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HomeMy WebLinkAboutJ & D Easements.pdf Qg BOZ' G� a Commission Memorandum Co. REPORT TO: Honorable Mayor and City Commission FROM: Dave Skelton, Senior Planner Tim McHarg, Director of Planning and Community Development Chris Kukulski, City Manager SUBJECT: J &D Family Major Subdivision, Phase 1 Utility and Public Access Easements MEETING DATE: November 15, 2010 AGENDA MEETING ITEM: Consent Agenda Item RECOMMENDATION: That the City Commission authorizes the City Manager to sign the applicable easements associated with the filing of the final plat for J & D Family Major Subdivision, Phase 1. BACKGROUND: Attached are copies (original to Stacy Ulmen) of partially executed easements for temporary and permanent drainage easements, public street easement and pedestrian access easement for the above referenced project. These are necessary to accommodate storm water drainage, public street access and public trail improvements on the site for the final plat of J & D Family Major Subdivision, Phase 1. Bob Murray of the City Engineering's Office has reviewed the documents and found them to be acceptable. UNRESOLVED ISSUES: None determined at this time. FISCAL EFFECTS: N/A ALTERNATIVES: None Attachments: Copies of Easement Documents Final Plat, Two Pages Report compiled on October 22, 2010 TEMPORARY DRAINAGE EASEMENT J&D Family Limited Partnership,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 a municipal corporation of the State of Montana,with offices at 411 East Main, Bozeman Montana 59715, GRANTEE,its successors and assigns,an temporary easement for public drainage purposes,in,through and across the following described real property situated in Gallatin County,Montana,more particularly described as follows and on the attached Exhibit "L"and Exhibit"M": The GRANTOR warrants that it is lawfully seized and possessed of the real property described above,that it has lawful right to convey the property,or any part of it,and that it will forever defend the title of the property against the claims of all persons. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. Both the GRANTOR and GRANTEE agree that if and when the piping of the Baxter Ditch in the Northeast comer of the NE1A of SE1/4,Section 9,T2S,R5E,PMM is in place and approved,this temporary drainage easement is officially terminated. The terms,covenants and provisions of the easement and agreement shall extend to and be binding upon the heirs,executors,administrators, personal representatives,successors and assigns of the parties hereto. i DATED this •5 day of 2010. J&D Family Limited Partpership By: Jos h .Bil ion Title: eneral Partner of J&D Family Limited Partnership STATE OF MONTANA ) :ss County of GALLATIN ) On this S day of"4-6,2010,before me the undersigned,a notary public for the State of Montana, personally appeared JOSEPH C. BILLION known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he is a General Partner of J & D Family Limited Partnership and executed the same on behalf of the Partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notary seal the day and year first above tten. Not ubl of t e'ofM�i�hJnto PublIc Prin N ` ti T�ot�Ru4 _tor th©Stato of Montana Residing ; + :+ Reeldfng at: di My Commis iti�E�x F nmTrnme.,lnn Fin e� °".1111, Fatxum 03.2014 ACCEPTED: CITY OF BOZEMAN by its _ ATTEST: Clerk of the City Commission STATE OF MONTANA ) )ss. County of Gallatin ) On this day of ,2010,before me,a Notary Public for the State of Montana,personally appeared and , known to me to be the City Manager and Clerk of the City Commission 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 Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at Bozeman,Montana My Commission Expires: / /2 EXHIBIT "L" TEMPORARY STORM POND EASEMENTS LOCATED IN THE NE1/4SE1/4 IN SECTION 9, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA WEST BABCOCK STREET 9 10 EAST Y4 CORNER SECTION 9, T2S, R5E 6 o5�a FOUND 2" BRASS CAP IN MONUMENT BOX w I 87.43' '0) P 0 B TEMPORARY STORM POND EASEMENT "A" �I a7 43_ O I 0.27 ACRES N 89.39'23W o BLOCK 1 O FUTURE LOT 3 1� O 4.89 A o Z 61 ZONING v N I TEMPORARY `� o I STORM POND I EASEMENT "B" I 0.35 ACRES________ P 0 B S 89'39'23" E 41 r 184.36' 3 I �I MIS s I °° I's z l- 184.36' _`_j I N 89.3723" W > PHASE 1 BLOCK 1 LOT 1 I J&D FAMILY MAJOR SUBDIVISION ale■ww M+a YO+O[Yr t-Ou BOZEMAN MONTANA o,c mrni+o +ux�sane EASEMENremety I FIG#L EXHIBIT "M" LEGAL DESCRIPTION Temporary Storm Pond Easements located in NE1/4SE1/4 in Section 9, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. Commencing at the east 1/4 corner in Section 9, Thence South 54'05'36" West a distance of 75.88 feet to the True Point of Beginning. Thence South 01'50'19" West a distance of 133.55 feet; Thence North 89'39'23" West a distance of 87.43 feet; Thence North 01'50'19" East a distance of 133.55 feet; Thence South 89'39'23" East a distance of 87.43 feet to the True Point of Beginning. INCLUDING Commencing at the east 1/4 corner in Section 9, Thence South 14'44'01" West c distance of 381.23 feet to the True Point of Beginning. Thence South 01*50'19" West a distance of 83.63 feet; Thence North 89'39'23" West a distance of 184.36 feet; Thence North 01'50'19" East c distance of 83.63 feet; Thence South 89'39'23" East a distance of 184.36 feet to the True Point of Beginning. Said easements contains 0.62 Acres f and is subject to all easements of record or apparent on the ground. J$D FAMILY MAJOR SUBDIVISION tp WwMIA MMMM W.Aye/Vw BC 2EMAN MONTANA WE 09/27/10 6 w `— , FIG#M suit:arts .— Ll 'i,+�I fASEMENF EXFABIT DRAINAGE EASEMENT J&D Family Limited Partnership,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,a municipal corporation of the State of Montana,with offices at 411 East Main, Bozeman Montana 59715, GRANTEE,its successors and assigns,an easement for public drainage purposes,in,through and across the following described real property situated in Gallatin County,Montana,more particularly described as follows and on the attached Exhibit "G"and Exhibit"H": The GRANTOR warrants that it is lawfully seized and possessed of the real property described above,that it has lawful right to convey the property,or any part of it,and that it will forever defend the title of the property against the claims of all persons. The GRANTOR further agrees that 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 the 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 '6—day of GeTi�4 2010. J&D amily Limited Partnership By: , Joe C. Ilion Title.General Partner of J&D Family Limited Partnership STATE OF MONTANA ) :ss County of GALLATIN ) On this J day of 2010,before me the undersigned,a notary public for the State of Montana, personally appeared JOSEPH C. BILLION known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he is a General Partner of J & D Family Limited Partnership and executed the same on behalf of the Partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notary sea]the day and year first above writte " eg Lintcn Not Pu c for a Notary Public Painted _ :,txo '• 5 r tha State of Montano _._ �ltllnp at: Residing In: My Commission Ex ?irk ACCEPTED: CITY OF BOZEMAN by its ATTEST: Clerk of the City Commission STATE OF MONTANA ) )ss. County of Gallatin ) On this day of 2010,before me,a Notary Public for the State of Montana,personally appeared and known to me to be the City Manager and Clerk of the City Commission 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 Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at Bozeman,Montana My Commission Expires: / /2 F.'DocumentsV--gal Forms-WordlEasements-WardlDrainage easement.doc EXHIBIT 9 9G A 50 FOOT DRAINAGE EASEMENT LOCATED IN THE NE1/4SE1/4 IN SECTION 9, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA CENTER EAST 1 16 CORNER FOUND ORRISON—MAIERLE—YPZ— WEST BABCOCK STREET I 6g. S3S?3¢, OPEN SPACE LOT B 89'39'23" E { 50.01' P � irl h NIM N N(� MIS Li (1 50' DRAINAGE a �Z EASEMENT >I { V 0.36 ACRES o~ p. / Q � N r c'v f /2 / 3.41' N B9'39 23 W OPEN SPACE BLOCK 2 LOT A LOT 4 I J$D FAMILY MAJOR SUBDIVISION Ap.T�A=cm=yr,KV-p_[ri0 BOZEMAN MONTANA DATE D2/1e/10 Izz-`-an M �`"`, EAM ENT ewiHit FIG#G EXHIBIT "H" LEGAL DESCRIPTION A 50 foot Drainage Easement located in NE1/4SE1/4 in Section 9, T2S, R5E, P.M.M., City of Bozeman. Gallatin County, Montana. Commencing at the center east 1/16 corner in Section 9, Thence South 69'52'34" East a distance of 537.22 feet, to a point on the south lot line of Open Space Lot B, said point being the True Point of Beginning. Thence along said lot line South 89'39'23" East a distance of 50.01 feet; Thence leaving said lot line South 01'30'27" West a distance of 133.36 feet; Thence South 20*56*29" West a distance of 179.33 feet, intersecting with the north lot line of Open Space Lot A; Thence along said lot line North 89'39'23" West a distance of 53.41 feet; Thence leaving said lot line North 20'56'29" East a distance of 189.56 feet; Thence North 01'30'27" East a distance of 123.78 feet to the True Point of Beginning. Said easement contains 0.36 Acres t and is subject to all easements of record or apparent on the ground. J 8 D FAMILY MAJOR SUBDIVISION am MUW=K as-M-Am e02 — MONTAM °"W,°°"•"' �s EASEMENTEMBIT FIG#H DRAINAGE EASEMENT J&D Family Limited Partnership,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,a municipal corporation of the State of Montana,with offices at 411 East Main, Bozeman Montana 59715, GRANTEE,its successors and assigns,an easement for public drainage purposes,in,through and across the following described real property situated in Gallatin County,Montana,more particularly described as follows and on the attached Exhibit"J" and Exhibit"K": The GRANTOR warrants that it is lawfully seized and possessed of the real property described above,that it has lawful right to convey the property,or any part of it,and that it will forever defend the title of the property against the claims of all persons. The GRANTOR further agrees that 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 the 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 day of 1/k )2010. J&D Family Limited Partnership By Joseph .Billion Tit]e:1"e-eral Partner of J&D Family Limited Partnership STATE OF MONTANA ) :ss County of GALLATIN ) On this day of v ��,,2010,before me the undersigned,a notary public for the State of Montana, personally appeared JOSEPH C. BILLION known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he is a General Partner of J & D Family Limited Partnership and executed the same on behalf of the Partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notary seal the day and year first above written. r '' Greg LInton Notary Public fo h St r tho 8tgta o Morttana Printed Name- :*a AaWdinpat: ResidingIn: ' • . � . ...• 'Mbhtena 'M,i•t1an My Commission Expir ixup�y a3,; ACCEPTED: CITY OF BOZEMAN by its-- _ —� ATTEST: Clerk of the City Commission STATE OF MONTANA ) )ss. County of Gallatin ) On this day of 2010,before me,a Notary Public for the State of Montana,personally appeared and , known to me to be the City Manager and Clerk of the City Commission 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 Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at Bozeman,Montana My Commission Expires: / /2 F.IDocumentslLegalForms-WorMasemenrs-WardlDrainageeasement doc EXHIBIT "K" LEGAL DESCRIPTION A Drainage Easement located in NE1/4SE1/4 in Section 9, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. Commencing of the east 1/4 corner in Section 9, Thence South 20'16'27" West o distance of 189.73 feet to the True Point of Beginning. Thence South 01'50'19" West o distance of 304.60 feet; Thence North 89'39'23" West a distance of 25,01 feet; Thence North D1'50'19" East a distance of 304.60 feet; Thence North 89'39'23" West o distance of 25.01 feet to the True Point of Beginning. Said easement contains 0.17 Acres * and is subject to all easements of record or apparent on the ground. J&D FAMILY MAJOR SUBDIVISION am juw ap wad M<p,w Mw BOZEMAN MONTANA wsa/27/10 iwsExsann EASEMENTEMBR FIG#K SC AL wS SFAVK6,ILC� PUBLIC STREET EASEMENT J&D Family Limited Partnership,GRANTOR,in consideration of$ 1.00 and for other and valuable considerations,receipt of which is 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,its successors and assigns,a perpetual street and utility easement for the use of the public,in,through,and across a strip of land situated in Gallatin County, Montana,Sixty feet(60)wide to be located on the following described real property: NE'/<of the SE'/,of Section 9,T2S,RSE,PMM,Gallatin County Montana The easement is more particularly described on the attached Exbibit(s)"C"and"D" which by this reference is made a part hereof. The GRANTOR states that he possesses the real property described above and that he has a lawful right to grant an easement thereon. The GRANTOR further agrees that 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 shall extend to and be binding upon the heirs,executors,administrators,personal representatives,successors,and assigns of the parties hereto. DA D day of 7 2010, STATE OF MONTANA ) ):ss County of Gallatin ) On this S day of 1,Cts >%( ,2010,before me the undersigned,a Notary Public for the State of Montana,personally appeared known to me to be of and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of IN WITNESS WHEREOF,I havc hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) c uNT 4. Greg Linton Notary Pubtla Notary Public r the to T""uc'. !for the state or Montana '_' SEAL• *` Solg esidj Montana (Printed Name) of wio MY Conmiseion F Orea: Residing at February 03,2014 My Commission expires / /20_ ACCEPTED: CITY OF BOZEMAN by its_ ATTEST: Clerk of the City Commission STATE OF MONTANA ) )ss. County of Gallatin ) On this day of _ ,2_,before me,a Notary Public for the State of Montana,personally appeared _ _and known to me to be the City Manager and Clerk of the City Commission 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 Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at Bozeman,Montana My Commission Expires: / /2 EXHIBIT V V c P A 60' INGRESS-EGRESS PUBLIC ACCESS & UTILITY EASEMENT LOCATED IN THE NE1/4SE1/4 IN SECTION 9, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA 1 45' WEST BABCOCK STREET 9 10 EAST X CORNER SECTION 9, T2S, R5E 45' N 89'39'23` W S 05,4501. w FOUND 2" BRASS CAP 30.01 3o.a1 �°'25 IN MONUMENT BOX I F POB I AUTOMOTIVE AVE. j 60' INGRESS & EGRESS PUBLIC n ACCESS & UTILITY EASEMENT oa 0.60 A I I I o n § 0 I Z '++ b o PHASE 3 H I y PRELIMINARY PLAT 0 LOT 5 0 PRELIMINARY PLAT TRACT R--1 R4 I I B1 ZONING ZONING I I 1 I I I I 30.01' 30,01' PHASE 2 N 89'39'23`W PHASE 1 BLOCK 2 BLOCK 1 LOT 4 3 LOT 1 132 > B2 ZONING ; ZONING � Q I O O r- O Q J$DFAMILY MAJOR SUBDIVISION e�save✓ ,_� BOZr MAN MONTANA OATC•w/30/10 ���CAt EASEMENT EXY4WT FIG*C EXHIBIT '"D" LEGAL DESCRIPTION A 60 foot Ingress—Egress Public Access & UtAity Easement located in NE1/4SE1/4 in Section 9, T25, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. Said easement being a 60.00 foot wide strip, lying 30.00 feet on both sides of the following described centerline. Commencing of the east 1/4 corner in Section 9, Thence South 85'45'01" West a distance of 560.25 feet, said point being the True Point of Beginning. Thence South 01'50'19" West a distance of 438.15 feet; Said Easement contains 0.60 Acres * and is subject to all easements of record or apparent on the ground. J$D FAMILY MAJOR SUDNISION ONTANA am&wsia►!wR W.IaFM-n1C BQiEMAN M7�-+�f1� OA7C•00/30/10 NANSW3 CAM i ' EASEMENT E)"EUT F1Vff1J SCAM MS simw 3.11GI �] PEDESTRIAN ACCESS EASEMENT This Easement agreement,made this day of September,2010,by and between J&D Family Limited Partnership,hereinafter called"Grantor"and the City of Bozeman,a municipal corporation,hereinafter called"City". RECITALS WHEREAS,the Grantor is the owner of- The J&D Family Major Subdivision and situated on the following described real property: The NE'/of the SE'/of Section 9,T02S,R05E,P_M.M.,Gallatin County,Montana (hereinafter called "Subject Property"); WHEREAS,the Grantor is in the process of constructing and/or developing the above described property; WHEREAS,the Public retains a right-of-way on both Cottonwood Road and Automotive Avenue; WHEREAS,a condition upon Final Plat for the J&D Family Limited Subdivision requires the granting of subject easement. AND WHEREAS,the Grantor has agreed to grant to the City the subject easement being 30 feet wide being more particularly described on Exhibit"E"and Exhibit"F". NOW,THEREFORE,the Grantor,for and in consideration of the facts above recited and of the obligations herein contained,does hereby grant and convey unto the City and its assigns an irrevocable and perpetual easement in,to,over and upon the easement and the land appurtenant thereto for pedestrian ingress and egress and the Grantor and City agree as follows: 1. The easement herein created includes the right to use the property for a trail and such land appurtenant thereto which is necessary or convenient for the exercise of this easement. 2. The Grantor agrees to construct and maintain the sidewalk at its own expense in accordance with the relevant City Ordinances,including,but not limited to,snow removal and all major and minor repair work 3. The Grantor further agrees to allow the City to make any and all inspections of the sidewalk and land appurtenant thereto as the City reasonably deems necessary. 4. This easement shall run with the land and be fully transferable and assignable in connection with the sale or other transfer of real property as an appurtenance thereto and shall be binding upon the heirs,successors and assigns of the Grantor and the City. IN WITNESS WHEREOF,the parties hereto have executed this easement. DA this day of 2010. GOV r STATE 4 ONTANA ) ):ss County of Gallatin ) -� I On this � G C day of Z�i 12010,before me the undersigned,a Notary Public for the State of Montana,personally appeared known to me to be of and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. w„ Greg Linton LiNT`"r, NotaryPubpc(SEAL > ��o. eyv, :NOY�arq�. for the Stato of Montana * Rmiding at: ;. '£ 6efgrado,Montana SEAL: �iFcx µ0fi1 My oommi 03n ru treat va Febary Notary Public for the State of Montana (Printed Name) Residing at My Commission expires / /20_ ACCEPTED: CITY OF BOZEMAN by its ATTEST: Clerk of the City Commission STATE OF MONTANA ) ):ss COUNTY of GALLATIN ) On this day of 2010,before me, the undersigned, a Notary Public for the State of Montana, personally appeared and , known to me to be the City Manager and Clerk of the Commission, 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. (SEAL) Notary Public for State of Montana (Printed Name) Residing at Bozeman,Montana My Commission Expires: / /20_ EXHIBIT 711 LEGAL DESCRIPTION A 30 foot Public Trail Access Easement located in NE1/4SE1/4 in Section 9, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. Commencing at the east 1/4 corner in Section 9, Thence South 08'53'48" West a distance of 488.03 feet, said point being the True Point of Beginning. Thence North 89'39'23" West a distance of 757.00 feet; Thence North 00'20'37" East a distance of 30.00 feet; Thence South 89'39'23" East a distance of 757,78 feet; Thence South 01'50'19" West a distance of 30.01 feet to the True Point of Beginning. Said easement contains 0.52 Acres t and is subject to all easements of record or apparent on the ground. J$D FAMILY MAJOR SUDNISION BOZEMAN MONTANA bAM'COM/lc EASEMENTEMINT FIG#F WALL Ms d1 ;i