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Home My WebLink AboutE7 Public Utility Easement - REA oFB0 THE CITY OF BOZEMAN V ; x 20 E. OLIVE • P 0. BOX 1230 * * BOZEMAN, MONTANA 5977 1-1 230 7r�9 88 ENGINEERING DEPARTMENT �rA CO. O f PHONE: (406) 582-2280 • FAX: (406) 582-2263 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Ileaston, Project Engineer Chris Kukulski, City Manager SUBJECT: Public Utility Easement—REA Development MEETING DATE: September 18, 2006 BACKGROUND: Attached is a copy (original to Brit Fontenot) of a partially executed Water Pipeline and Access Easement and Agreement between Thornton Gateway Partnership III/KLC Partners, LLC (REA Development) and the City. The easement is necessary to locate an existing 8" hydrant lead pipe within an easement where there currently is none. The subject property is a commercial retail development situated on Lot 3, Home Depot Minor Subdivision No. 319. Engineering staff has reviewed the easement and found it acceptable. RECOMMENDATION: That the City Commission make a motion to authorize City Manager to sign. FISCAL EFFECTS: N/A ALTERNATIVES: None recommended. Respectfully submitte Brian Hea o , Project Engineer Chris A. Kukulski, City Manager Attachments: Public Access Easement Report compiled on September 5, 2006 cc: Project File HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK p _-_- SEF i:) 1. 1.006i DPW,MEN i Of PI ANNING !1ND C0N"INAUNITY[)FVFI.CPMEN1 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT LOT 3 OF MINOR SUBDIVISION No. 319 Jeff Obcrg, of Thornton Gateway Partnership III, L.L.0 and KLC Partners, L.L.C., the GRANTOR(S), in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59715, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water in, through, and across a strip of land situated in Gallatin County, Montana, twenty(20) feet wide to be located on the following described real property: Lot 3 of the Final Plat of Home Depot Minor Subdivision No. 319, located in the East Half of Section 2; Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit "A" which by this reference are 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 land 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 grading into and on the land adjacent to that which is subject to this easement to the extent GRANTEE may find reasonably necessary; and (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. TFIE GRANTEE AGREES: (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said 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) 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. (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, administrators, personal representatives, successors and assigns of the parties hereto. DATED this day of , 2 GRANTOR CORPORATE STATE OF COLORADO ) 00-a e-tr ) ss. County of Afapahee ) On this 30th day of August, 2006, before me the undersigned, a Notary Public for the State of Colorado,personally appeared, Jeff Oberk,, known to me to be the Manager of Thornton Gateway_ Partnership III, L.L.C. and KLC Partners, L.L.C. 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 Thornton Gateway Partnership III, L.L.C. and KLC Partners, L.L.C.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. REN ELNICK NOTARY PUBLIC STATE OF COLORADO My Commission Expires June 19,2007 3 Notary Public for the State of Colorado Residing in Colorado My Commission Expires 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 seal on the day and year first above written. (SEAL) Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires: EXHIBIT "A" C4 � LOT 3 A=46.06'33" R=88.00' � - L=70.82' 1 1� •a —————————————— ———————————— — ——— Y ......:/. N.08-54'39"W. 1 20' WATER 22.49' EASEMENT - — - - - — i�et — - — - - -12"W --—--—----111 — �—--- ��%#4k a Ui 49' L P.O.B. Z e.. . �� WATERLINE EASEMENT DESCRIPTION A 20.00 foot wide Easement for Waterline purposes across Lot 3 of the F