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Home My WebLink About05- Hovanec, Lorie L; Parcel 3, W. Durston Rd - Temp Access Easement 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 Lorie L. Hovanec,t, 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 ofthe Grantor's property damaged during the construction; and WHEREAS, the parties recognize that a temporary easement is necessary for City to preserve its rightto access the property until construction is fully completed in order to meet its obligations under the construction agreement. NOW THEREFORE, Lorie L. Hovanec, owner of the property also known as Parcel 3 of Remainder Tract 7 of Smith Subdivision 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 of the 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 adj acent 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 5 feet wide and 123.1 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. THE GRANTOR AGREES: (1) At no time, during the life of this 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 l2~ day of ~ GRANTOR: 'd]~ ~U~Q~ Lorie L. Hovanec , 2 DOS . A\A~ STATE OF MONTANA ) 3~ ~~ ~d-) ss. CetlHty of Gallatin ) On this \ '1~ay of ~ ,2005 before me the undersigned, a Notary Public for the State of~personally appeared Lorie L. Hovanec known to me to be the person whose name is sUbScnbed 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. ~'\-D-- R~J~_~ N,otary Publi~ for tJIe St'l-te ofM61HftllR f.\}c- \J \~ <<---'" { ~ Printed Name of Notary Public Residing at ~ Q)... MyCommissionExpiresq'd-~ .~~ ACCEPTED: CITY OF BOZ~~A~ ,,^ C~A./~' Chris A. Kukulski City Manager ~: oZ~~ ROBIN SULLIVAN Clerk of the City Commission STATE OF MONTANA ) ) ss. County of Gallatin ) On this I f}- day of Jh,c~ ' 2005, before me, a Notary Pnblic for the State of Montana, personally appeare 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.L rfYU'IJ~ Notfl Public for tlfelState of Montana . ~YLfL Gy&tJ~ Printed Name of Notary Public Residing in Bozeman, Montana My Commission Expires 3/Z. S-/ze,70 7 , (SEAl} - -, ATTACHMENT A FOR REMAINDER OF TRACT 7 SMITH SUBDIVISION CONDITIONS FOR CONSTRUCTING IMPROVEMENTS WITHIN THE BOUNDARY OF THIS PROPERTY TO MAKE THE IMPROVED DURSTON 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. All disturbed areas will' be restored with a native grass seed mixture. The improvements are illustrated on the attached exhibit (Remainder Tract 7, Smith Subdivision), Allwork 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. Ag reed: Y!~ rfi. 4Jn9.dOl' Lorie L. Hovanec END H:\0417\035\docs\Conslruclion Agreements\Remainder of Tract 7 Smith Subdivision.doc , . . . I i 1 i i I I I I i ~5' RIGHT- i bF~WAY _....__._~'",.____,;;:-:L____..._______,_"~,___._ "_L_,,,. '~-~~-~__"----------,'_~"N'._~_~~_~,~.____._ LOT 7 34 B~~~~r 5 ..... ...-- _,_'u." L.;... ~""_''''__'~_ _~ LOT 634 B~~;~E 5 LOT 534 BLO~t< C' 5 pHASr.. LOT 434 BLOCA~r 5 pH ~. .. . '., . t.L LOT 334 B~~;~r 5 ~,. ,," '-L LOT 234 B~~;~E 5 ".,~-~ '-- I<:.L tL- . -. I :, T(-' ~ ',. ::?})t;~, ;;, ).~..~?';:;p::;f,: ';'::. :}, {';'lctt2 '?;; :,? :.;. ',: '; ; ~;, :;i \: :"::' ,";~:.. ;,c:,; c; ...:;,; ; ." ';.;. ':; "+ .c. ki ::,.. '<l; ;:.... ~ ...:j "'l; :::,. , .:. "l" ,~, ion..... ';:"){ .~ .(~\ r:'~ . ". 0.".....- ....:_. 5' DER RrtvlA1N 7 TRACT DIVISiON oj SUB 7~A SMITp G-2 COS ......, 1 (", ~;"'n NEW SIDEWALK "t C'J ~ ~ FM 4450 186 RESTORE DISTURBED AREAS WITH NATIVE SEED MIX UE ",..,...'..,...,.._-,--,_..", T::l.. --,_._..,.._--,.._-"_..,-..'_......'--- -~--'.,-- x ~~2~., "2 ~.__. 'Th rnm ,~1 --<) MORRISON MAIERLE,INC. ,." .EM:p~o-.rd ec-~n!( ~ ElM 1113. !IlJ11~ Blvd,. ~ Nt 5111771. "-r. 1406) ~-gn' 50 0 ~---- ( IN FEET ) 5' CdNSTRUCTION i WORK AREA 25 I 50 I CLIENT: FIELD WORK' DRAWN BY' SMR CHECKED BY: GJS EXISTING ELECffilC LINE EXISTING WA lER LINE EXISTING SEWER LINE EXISTING TELEPHONE LINE EXISTING GAS LINE EXISTING FENCE LINE EXISTING CULVERT PO'M:R POLE MAIL BOX TELEPHONE RISER WATER VALVE GUY WIRE DA Tf: _1L1J.l.9~__ SCALE: PROJ #:0417,035 -----0-- ;$'" ,...."'" :;;!:1E1fJ1STS '"""""" """""" S1~[ 10"5 ~_ (4(1&) w-Un FIRE H'rDRANT SEWER MANHOLE CURB INLET HEADGATE SIGN TREES SHRUBS / BRUSH LIGHT POLE WELL STORM DRAIN INLET Remainder Tract 7 Smith Subdivision PLonfD DATE: May/17/2005 01;32:53 pm DRAWING NAME: S,-lc' R,m H:\0417\03.s\ACAO\Exhibits-Esmt & ROW\CWA MASTER.dwg SHE["r 1 OF 1 PLOTTED """",do