HomeMy WebLinkAbout398_3920_Easement PUBLIC ACCESS EASEMENT AGREAENT� ,.'�;.3r)2O
THIS AGREEMENT is made by and between Ed McCrone,whose address is P O Box 5075,
Bozeman, Montana 59715, hereafter referred to as the GRANTOR, and the City of Bozeman, a
municipal corporation of the State of Montana, with offices at 411 East Main Street, Bozeman,
Montana 59715, hereafter referred to as the GRANTEE
The GRANTOR owns certain real property in Gallatin County,Montana,which is more fully
described in Exhibit"A"attached to this Public Access Easement Agreement(and hereafter referred
to as the"real property"). Inconsideration for the sum of Ten Dollars(S I O 00),and other good and
valuable consideration, receipt of which is hereby acknowledged, the GRANTOR, Ed McCrone,
hereby grants unto the GRANTEE, the City of Bozeman, Montana, a perpetual public access
easement across the real property described in Exhibit"A"for the benefit of the GRANTEE and the
general public
It is agreed and understood by and between the parties hereto that the grant of the public
access easement by the GRANTOR to the GRANTEE is subject to the following terms and
conditions
1 The purpose of this public access easement is to allow the GRANTEE and the general public
the right to traverse and travel across any portion ofthe real property described in Exhibit"A"
so that the public may have uninterrupted and continuous passage on the Story Mill Trail
corridor which abuts the real property. Upon written notification by the GRANTOR to the
GRANTEE, the GRANTOR may elect to convert this public access easement into a trail
corridor and right-of-way access easement in which the right of public access to traverse and
travel across the real property is limited to a specific trail corridor designated by the
GRANTOR,with the easement for such trail corridor to be five feet(5')wide. In the event
that the GRANTOR converts the public access easement into a trail corridor and right-of-way
access easement,the GRANTOR and GRANTEE will file such documents as are necessary
with the Gallatin County Clerk and Recorder to formally alter the scope of the public access
easement and to specifically designate the location of the trail corridor and right-of-way
easement on the real property
2 In the event this public access easement is converted to a trail corridor and right-of-way
access easement, then the GRANTEE, or its agents, has the following rights and
responsibilities to lay out,mark,develop,construct or maintain a trail or footpath,to make
minor topographical changes to the real property for the necessity and convenience of
locating the trail,to post signs marking the trail,to enter upon the property for all reasonable
and necessary maintenance in connection with the trail, to manage vegetation through
selective planting or removal of trees or exotic nuisance plant species in order to maintain and
enhance the scenic, natural and ecological value of the trail corridor, and to control all
noxious weeds within the easement boundaries in accordance with the GRANTEE'S Adopt-a-
Park or Trail Program A copy of the GRANTEE'S Adopt-a-Park Program document is
attached hereto as Exhibit "B."
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HIM 198 PP[3921
3 This easement shall permit the general public, in perpetuity (subject to the conditions
described in paragraphs 4, 9 and 11 below),access over and across the real property(or, if
the easement is converted to a trail corridor and right-of-way access easement, over and
across any trail or footpath Iocated within the trail easement corridor);however,the general
public shall be limited to access by foot or other non-motorized means. Motor vehicles of any
kind shall be prohibited from using this easement,except for(1)propelled or battery-powered
wheelchairs,(2)vehicles used by GRANTOR; and(3)vehicles used by the GRANTEE for
construction or maintenance purposes
4 No fees may be charged by the GRANTOR for the use of this easement by the general public
The GRANTOR shall enjoy the limitations on legal liability involving recreational use of the
easement as provided for in Sections 70-I6-301 and 70-16-302,Montana Code Annotated
However, if the Montana legislature repeals these two sections without enacting similar
protections for landowners, or if the legislature amends these two sections to provide for
substantially less protection for landowners,then the GRANTOR,upon written notice to the
GRANTEE,may terminate this easement- In the event of termination,this easement shall be
extinguished and all real property rights therein shall revert to the GRANTOR
Notwithstandinathe limitations on liability described in this paragraph,the GRANTEE agrees
to indemnify and hold harmless GRANTOR from any loss, damage,injury or death arising
from any act or omission of GRANTEE, GRANTEE'S invitees, licensees, employees, or
agents,to the person or property of GRANTOR, and to the person or property of any other
individual,firm,partnership, corporation or other entity,including any governmental entity,
while using or traversing this public access easement
5 The GRANTOR represents that he owns the real property described in Exhibit "A" in fee
simple and that he has full legal authority to transfer this easement without lien or
encumbrance to the GRANTEE The GRANTEE may enforce any of the provisions of this
easement by appropriate action in law or equity.
6 The GRANTEE hereby agrees and acknowledges that the GRANTOR retains a right-of-way
in perpetuity to cross over and through the public access (or trail corridor) easement
described above for the purposes of ingress,egress, the construction of a roadway and the
placement of underground utilities, or for any other purpose that does not interfere with the
GRANTEE'S and the general public's use and enjoyment of the easement.
7 In the event this public access easement is converted to a trail corridor and right-of-way
access easement, then the GRANTEE agrees and acknowledges that the GRANTOR also
retains the right in perpetuity to further relocate(but not terminate,except in accordance with
paragraphs 4,9 and 11)the trail corridor and right-of-way access easement in order to aid in
the development of GRANTOR'S lands over which the easement crosses. GRANTOR shall
give reasonable notice to GRANTEE of his intention to relocate the easement In the event
the trail corridor and right-of-way access easement is relocated, the GRANTEE shall enjoy
the same rights concerning the relocated easement as described in paragraph 2 above; in
addition,the GRANTOR and GRANTEE will file such documents as are necessary with the
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FRM 198�ArE3922
Gallatin County Clerk and Recorder to specifically designate the location of the trail corridor
and right-of-way access easement on the real property
8. 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
9 In the event that this public access easement is converted into a trail corridor and right-of-way
access easement,the GRANTEE agrees and acknowledges that the GRANTOR'S grant of
a trail corridor and right-of-way access easement is conditional on the GRANTEE'S(through
the Bozeman City Commission) acceptance of the property included in this easement as
dedicated park land and/or open space in proportionate satisfaction ofpark and/or open space
requirements that the GRANTEE may impose as part of any plat approvals or other land use
permits that the GRANTEE may issue in connection with GRANTOR'S future development
of his real property described in Exhibit"A" In the event that the GRANTEE does not allow
the GRANTOR to use the trail corridor and right-of-way access easement as a proportionate
satisfaction of any and all park and/or open space dedication requirements that GRANTEE
may require as part of any plat approvals or other land use permits that GRANTEE may issue
in connection with GRANTOR'S future development of his real property described in Exhibit
then the grant of this easement shall terminate immediately and all of GRANTEES
interest in said easement shall be extinguished and all rights therein previously enjoyed by
GRANTEE under this Agreement shall revert to GRANTOR.
10 The GRANTOR is granting a public access easement to the GRANTEE that is limited to the
express terms and purposes set forth in this Agreement The easement granted herein shall
not be used for vehicular roads,utilities or other purposes except those expressly stated in this
Agreement.
11. If this easement is not maintained for a period of three (3) continuous years by the
GRANTEE or its agents in substantial compliance with the trail maintenance goals of the
Gallatin Valley Land Trust's Adopt-a-Trail Program(a copy of which is attached hereto as
Exhibit"C"),then the GRANTOR,upon written notice to the GRANTEE,may terminate this
easement In the event of termination, this easement shall be extinguished and all real
property rights therein shall revert to the GRANTOR.
Dated this day of 1998
G OR
E-P6
ED McCR0NE
3
STATE OF MONTANA )
55.
COUNTY OF GALLATIN 38 PpF3923
This instrument was acknowledged before me on 1998 by Ed
McCrone./
(SAL)'. /Notary Public for the State of Montana
Residing
My commissioeexptres_/ -5>
ACCEPTED this 15th day of March 1999'4qw
GRANTEE
--- CITY MANAGER
ATTEST
n o�
Robin L Sullivan
Clerk of Commission
STATE OF MONTANA }
ss
COUNTY OF GALLATIN )
15- y
Thi imtrument was acknowledged before me on ! a
as the City Manager of the City of Bozeman
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EXHIBIT "B"
CITY OF BOZEMAN, MONTANA
Parks Department V9-S f 3.926
Adopt-A-Park or Trail Program
Adoption Agreement: Terms and Conditions
The City of Bozeman, hereinafter called the "City", and
hereinafter called the "Group", recognizing the need and the desirability of well
maintained, litter-free parks and trails, are entering into this Agreement to permit the
Group to contribute toward the effort of preserving well maintained, litter-free parks
and trails.
By signature below, and in consideration of permission to participate in this program,
the Group acknowledges the hazardous nature of the work and is agreeable to the
following terms and conditions:
1. The Group agrees to indemnify and hold harmless the City of Bozeman and its
employees from any and all liability,judgments, costs, expenses and claims of
any nature whatsoever to any person or property arising out of the performance
or nonperformance of their work.
2. Participants in the Group agree to obey and abide by all laws and regulations
relating to safety as required in the City Park Regulations and the terms of this
agreement.
3. The Group shall appoint or select a leader to serve as spokesperson for the
Group.
4. When participants are 15 years of age or younger,the Group shall furnish adult
supervision equal to one adult per each ten participants.
5. The Group shall be required to adopt for a minimum period of two years.
6. The Group may not subcontract or assign its duties or responsibilities to any
other group, organization or enterprise.
7. The Group shall pick up litter and maintain facilities a minimum of two times a
year including the annual spring cleanup day, and a second cleanup during or
at the end of high use season.
B. If possible,the City Parks Department will arrange for the County Weed Control
agent to meet the Adopt-A-Park or Trail group for a brief weed education
session prior to clean-up. Volunteers are asked to participate in weed control
r'
EXHIBIT "B"
Ff[H 198,'APH-3927
efforts along trails by chopping weeds in the trail right-of-way with shovels and
hoes. Noxious weeds should be identified so that they can be pulled and
bagged separately for proper disposal prior to chopping and tossing of plant
material. Appropriate weed removal procedures for Parks will be specifically
described.
9. Adopt-A-Trail volunteers are also asked to eliminate any trail ruts by raking.
Volunteers are asked to trim encroaching branches using the edge of the trail
as a guideline.
10. No rebuilding or change in the park or trail can be conducted without prior
consultation and approval from the City Parks Department. Such projects
might include sign or bench repair, erosion control through culverts or water
bars or rerouting. Any projects involving rebuilding or restoration of facilities
are not viewed as normal Adopt-A-Park or Trail responsibilities, and can be
pursued only with prior consultation and approval.
11 . Each Group shall be responsible for maintaining a first-aid kit and adequate
drinking water while working on the adopted area,
12. Each Group or Group leader will be responsible for prohibiting participants from
either possessing or consuming drugs or alcoholic beverages during the trash
pickup or other maintenance/beautification work. Each Group shall review and
sign individually the hold harmless agreement provided on the back of the
cleanup report.
13. The activities shall be limited to maintenance, weed removal, and cleanup of
existing improvements, unless otherwise agreed upon by the parties involved
and covered under the agreement.
14. The Group leader will submit a brief report to the Park Superintendent after
each cleanup activity on the form provided.
15. No person shall be denied the opportunity to participate in this program because
of their race, color, religion, creed, sex, age, marital status, national origin,
political ideas or disability.
16. Additional terms and conditions of this agreement:
EXHIBIT "B"
FILM 198 PACE3928
Application for Participation in Adopt-A-Park or Trail
Name of Organization Name of Adopt-A-Park or Trail leader
President, Chairman, etc. Mailing address
Mailing address City, State, Zip
City, State, Zip Day phone Evening phone
Approximate number of people participating in each cleanup or work activity:
Park or trail you are interested in adopting:
Park: Trail:
Authorized Signature Date
Mail this form to: Park Superintendent
P.O. Box 640
Bozeman, MT 59771
(406) 582-3200
The Parks Department recognizes the Group as the adopting organization for
and the Group accepts the responsibility of park or trail
maintenance, weed control and pickup of litter in this area, beginning
, 19— and ending 19_
Park Superintendent Date
EXHIBIT "B"
The City agrees to accomplish the following: HIM 08 W[3929
1 • Work with the Group to determine the specific section of public property or
right-of-way to be adopted.
2. Erect a sign at each end of adopted trails in accordance with City regulations.
3. Provide trash bags for the Group.
4. Remove the filled trash bags following the pickup,with notification given by the
Group to the Parks Department identifying the location of such refuse bags.
If, in the sole judgment of the City, it is found that the adopting group is not meeting
the terms and conditions of this Agreement, upon thirty (30) days' notice, the City
may terminate the adoption agreement and remove the signs. This Agreement may
be modified in scope or altered in any other manner at the sole discretion of the City.
The City reserves the right to modify or cancel the program at any time, and for any
reason, at the sole discretion of the City.
EXHIBIT "B"
FIB H 08111[3930
In consideration of permission to participate in the Adopt-A-Park or Trail Program,the
undersigned agree to indemnify and hold harmless the City of Bozeman, its officers,
agents,and employees,against and from any and all actions,suits,judgments,claims,
demands, costs, expenses (including attorney's fees) and liabilities of any character
whatsoever, brought or asserted for injuries to, or death of any person or persons or
damages to property arising out of, resulting from,or occurring in connection with this
Adopt-A-Park or Trail program.
{Note; If participant is under the age of 18, parent or guardian must sign.)
Exhibit C
FP 198,'141Ar1393i
Gallatin Valley Land Trust's Adopt-A-Trail Maintenance Goals
Background On The Adopt-A-Trail Program
Twelve GVLT Adopt-A-Trail groups are presently maintaining public trails around the
Bozeman area. Each group commits to the maintenance program for a minimum
period of 2 years.Trail maintenance activities are coordinated with city and county
governments by GVLT's Adopt-A-Trail coordinator. A noxious weed identification and
control workshop is presented yearly to group leaders. Safety will be stressed in the
performance of all trail maintenance duties.
Maintenance Goals
1. Pick up trash and litter a minimum of two times each year. The recommended times
are spring and fall.
2. Maintain an adequate trail tread by leveling the trail surface and eliminating ruts or
uneven surfaces which could pose a safety hazard.
3. Improve drainage and add trail surface materials in those sections of the trail which
are in need of repair. The Adopt-A-Trail coordinator should be consulted before these
trail rebuilding activities are initiated.
4. Mow or weed whip tall grass or herbacious vegetation along the shoulders of the
trail which could present a safety hazard or encroach on the trail surface.
5. Trim all branches, and prune shrubs, or trees along the edge of the trail which could
present a hazard or obstacle to safe travel for modes of transport appropriate for the
trail segment being maintained; i.e., foot, bike, or horse.
6. Control noxious weed growth in the trail right-of-way by mowing, pulling, digging, or
cutting of the plants. Viable seed heads of noxious plants should be bagged and
removed from the site if feasible. The City Parks Department in conjunction with the
County Weed Control Agent can offer advice on the best method of weed control to
employ on a case by case basis.
7. Repair, replace, or maintain trail related signs, benches, bridges, and other trail
facilities. These projects can only be pursued with prior consultation and approval from
GVLT's Adopt-A-Trail coordinator and a representative from the government agency or
private property owner holding the corresponding trail access agreement.
8. Potential or existing safety hazards or the need for extensive trail repairs shoul
reported to the GVLT Adopt-A-Trail coordinator as quickly as possible.
392019 ME3
State of Mont., County of Gallatin. ss Filed for record MAY 219 __ __ , 19_u—
at 7:14 1!-M., and recorded in Book 198 of MISCELLANEOUS page 392
y rm.-I'm
v4xrm.-I'm Recorder. By _ Deputy
FEE: $72.00
RT: CITY OF BOZEMAN