorney's fees, arising out of or resulting from Grantee's
or Grantee's subcontractor's negligence, recklessness, or intentional misconduct, or failure to comply with
the requirements of this agreement, or failure to comply with applicable federal, state and local law, rules
or regulations. The foregoing shall not exempt the Grantor or anyone "from responsibility for his own
fraud, for willful injury to the person or property of another, or for violation of law, whether willful or
negligent" as per MCA 28 -2 -702.
Insurance. Grantee shall carry comprehensive general liability insurance in the amount no less than
NCLIB 1 274848.2
2345074 Page 2 of 5 10/22/2009 09:12:48 AM
$1,500,000.00 for each occurrence. All insurance policies shall be primary and noncontributory and shall
name Gallatin County as an additional insured.
Description. The Easement Area is described in Exhibit "A" and represented in Exhibit "B" attached
hereto and made a part hereof.
All utilities associated with this telecommunications site as described and represented in Exhibits "A" and
"B" shall be buried in underground trenches running the length of this Easement.
The Grantor represents and warrants to the Grantee that Grantor is the true and lawful owner of the
Property and has full right and power to grant and convey the rights conveyed herein.
Grantee hereby agrees to promptly restore or repair all property disturbed or damaged by its activities in
use of the easement, at its sole expense. Grantee also agrees to incorporate all weed maintenance and
control provisions of Conditional Use Permit (CUP) issued by Gallatin County.
Grantee shall construct, maintain and repair said access roadway, at its sole expense and said cost of
maintenance and repair will be in lieu of payment of a fee for the use of said easement.
As a public service to the citizens of Gallatin County and in lieu of any compensation for the granting of
this easement and with the prior written consent of the Grantee as outlined herein, the Grantor shall have
the right to install no more than 3 EMT antennas at no rental cost on submission and approval of a
standard GTP collocation application by the county emergency management coordinator. Such EMT
antennas may only be installed so long as there is at the time of the written request by the County,
available structural and physical capacity on the Grantee's tower not being then occupied by other
tenants and so long as the County agrees to sign Grantee's standard form site lease agreement and
complies with all terms required therein. Grantor further agrees to a tower structural analysis at its
expense if required and to pay for any tower modifications that may be required to allow the installation of
Grantor's antennas on the tower to meet all codes and regulations. All costs of installation and operation
of the EMT installation are the responsibility of Grantor.
Grantee shall have the right to remove brush and to trim or remove trees in the Easement Area as is
necessary to exercise the rights conveyed herein,
The Grantor shall not construct improvements in the Easement Area or change the finish grade of the
Easement Area without the consent of the Grantee.
I inure the benefit of the heirs successors a This Easement is binding upon and shall n to and g
licensees of the parties hereto. Venue for any dispute or enforcement of this agreement shall be 18
District Court Gallati County, law of the State of Montana shall control.
Dated: M 2009 Grantor
Gallatin ounty (Montana
Stephen White, Chairman
County Commissioners
Attest`
Charlotte Mills, Clerk-
ltecq'rder
Da1Ed: I 2000 Grantor
City of Bozeman City (Mo t4na)
t
y r'sr rr +r r
BOe
2345074 Page 3 of 5 10/22/2009 09:12:48 AM
d
On this 2 �fday of 2009, before me personally appeared t9known
to me (or proved to me on the basis of satisfactory evidence) to be the persons described in and who
executed the foregoing instrument, and acknowledged that he executed the same as his free act and
deed.
11444 ,11vi Mots ter. �O\ \EIK'//
N II IAHV e'Vt
Nara �Pi5bfiE a afrMontana S
Name:
Resi9thYj�}"�' Ivo�rnt7tintu'.r
My commission expires:
SAL
W
WITNESSES: o Grantee
Global Tower Assets, LLC
a Delaware limited liability
Name: %AA By: �-2t�
Name: Terry Ar ant
FT ,AMc,c Title: Sr VP of De elv meet
Name: Date: Q�
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ,g, day of 2009, by
Terry Armant the Sr. VP of Development of Global Tower Assets, LLC, a Delaware limited liability
company, on behalf of the company, who is personally known to me.
WlT FSS m hand and Official Seal at office this day of 1 2009,
3
Notary Public 7
My om ission Expires:
7RAGLYNNCLANCI'
MY COMMISSION A DD BM78
yf EXPIRES: August 22,2D12
�Ar Bonded Yto Nmwy PaW UntldwAM
2345074 Page 4 of 5 10/22/2009 09:12:48 AM
EXHIBIT A
A tract of land located in the County of Gallatin, state of Montana, and is legally described as
Parcel A of COS 1488 -being an approximate 0.344 acre parcel located in the SE 1 /4 SW 1 /4 of
Section 13 (S13), Township 2 South (US), Range 7 East (RTE), P.M.M„ Gallatin County,
Montana, in Tax Parcel No. RGI- 51955, by Geo Code 06- 0800- 13- 3 -02 -01 -0000 and recorded
in Gallatin County Recorders Book of Deeds 107F, page M937 dated 8/14/1989. Further
specifically described by metes and bounds as:
i
LEGAL DESCRIPTIONS
i
PARCEL L:
A lea parcel siluote l in the SWI /4 Seetian 13, 1`25, R7E, P.M.M., Gallatin County,
Montano. and being further described as follows:
Beginning of the Southeast caner at the herein described lease parcel at o pant which
beets 1116,157"W a dletance of 1089.25 fee tram the the South 1/4 comer of said Section
13, thence N86 "w a distance of 75.00 feel, NOYS1'11E o distance at 100.00 feat,
S85'08'49 "E a distance of 75,00 feel. SOT54'11 "11 0 distance of 100.00 feet to the
Point o1 Beginning.
Said lease porch citing 7,500 s0uore fee:, along with and subject to any existing
easements.
NON- E%CLU9VE ACCESS AND UMtTY EASEMENT NO 1:
Beginning at a point on the Weal line of Certificate o1 Surrey 1488 which bears
1 "E a distance of 28.90 feel from the Southwest Corner of Said Certificate o/
Survey, thence along a nan- tangent 12500C foot rodlus cure to the left o distance of
x65.51 loot (the rddai bearing thereof being 569'29'57 "E). $12 "W o distance of
274.65 feet, SW41'31'W a distance of 10 feel, thence 010110 0 196.00 fact radius
curve to the left a distance of 42.42 feel, S03 "w a distance of 196,23 feet,
IhenOe along a 60.00 fool radius curve 10 the fight a distance of 116.00 feel,
N65'46'3Tw 0 distance of 278.00 feet, thence along on 67.00 foot radius curve to the
:;ghl a distance of 122.63 feel, N14'45'30 "E a distance of 67.12 feet, thence Wong a
9BO.OD fool radius curve to the left a distance of 290.62 feet, NO2'I2'58'w a distance
of 638.22 het. thence along a 370.00 toot •adius curve to the left 0 dlrulonee of 160.
feet, N27'0342 "W a distance of 6701 feet. N21 "W o distance of 205.24 feet,
tMnce along a 123.60 foal radius curve to the left a distance of 118.24 feel,
N76'25'43" W a distance of 210.65 feel, thence along a 16230 tool radius curve to the
right a distance of 2 feet, N00'29'31'w o distance of 3 feet, thence along a
327,00 font rodlus dufa to the right 0 distance of 253.25 feel. N43'SY55"E a distance
of 199.94 feet, thence along a 1020.00 foal radius curve to the left a distance of
268.07 feel, N2649 "E a distance of 165.176 feet, thence along a 1354.00 fool radius
curve to the right a distance of 33826 feet to a point an the South Right -of -way line
of the Montana Rail Link. Inc. thence Mont' sold Right -of -Wily S110'39'OSE 0 distance of
d8.46 feel, thence along a non- tangent 1314.00 feat radius curve to the left o distance
of 355.23 feet (the radial btoring thereof eelng S4542'12E), 528 "W a distance of
;65.06 feet. thence along a 1060.00 foot radius curve to the right a distance of 278.58
recL 543'52'55'W a distance of 199.94 feet, thence along o 287.00 foot radius curve to
left a distance of 222 -27 feet, S0729'31% o distance of 34.46 feet, thence along 0
122.70 teat radius curve to the left a distance of 162.62 fed. 576 "E d distance of
21065 feet, thence along a 163.60 foot radius curve to the right a distance of 156.50
feet, $21'37'10 "E a ci of 203.34 feet, S27T13'42"E a distance of 65.11 feel, thence
Wong a 410.00 foot radius curvis, to the right o distance of 177.79 feel, S02I2'55% a
distance of 830.22 feet, thence along a 1020.00 feet radius curve to the rlghl a
distance of 302.48 feel, 514 "W a distalct of 87.12 feet. thence along a 47.DO foal
ro"t"s carve to the left a distance of 66.10 feet. 565'48'37 "E a distance of 278.00 feel.
thence Wang a 2000 toot radius curve to the left a distance 36.61 feet, 1403'24'571 a
distance of 196.23 feet, thence along a 23800 foot radium curve to the light a distance
of 50,99 feet, N15'41'31 "E o distance of 69.35 feet. N12'54'51'E a distance of 273.88
'eet. thence along a 1290.00 loot radius curve la the fight a distance of 285.80 feet to
I point an the Weat line of said Certificate of Survey 168, thence Mono said West line
503'38'21 "W o diisln of 170.07 feel fa the Paint of Beginning. Said eoseri being
4.334 Acres, along with and subject to any emisting easements.
NON EXCLUSIVE ACCESS AND UT61TY EASEMENT N0. 2:
Beginning at the Southeast corner of the above descrbed lease partial 'L", thence
503'51'08'w a dlslancc of 37.83 feet. N$60952 "W a distance of 27.25 feet, thence
among a non tangent 1250.00 foot radius curve to the left a distance of 16.92 feet (the
radial bearing lhereol being S62'43'15"E) 10 a pant on the North line Certificate of
Survey Number 1488, thence Wong the North fine of 604 CerlfRoole Of Survey
x'86'23 "w 0 distance of 43.30 feet, thence along a 1290.00 foot oars- tangent curve
to the right a attt0nre of 58.30 feet (the rodlM beerhi; thereof being 56414'40 to
a point on the South line of the said lease parcel "L', thence along the South lie of
said Mass pdrael "L", $86'08'49 "E a dbtaece of 5 het to the Point of Seghning.
Said easement being 3.046 aquae feet, along with and subject to any #001"1
ealements
CERTIFICATE OF SURVEYOR
I. MVchoN S. Loop, Registered Land Surveyor, der hereby certify that during May 2000. I
surveyed and platted the some 01 shown on the eccompaiyin0 Plot old as described in
accordance with the proviskins of the Montana Subdivision and Plotting Act. Section
76 -3 -101 through 76 -3 -625. M.C.A, and the 6auatin Counly Subdivision Rrigdlbt7dts.,
acted this 5111 any of May, 202c /I i o r Is
f MICHAEL S. t m
LAPP
Rc 9istrat R le s 11342 LS 1
r Al LAS
i
2345074 Page 5 of 5 1012212009 09:12:48 AM
EXHIBIT B
N
�n o w
S
I inch E 30 ft.
PARCEL L
I Go
I
I
NON EXCLUSIVE 6'I 39:E
ACCESS AND -.ae as.•• ouro
UPUTY EASEMENT t ■3,3Y >o rvc
N0. 3
/g
C.O.S. 1488
/£L£COt/fAUCA n&8
AvC.
q/
/w
FOUND
LEGAL DESCRIPTIONS
NON- EXCLUSIVE ACCESS AND UnUh• EASEWNT NO. S:
A 'On— exclusive O6Ce5s and utility easement situated on Cerlih6ale o1
Survey Number 1488 located in the SWIM Section 13 T2S, RX P.M.M.,
Ganatin County, Monlano. and being further described as lallows:
Beginninq of a point on the Weed line of said Certificate of Survey that
hears ND 3 36'2t "E a distance of 26.90 feet from the Southwest corner
of said Certificate of Survey, thence along the West tine of said
Certificate of Survey NO3'36 "E a distance of 120.02 feet thence eleny
v 1290.00 foot rodms non tangent curve to the right a disloate of 3.32
`set (the radial bearing thereof being S64'23'31'E) to o point on the
North time of sold Certificate of $urvey. thence along the North line of
said Certificote of Survey 58623'39 "E a distance of 43.30 teat thence
along o 1250.00 foot non tangent curve to the left a distonce of 130,97
reet (the roaial beormg thereof being 563'29'46 "E) to the Point of
deginninq, Said easement being 2,590 square feet, along with and
subject to any lasemenis.
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tun Cooper, Assistant City Attorney
Chris Kukulski, City Manager
SUBJECT: Consideration of a request by Global Tower Assets, LLC. for a non-
exclusive access and utility easement across land owned jointly by
Gallatin County and the City of Bozeman
MEETING DATE: September 14, 2009
BACKGROUND:
On April 9, 2009 Global Tower Assets, LLC received Conditional Use Permit (CUP) approval
from Gallatin County to construct a cell tower in the AR -80 sub district of the Bozeman Pass
Zoning District on property located at 1285 Beacon Hill Rd. The property is legally described as
the Southwest Quarter (SW1 /4) of Section Thirteen (S13), Township Tow South (T2S), Range
Seven East (R7E), P.M.M., Gallatin County, Montana.
As part of the CUP approval the applicant was required to receive final plat approval for a
subdivision by lease (Exhibit A). On June 16, 2009 Global Tower Assets, LLC made an
application for preliminary plat approval for a subdivision by lease to create a utility lot to
accommodate a cell tower. Upon element review §4.E.a.i.A of the County Subdivision
Regulations) staff discovered that "access to" the proposed subdivision would require "use of an
existing trail that crosses the City /County property," legally described as Parcel A of COS 1488
located in the Southwest Quarter (SWl /4) of Section Thirteen (S13), Township Two South
(T2S), Range Seven East (R7E), P.M.M., Gallatin County, Montana (Exhibit B, pages 1 -8).
On June 17, 2009 the applicant was informed an access easement to cross the County and City
owned property would be needed. The applicant contacted the County Attorney's office at the
recommendation of planning staff on June 18, 2009. Aon August 20, 2009 an agreed upon Non
Exclusive Access and Utility Easement was reached (Exhibit C). The applicant sought and
received the County Commission's approval of the agreed upon easement on September 1, 2009.
39