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Home My WebLink About05- Anderson, Emil; Parcel 1, W. Durston Rd - Temp Access Easement Sh.ll.V Vano.-Gallatln Co MT MIse 66.00 'i~'.'_.' ,...=__.._--.- f~rr~D~_ i. / ,. 1111111111111111111111111111111111111111111111111111111 ~~~~~r:~~p TEMPORARY ACCESS EASEMENT AND AGREEMENT WHEREAS, the City of Bozeman, hereinafter City, is planning to construct improvements in and along West Durston Road; and WHEREAS, the City entered into an agreement with Emil Anderson, hereinafter Grantor, to purchase a temporary interest in the property along West Durston Road in order to allow it access to the property during construction of improvements; and WHEREAS, the City, by and through its Consulting Engineer, Morrison-Maierle, Inc" has entered into an agreement with the Grantor, attached hereto as Attachment "A" for certain improvements to be made to the Grantor's property as part of construction of improvements in and along West Durston Road; and WHEREAS, this agreement also allows the City to enter the Grantor's property in order to repair or replace any portions of the Grantor's property damaged during the construction; and WHEREAS, the parties recognize that a temporary easement is necessary for City to preserve its right to access the property until construction is fully completed in order to meet its obligations under the construction agreement. NOW THEREFORE, Emil Anderson, owner of the property also known as Parcell along West Durston Road, Bozeman, Montana, 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, hereinafter City, a municipal corporation ofthe State of Montana, 411 East Main, Bozeman, MT 59715, any successors and assigns, a temporary access easement in order to allow access to the Grantor's property to make certain repairs or improvements to West Durston Road, including widening the road and constructing a bike lane, construct sidewalks adjacent to West Durston and make certain repairs or improvements to the property occurring during the construction of said improvements to West Durston Road as set forth in a separate construction agreement. The temporary easement shall be a rectangular shaped piece of property not more than 25 feet wide and 162.5 feet long, West Durston Road Improvement Project, City of Bozeman, Gallatin County, Montana and more particularly shown in Exhibit "A" attached hereto and incorporated herein by reference. Said easement is temporary and shall cease automatically upon the completion of all improvements to West Durston Road. Further, the City agrees to file all documentation necessary to terminate said easement upon the completion of the improvements to West Durston Road. IIIIIIIIIIIIIIIIIII~IIII~ 111m IIIIIIIIIIII~ 11111111 ~~.~~?~~, Sh.llev Vano.-Gallat1n Co MT MISC 66.00 THE GRANTOR AGREES: (1) At no time, during the life ofthis temporary easement, will the Grantor build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of GRANTEE. (2) The GRANTOR warrant that he/she is lawfully seized and possessed of the real property described above, that he/she has a lawful right to convey the property, or any part of it, and that he/she will defend the title to this property against the claims of all persons. (3) During the life of this temporary easement, 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 and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this 'I day of _1/;/) ~$Al1~V , 2 D"s-. I GRANTOR: ~~1 f~~ STATE OF MONTANA ) ) ss. County of Gallatin ) On this L day of ~ti.~J1~ ,2005 before me the undersigned, a Notary Public for the State of Montana, personally appeared Emil Anderson known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written, ~ ..).). .' ~-;j" "",I : "to, ~ ~ ,~ " ~ ~ """.'.. ", . :,... r~"~ '~. "--;., '\ ." . ".:- ' -1 .~.., ,. ;.;..."""'{~ .- .,' '.....' (..:; -- - : ~ > r;> :::.:; t. ; ....... .L l""'4 "'"' ". .^ ......j. .".., ,..",.."''1/.. 3 'S ,,. . Printed Nam~f tary Public Residing at 'N.i"I1tLI/IL My Commission Expires 12.. /;3 /2 0 CJlr , , 1111111 11111 111111111111111111111 11111111111111 11111111 ~~6~~?:~~P Sn.ll.v Vano.-Gallatln Co MT MISC 56.00 ACCEPTED: CITY OF BOZEMAN C~A. ~ Chris A. Kukulski City Manager ATTEST: if~ --Y ~ ROBIN SULLIV AN Clerk of the City Commission STATE OF MONTANA) ) ss. County of Gallatin ) On this jCjfh. day of 2i1h.WI ~r-.. ,2005, before me, a Notary Pnblic for the State of Montana, personally appe ed CHRIS A. KUKULSKI and ROBIN L. SULLIVAN, known to me to be the Acting City Manager and Clerk of the City Commission, respectively, 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. ." ")'.,. ~ ...~: \1{P~ ~f11)~ NO~ rblicfor lI.! tate pf Mo tana ~^ Ill-/!.- 6'r'€J71 nq.,e.y- Printed Name of Notary Publ1'c Residing in Bozeman, Montana My Commission Expires 3/25 /2aJ2 (SEAL) ATTACHMENT A FOR 87fm 1894 CONDITIONS FOR CONSTRUCTING IMPROVEMENTS WITHIN THE BOUNDARY OF THIS PROPERTY TO MAKE THE IMPROVED DUSTON ROAD COMPATIBLE WITH THE PROPERTY The conditions relative to improving this private property are listed as follows: A fill slope will be constructed at an approximate slope of 4 feet horizontal to 1 foot vertical to match the new roadway to the existing grade of the property, This will include site grading necessary to extend the existing culvert to accommodate the roadway improvements. All disturbed areas will be restored with a native grass seed mixture. The existing approach to the property will be replaced for approximately 45 feet to match the surface type and width of the existing approach to new road improvements. The existing fence will be removed and replaced to the new property line and to match the new approach. The gate will be relocated to allow off street parking for a pickup trunk and horse trailer on the approach. The improvements are illustrated on the attached exhibit (87 fm 1894). All work will be completed within the Construction Work Area identified on the exhibit. The signatures below signify the acceptance of the conditions listed above, and that these conditions represent the full amount of requirements for the property in question. This document also provides notice that the Contractor may proceed with the work under the terms of the Construction Contract with the City of Bozeman. The work shall be performed and completed by the Contractor as part of the Durston Road Improvements Project. All work on the property will be performed under the Liability Insurance requirements of the Contractor for this project. All work shall be covered under a one- year warranty, and the correction of any problems or failures within that period shall be completed by the contractor under the terms of Contract with the City of Bozeman. Agreed: .~ fA~~ Erffir Anderson END H:\0417\035\docs\Construction Agreements\87 FM 1894.doc Ilm~ mlll~IIIIIII~1 ~III~ III~ I11I11 ~~~1~~: Sn.llev vano.~Gallat1n Co MT MISC 66.00 REGRADE APPROACH TO MATCH NEW ROAD IMPROVEMENTS REMOVE AND REPLACE FENCE TO PROPERTY LINE APPROX TOE OF FILL SLOPE I 0' vi ------- 25' CONSTRUCTION WORK ARE~G -"..-- --=C' ~' ! ~-.!"":':'I'i':' -~. f' ___,_"_""u__ l.'':' 0.. rot) 01 N ~ QIDG ,.... '0 I QID~ N.~ 1II- N:~ -09 -~ -:g ...- ...- - u -w _E -.... _E !!!!!!!!!!!!!!! 0 -u _c: ...-= -" _::: -: J. _0 c: ~ " -~ .. _r. _w , \ \ LOT 433 BLOCK[ 5 pHAS LO" 3 33 B~~;~E 5 --.; . - L'" -'. ~ . II' ".' --<- .,: 'rt~'~;,I'r{~;:~R'r~:~:{.:rPt::r1~"':.'~~:: / - EX 10\,{m, .~{:~:' .:.':!:.!!/.;, X- ",,7ii1\',':<;~1$ :"~,' ",::' x \ 1/ r' ^ ,.'."". '.,".11'"\', L- - -~ __ _ _.~ _ _ ~ _ ~ _ _ _4~'RIGHT-OF-WAY_ ~ _ _ _ -: __ TRAC1JV1510N SMITH SU RESTORE ALL DISTURBED AREA WITH NATIVE GRASS SEED MIX. UE EXISllNG ELEClRlC LINE EXISllNG WATER LINE EXISllNG SEWER UNE EXISllNG TELEPHONE LINE [XISllNG GAS tiNE EXISllNG FENCE LINE EXISllNG CULVERT POWER POLE MAIL BOX TELEPHONE RISER WATER VALVE GUY WIRE -'-l)- 50 0 I--_-_...l ( IN FEET ) .~~> 10Y{"l"'F ~,~-~,., ~~ss ~ L><~ TEL .__._n__ :;"',,~:' ___n__._...._..____._ ~:;.<..:'; ._._.._m_."._____.__. ----0- ~\"" ,..,..,,', :::;, ,~" \'>>-'; ""// \.'~ '--"," X ~ ~ ~~~:........ ~ ~ -~- 'Q., om ~ ,-;'" --{) 25 I MORRISON MAIERLE,INc- ....n ,l'M.~0WMd c-..JIlI''JI.Y PO!Iw 1113, 101 ~ Eh4. 1IcoJ-. WI. M'm . "-r. (.40i) ~1"lffll ~IE (.a) 511-1111 ",,"'" "'''''''' ,."""'" ,'--"" !INC(ID"S. 50 I CLIENT; FIRE HYDRANT SEWER MANHOLE CURB INLET HEADGA TE SIGN 'TREES SHRUBS / BRUSH UGHT POLE WELL STORM DRAIN INLET 87fm 1894 FIELD WORK' DRAWN BY, SMR CHECKED BY: GJS DATE:4!11!05 _____ SCALE: PROJ #:0417,03:', PLOTTED DATE: Apr /18/2005 - 04:41:20 pm DRAWING NAME: 57r 189' H:\0417\035\ACAO\[xhibih;-E:.lOrTlt & ROW\CWA MA$ttFLdw~ SHEET .....---.L..... OF ~ PlOTTED B"t~8"UOf'