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HomeMy WebLinkAbout04- Yerger, Conrad Jr. & Lillian M; 2604 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 Conrad Yerger, Jr. and Lillian M. Yerger 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, Conrad Yerger, Jr. and Lillian M. Yerger, owners of the property located at 2604 West Babcock Street, 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 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 10 feet wide and 99 feet long across the northern edge of Parcel Number 19, West Babcock Street Improvement Project, City of Bozeman, Gallatin County, Montana and more particularly described as: A rectangular strip of land 10 feet wide and 99 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. 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. ~..J \~~ ~; IIIIIII~IIIII~IIIIIIIIIIIIIIIIIIIIIIIIIII ~t~~~~~, Shelley ~anOe-Gallatin. 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. DATED this l~aYOf , U70 I- (.,- STATE OF MONTANA ) ) ss. County of Gallatin ) On this --.L day of 3' v \ j ,2004 before me the undersigned, a Notary Public for the State of Montana, personally appeared Conrad Yerger, Jr. and Lillian M. Yerger known to me to be the persons whose names are subscribed to the within instrument, and acknow ledged to me that they executed the same. 1111111111111111 ~~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~~~~~:~~, Shelley Vanoe-Gallatin Co MT MISe 30,00 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) ~~~~~...:~-"-~~~~----- N~tary Public for the State of Montana 0YlCAU(\,^- L. \)ecK-e..,'-4 Printed Name of Notary Public Residing at BI! )'1(i0 \( My Commission Expires /Y)wc...h J-q 'UxJ/ I ACCEPTED: j~, '.,';" i,' .,,:':':::.:i:. ,_' ,i;,"~:""'I'/" ,,~,) ,'.......'..,.". ~\"" "', '-:- /, ~~ \, C,,) /~ " S:fj~:5"f ""'- " --,.~, ""."';2:" "~ ~ ' ,.,",-- 'j '" ' '/ /J1 ... r,', ..,', '''~~~~ ~>':J$b}m~r sBEiW,AN .. /G,l'erwJ!.~~.e~,..commission '. , ' l.- i.' <:1.1. ". STATE OF MONT ANA ) ) ss. County of Gallatin ) On this qtn day of fW.. 01 ff , 2~, before me, a Notary Public for the State of Montana, personally appeared RON BREY 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. .!,.F " r:', :" ',') :' ";i : (j j " ... -........' t... ,; ;/ ~' }, :0 'p', \"",c. .-4 ' ~" I,,~ .~. .",,~ / ."... ".,\ , \j)J{O-vUl- tr;~w)~ 1m, Public for e St~te o. outana P"vuZ h(~'/IIy1~ Printed Name of Notary Pu lic Residing in Bozeman, Montan~ My Commission Expires .3 2.5 !7AJ(} 1 (SEAL) 7\ '. ", ,.. "C:::' '. A, IIIII~ II~IIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~;~~f::S~ Shelley Vanoe-Gallatin Co MT MISe 30,00 .. 1111111111111 n 11111111111111111 ~:t~~~~~ Shelley V.noe~G.llatin Co MT MISe 30,00 ATTACHMENT A FOR THE PROPERTY AT 2604 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: 2604 West Babcock St., Conrad & Lillian Yerger (586-9000). Water and sewer service lines will be stubbed into your property at the locations illustrated on the attached exhibit. The service line locations may be modified slightly to avoid existing improvements. A fill slope will be constructed at an approximate slope of 4 feet horizontal to 1 foot vertical (maximum slope of 3 feet horizontal to 1 foot vertical) to match the new roadway with your existing lawn area. The existing 2' wide concrete sidewalk at the front of your property will be removed. Your existing fence will remain in place. We will attempt to leave all existing trees in place; however if the tree itself or root structure is damaged during construction, the tree will replaced with a similar type at a minimum 2 inch diameter trunk size. Your driveway and approach will be replaced from the garage floor slab to the new roadway. The new driveway will be constructed of 6" thick concrete to a City of Bozeman sidewalk standard and will include the gravel area between your existing driveway and the west boundary of your property, except for the planter surrounding the tree in that area. The approach will be constructed to meet City of Bozeman requirements. Disturbed lawn areas shall be restored with sod. All work will be performed within the construction work area illustrated on the attached exhibit (Mr. & Mrs. Yerger, 2604 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 af 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 compl :;ed by the Contractor under the terms of Contract with the City of Bozeman. . Ag reed: END H:\0417\039\docs\CORRESP\Conrad & Lillian Yerger_ATTACHMENT A,doc Exhibit "A" CARL E. MARTIN LOT 1 BLOCK 1 NEW WEST BABCOCK STREET 32.5 FEET a: N 3 It) cii _IPG ..... _<t QO~ caUl ~ ,.Q .... . N ..- N"... 0-19 -Q -19 -= iiiiiiiiiiiii iiiiiiiiiiiii - =u -tIJ -.., _IE: -~ - ~8 -5 ~. ~= ==: =~ -0 ~c -" ~:> iiiiiiiiiiii ,. -. -- .. _L _01) REPLACE CONCRETE DRIVEWAY SLAB TO GARAGE INCLUDING GRAVEL AREA ON WEST SIDE w z: :J i: a: w D.. ~ D.. DOCUMENT #2014209 LEGEND: (",,/,/'''''''.V''),.U#"~"'Y"''\''/'''~'\ , 0~'i<',C,..) EXISTING VEGETATION J TREES ,. NEW VEGETATION J TREES SIDEWALKS OVERHEAD POWER (OHP) TELEPHONE LINE (TEL) GAS MAIN (GAS) SANITARY SEWER MAIN (SS) WATER MAIN (WTR) SANITARY SEWER MANHOLE WATER VALVE . .Q-,MORRISON cl:iJ MAIERLE,lNc. .. 1I...J1o._ ~...... PO .. t1IllOt T~ .. a.m., ..... .51711 . fItJmIt <a) Zi-om F_ (401) 5I7-1t78 - - - - -... CUENT' FIELD WORK' DRAWN BY: KDJ/KSS CHECKED BY.GJS DATE: 03/24/04 SCALE: 1"-30' PROJ 0417/039 ).... ~ ~ a ::5C L TOE OF SLOPE \ EXISTING FENCE TO REMAIN LELAND S. FERGUSON IN PLACE 176 FM 3850 GRAPHIC SCALE 30 _ ? 15 30 ~~ \ I ( IN FEET ) 1 inch = 30 ft. TOE OF SLOPE STORM WATER SEWER WATER SERVICE SEWER SERVICE .~';;;;;'~~":":":":":":~;;;';~;':.;:~::~,,:,:,::;;,~~-::::~::: CU L VERT [21 POWER PEDISTAL l!l TELEPHONE PEDISTAL '0.:> OVERHEAD POWER POLE FIRE HYDRANT ~ MAIL BOX Mr. & Mrs. Yerger 2604 W Babcock Street Bozeman, MT 59718 PLOTTED DATE: May/10/2004 02:17:15 pm DRAWING NAME: H:\D417\03lI\Aaad\EXh__ROW\ YWVO'.dw\I SHEET ---1...- OF ----1...- I'lDITED IM_ Soh..... Exhibit "8"