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HomeMy WebLinkAbout04- Rigby, Timothy H. & Naomi; 2521 W. Babcock - Temp Access Easement . TEMPORARY ACCESS EASEMENT AND AGREEMENT WHEREAS, the City of Bozeman, hereinafter City, is planning to construct improvements in and along West Babcock Street; and WHEREAS, the City entered into an agreement with Timothy H. and Naomi Rigby to purchase a temporary interest in the property along West Babcock Street 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 "Exhibit A" for certain improvements to be made to the Grantors' property as part of construction of improvements in and along West Babcock Street; 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, Timothy H. and Naomi Rigby, owners of the property located at 2521 West Babcock Street, Bozeman, Montana, GRANTORS, in consideration of One Dollar ($1.00) and other good and valuable considerati on, receipt of which is acknowledged, grants to the Ci ty 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 construct, repair or replace water and sewer mains lying adjacent to or within West Babcock Street, construct sidewalks adjacent to West Babcock and make certain repairs or improvements to the property occurring during the construction of said improvements to West Babcock Street as set forth in a separate construction agreement. The temporary easement shall be a rectangular strip of property not more than 15 feet wide and 135 feet long across the northern edge of Parcel Number DLIB2, West Babcock Street Improvement Project, City of Bozeman, Gallatin County, Montana and more particularly described as: A rectangular strip of land 15 feet wide and 135 feet long lying parallel and adjacent to the northern edge of that tract of land located in the Southwest Quarter of Section 11, Township 2 South, Range 5 East, P.M.M. Gallatin County, as filed with the Gallatin County Clerk and Recorder. Said rectangular strip shall lie adjacent and parallel to the City of Bozeman's Right of Way for West Babcock Street, Gallatin County conveyed to and more particularly shown in "Exhibit B" attached hereto. ~ATlep~ ~' j 111111111111111111111111 111111111 111111111 1111111111111 ~~l~~(:~~A Shelley Vanoe-Gal1attn Co MT MISe 30.00 .", Said easement is temporary and shall cease automatically upon the completion of all improvements to West Babcock Street. Further, the City agrees to file all documentation necessary to terminate said easement upon the completion of the improvements to West Babcock Street. THE GRANTORS AGREE: (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. r'\-S,. DATED this I:> dayof ~ ,200t.f. GR~. RS: ~ q~H~" Timothy . RIgby 11WlYh4 . /2 ~ Na i Rigby &7. STATE OF MONTANA ) ) ss. County of Gallatin ) ~ On this ~ day of '-.J IJ..A.....L- , 2 60 tf , before me the undersigned, a Notary Public for the State of Montana, personally appeared Timothy H. Rigby and Naomi Rigby known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. I III~ I~II I~II I1III1 I~n" 111"1 III "III IIII 1"1 ~~t~~~~~" Shelley Vanoa-GallatLn Co MT MISC 30.00 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. \ \ \ II I I J \ \ )) , ,," ~ h\ 0 0 P '" I", ,," ~ '. ' . , ,>~' '" .- ............ <<f.... .:""" J., .. ............. '- ~. 'f ~...,I>"\L ' , .. O.j - , ,- ,- " " : : ". -~~ p..\...: .,~: ~ ...... ~ '. ;:, ~ , ',~~-~' ,,:" .;' ,r" . . /'..:.," .',. />, .s'rAi-~'~""'\,\S;, ,'" II,' cl.:r ,;\,'" I t lit \ II' ~ VuO!}. rv- ___________ Notary Public for the State of Montana Rf;IT~ MooRE Printed Name ~ Notary PUbl~ Residing at aJJ n. 17 Ilrl My Commission Expires ~ '5": 00 7 ACCEPTED: .. I'" ....... ..:! ...... t.' ."lo",,:,,1i.l .,':~4.~:~~..' \ ~~ ,1"~r,':o;r;-. ..;it,~,' '"( l ~_ ...,..::.:.~' } ...... '. ~~~~~-2:"~':>'~):::':'}': .,"' ).' ": ..":". . " .-- ".'.' ...... '. ., '''''7 ". ' .": ,~"." .:.P~ -. .:. .", ....:.:~..l :.~" (D . .. ,'. ~ . , ." ."mL~AN Clerk otlh~ 'City Commission anager STATE OF MONTANA ) ) ss. County of Gallatin ) On this qfh day of AIti::U--\ f , 2()()~ , before me, a Notary Public for the State of Montana, personally appeared RDN BREY and ROBIN L. SULLIVAN, known to me to be the Acting 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, (SE~L) c~ . " ", ~\,'y,/ (j) ';0 ". " ';"," -'. "" :;,..l. ; ,...; y ~ : ;" :;.0 .-t . \JI'__ '.V '. f" A (." '. ~" .~;.. "" \. "'" T ... F' {;.;' '....... \:,' \ UiJuv/ CjfyIL nl~ NPor Public fotthe ~tat of Montana , P.v1P G(~tll )'~(' Printed Name of Notary ubhc Residing in Bozeman, Montana / "P-o My Commission Expires 3- 2-5 lJ? 111111111111111111111111111111111 111111111 11111 11111111 ~~t~~f:~:A Sn.ll.y Vano.-Gallaltn Co MT MIse 30.00 t' ~_' . ATTACHMENT A FOR THE PROPERTY AT 2521 WEST BABCOCK ST. CONDITIONS FOR CONSTRUCTING IMPROVEMENTS WITHIN THE BOUNDARY OF THIS PROPERTY TO MAKE THE IMPROVED WEST BABCOCK ST. COMPATIBLE WITH THE PROPERTY The conditions relative to improving this private property are listed as follows: 2521 West Babcock St., Tim & Naomi Rigby (585-2276). Water and sewer service lines will be stubbed into your property at the approximate City of Bozeman standard locations. The service line locations may be modified slightly to avoid existing improvements. The existing hedge in front of the home will remain in place but will need to be trimmed extensively to accommodate the new sidewalk. A fill slope will be constructed to match the existing grade at the base of the hedge. Your existing driveway and approach will be replaced from the garage floor slab to the new roadway at the width of the existing driveway surface. The new driveway will be constructed of 6" thick concrete to a City of Bozeman driveway standard. The approach will be constructed to meet City of Bozeman requirements. Per our discussions, the new driveway will be steeper than the existing due to modifications to the road grade on West Babcock St. To mitigate this condition, a second approach to your property will be constructed, the center of which will be approximately 43' east of the center of your existing approach. The second' approach will be 12' wide and a 12' wide asphalt or concrete driveway will be constructed connecting the two approaches. The gravel pad in front of the gate on the east side of the driveway will be replaced 8' wide. It will be necessary to remove approximately 20 feet of your hedge to construct the second approach. We will also establish a 12' wide gravel approach off of Western Drive from the edge of the asphalt to your existing hedge. This approach will terminate on the right-of-way side of your hedge. None of the hedge along Western Drive will be removed. Disturbed lawn areas shall be restored with sod. The improvements are illustrated on the attached exhibit (Tim & Naomi Rigby, 2521 W. Babcock St., Bozeman, MT 59718). 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 West Babcock Street 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 ~ Agreed: ~.:- ~;f Tim Rigby, Property Owner (6 Agreed: END H:\0417\039\docs\CORRESP\Tim & Naomi Rigby_ATTACHMENT A.doc 1I1111111111111111111111111111111111111111111111111111I ~~t~~(:~~R Exhibit "An Sh.lley Vanoe-Gallattn Co MT MISC 30.00 ". " ~EW12'WIDE 'GRAVEL APPROACH FROM WESTERN DRIVEl TO HEDGE / , ( ~ PROPERTY LINE NEW 12' WIDE APPROACH. REMOVE EXISTING HEDGE TO ACCOMODATE NEW APPROACH, NEW 12' WIDE ASPHALT OR CONCRETE DRIVEWAY CONSTRUCTION WORK AREA NEW 6" SEWER SERVICE TIMOTHY H. RIGBY NAOMI RIGBY LOT 1 BLOCK 2 S'XS' GRAVEL PARKING PAD REP~hE,sxtSTIN ONCRETE DRIVE TO GARAGE DONALD D. BEA TTY LELANfj)1:~: FERGUSON 176" M 3850 GRAPHIC SCALE 30 _ ? 15 310 ~~ I. ( IN FEET ) 1 inch - 30 ft. ), \",.".......,1 NEwMrJi'~BCOCK /ST'REET EASEMENT LeGEND: I'" V~/""\"""'" ( r'"" '\'",1",<,,\ . 0l.k '.'.". \ ' t:::::J ':q{""""""" . EXISTING VEGETATION I TREES NEW VEGETATION I TREES SIDEWALKS OVERHEAD POWER (OHP) TELEPHONE LINE (TEL) GAS MAIN (GAS) SANITARY SEWER MAIN (55) WATER MAIN (WTR) SANITARY SEWER MANHOLE WATER VALVE -OHP- ~umuu"'m,~. TE,l ~-_.- . rO-lMORRISON cI:iJ MAIERLE,lNc. "'II~- ~...... fID .. 1113. to1 ...... ... ..... Yr. S77t . ~ (4OI).-,....CJm FeE (4Oi) !I7-1I7e - - - - .... '" VICINITY MAP CUENT' FIELD WORK' DRAWN BY: KDJ/KSS CHECKED BY.GJS DATE: OS/21/04 SCALE: 1"-30' PROJ 0417/039 a: Mi ~ &0 cii _Ul,CS1 -...ot- c,g 0 ~ &O~5 .... : ~ N::: CSI !!!!!!!!!!!!!!! CSI ... <'l - - <.> -IIJ E ..... _lI: 8 (: ..... ~. -- -= <!) J. _0 =5 :> ~ -- .. ===~ .."'.~,.".".." S PRENS ENTERPRISES ,>LIMfrfi:lA ..",/' AyPARTNER91lP 172 FM 389 TRACT vw- 1 COS 1227 TOE OF SLOPE STORM WATER SEWER WATER SERVICE SEWER SERVICE :;;;;'--=",",=;;=;; CULVERT It'] POWER PEDISTAL OJ TELEPHONE PEDISTAL 'OJ OVERHEAD POWER POLE FIRE HYDRANT ~ FIRE HYDRANT Mr. Tim & Naomi Rigby 2521 W Babcock Street Bozeman, MT 59718 PLOTTED DATE: May/21/2004 11 :56:54 am DRAWING NAME: =~03lI~1_RllW\ SHEET ---1...- OF ----1..- PI.OIml'" Exhibit "B"