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Home My WebLink About05- Wirtz, Donald F. & Kunda, Carol A; 5540 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 Donald F. Wirtz and Carol A. Kunda, hereinafter Grantors, 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 Grantors, attached hereto as Attachment "A" for certain improvements to be made to the Grantors' property as part of construction of improvements in and along West Durston Road; and WHEREAS, this agreement also allows the City to enter the Grantors' property in order to repair or replace any portions of the Grantors' 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, Donald F. Wirtz and Carol A. Kunda, owners of the property located at 5540 West Durston Road, Bozeman, Montana, GRANTORS, 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 Grantors' 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 15 feet wide and 43.4 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 Grantors build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of GRANTEE. (2) The GRANTORS 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 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 GRANTORS. 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. DATEDthis e-fj dayof J"J (t , 2lJOS-- . GRANTORS: ., .. JJ ~f C-J "S Donald F, Wirtz C 0N.l () !?rh Carol A. Kunda ' STATE OF MONTANA ) ) ss. County of Gallatin ) ~ ~ On this L day of J.A...h- ,2005 before me the undersigned, a Notary Public for the State of Mont , pe;s~~Ql1y appeared Donald F. Wirtz and Carol A. Kunda known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. ,~ ,; J rf)t1~j , IN WITNESS WHEREOF, I have hereunto set day and year above written. ~- -- :,...- --- ----:. ....: '- ... ACCEPTED: CITY OF BOZEMAN ~A.~ Chris A. Kukulski City Manager ATTEST: ~./ ~~ R IN SULLIV AN Clerk ofthe City Commission STATE OF MONTANA) ) ss. County of Gallatin ) On this /tf1^ day of d-z,L~ ,2m2.. before me, a Notary Public for the State of Montana, personally appeared rnRIS A. KUKULSKI and ROBIN L. SULLIV AN, 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. (SEAL) ~lu~ ~'1~_ Notary ublic for th tate of ontana '1.(L p. "r Printed Name of Notary Pu lie Residing in Bozeman, Montana My Commission Expires 2,/25/ZuiJ1 -, . ..., ATTACHMENT A FOR 147 FM 2213 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/cut 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. The existing driveway will be replaced for approximately 40 feet beyond the new sidewalk to match the surface type and width of the existing approach to the new road improvements, To accommodate the new road improvements it will be necessary to remove the hedge in the front of your property along Durston Road. The entire length of the hedge will be removed. All disturbed areas will be restored with sod. The improvements are illustrated on the attached exhibit (147 fm 2213). 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 Bozema"n, 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 y the contractor under the terms of Contract with the City of Bozeman, Ag reed: Agreed CUA.ol a :?r"'4. Carol A. Kunda END H:\0417\035\docs\Construction Agreemenls\ 14 7fm2213.doc I ":./ I ~, ,~ : : H /t 1 \1,.'1 I'! I l' I',....; I i if i i!j it, i ~~ _ --=_~:_:..__J. ; LOT 1 1 SLacK 1 pHAsE . -' .~", -'. L -..-TEL-- I ---, -() - . ....17 '; ~sL-._:;,:",_.-:~::,,__, .-- x ~ ::::.. 'o::t: t.... I:\l LOT 1 1 SLOCt< 1 pHAsE ~ LOT .3 1 BLOcK 1 pHAsE LOT 4 1 BLOCK 1 pHASE LOT 5 1 BLOcK 1 pHAsE ~ ....... .,! . '" , .:~~~ .:/~~;~! ."';':i"j~'r:!~'~.~~;I~:~~~?~~~~~i::i~:>:"';~~:!~ ~~;jj..t~:?l..\t~~~;~~:~.~j~~0t~~~1.~~~~; ~~;:..:~;~i.~t~~,; DRAINFIELD ! ! 81.U'- AT 1A L t< 7 BLOC REMOVE EXISTING HEDGE CONSTRUCTION EASEMENT FM 2213 147 . .... .. . . -1-- -- r:x 'OWe; x --, NEW SIDEWALK M 229 147 F LoT 8 5 BLocK REPLACE DRIVEWAY TO MATCH NEW ROAD IMPROVEMENTS RESTORE ALL DISTURBED AREAS WITH SOD UE EXISTING ELEClRlC LINE EXISTING WATER LINE EXISTING SEWER LINE EXISTING TELEPHONE LINE EXISTING GAS LINE EXISTING FENCE LINE EXISTING CULVERT POYttR POLE MAIL BOX TELEPHONE RISER WATER VALVE GUY WIRE --'-~~~~-~.., S~'~; "~'M'~"~.".'~_~_~~.",_~______. ---- EL ~~-----_._.,._, x ..,. '2.~l:..2~_ _ ro.., lMm B ["'...'..'.., \~' : --() - f~:" FIRE HYDRANT SEWER MANHOLE CURB INLET HEADGA lE SIGN lREES SHRUBS / BRUSH LIGHT POLE WELL STORM DRAIN INLET .......,--- I,' "';>>' "',3' <C:J "/ ! 1 ~'\'~' '--_./ \~~-,~~:,-~::~.=) MORRISON MAIERLE,INc. A!It ~0WftN CDIn.:Jlllf\.t 1'0 B.. 111.3. .'1 1~ M I/iohtIIIWI, MI. 511J771 ~ "'-: (401) :ill-om F.- (.tOIl ~_ttJ\I "'"""'" -- "''''''''''' --- ~NI:;( 10&5 50 0 ~-_..... ( IN FEET ) 25 I 50 I CLIENT; 147 fm 2213 FIELD WORK' DRAWN BY; SMR CHECKED BY:GJS DATE:~_ SCALE: PROJ #:0417,035 PLOTTED DATE: Moy/17/200S 02:46:01 pm DRAWING NAME: '47F2213 H,\0417\035\ACAO\E,h;b;I.-E.m. & ROW\CWA UASTER,d.g SHEET 1 OF 1 PLOTT.O ""","d.