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HomeMy WebLinkAbout04- Beatty, Donald D; 2520 W. Babcock - Temp Access Easement .-'..'.7"'""-.'.-' ----:-:-. - 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 Donald D. Beatty 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 Grantor, attached hereto as "Exhibit A" for certain improvements to be made to the Grantor's property as part of construction of improvements in and along West Babcock Street; 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, Donald D, Beatty, owner of the property located at 2520 West Babcock Street, 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 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 stlip of property not more than 10 feet wide and 90.75 feet long across the northern edge of Parcel Number 21, 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 90.75 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 1111111111111111111111111111111111111111111111111111111 ~~t~~~:~~R Shelley Vanoe-Gallattn Co MT MISC 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 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 warrants that he is lawfully seized and possessed of the real property described above, that he has a lawful right to convey the property, or any part of it, and that he 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 ~ day of - J~ ,20.04- GRANTOR:~{-p. ~1;t::- DonaldD. Beatty 'v -7 0.., STATE OF MeN IANJt-.. ) ':~1:~JJ ) ss. County of n ) On this JQ- day of ~fU..,. ,2004 before me the undersigned, a Notary Public for the State of Montana, personally appearedDonaldD. Beatty known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. .,' _' II tj ~'i. J J,/, ....'\."t\\~"\",' ~'l~ C...;"'lloI~, 'ft."' .\ ~ ~ ......",".. ...... <;:...... ~~~ ..~ .... ...... -,,'11. n 1-r J' v.. .. ~ ~ ~ . \ 0 T All ' " ' : ,.. \' M.. \.,."4. -'-:; :;o() : r ':. ;:. :: ; : ... -: ~ . ',e ,- ";,'l\-'U f:;! \C.:;;:: ~.. .. ..,.... 't'. ,'. ~'" C'')'''i'l&'t, ...to.... ...,:;:." ,." l.,.', .~la!,..J! ~"- ,."T '''1'1/ "14 L' C, \ \ /..:, ',.~\...",~\ iii/'Ji'lUI B iI ,d'\\ e. /;W111E-_~~~tj; _________ Notary Public for the St~' of MORtana c.../ Printed Name of Notary Public (!. Li.1t1n'i. d:2fsci~ Residing at My Commission Expires mGif .I1,JOdi I 1111 1111 IIW 1I11I11I1111111111111111111111111111 ~:t~~t;~~, Sh.lley Vanoe-Oallattn Co "'T MIse 30.00 ACCEPTED: IQ .....;'13. , A ~rk,.Q';Jh~y~~~~r;mission F " I . ': ,'.': ,~, u '. I ' I"" " . ~ rf; '1, /',".,. STATBOFMqNT'ANA ) . . ) ss. County of Gallatin ) On this ~ day of ~1.M:' , 2D!tL, 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. lit) , SEA.. , r~..' ( ""~' 'y ,.' f',...."", ',. ',' .l.. ?, \JJ 'YO " \" it';;'l( ~:,..r. ". c' i 0 . ~".1 y; ,:,., 2 "" l "'c..::O; r'i \ :r.= '., ...... .i::.;. " '0 " ~ -: " ........ . t." .;;- ~'/ ~.i'\~ .'j" " ~...C).... " ....1:..r . ',." '\:- ; ~~~ Not~ Public for teState 0 Montana H el.f) VlL? C;{()/V\.If1~ Printed Name of Notary Public Residing in Bozeman, Montala,.- (') My Commission Expires ?: l ~ / Z{x) I . Ilm~ un 11m IIIII~ II mllll 111111111111 1111 ~~~~~:~~ Shellay Vance-Gallattn Co MT MlSC 30.00 . . ATTACHMENT A FOR THE PROPERTY AT 2520 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: 2520 West Babcock St., Mr. Donald Beatty (586-7348). 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 driveway will be replaced for approximately 20 feet beyond the back of the new sidewalk to match the grade, type and width of the existing driveway surface. The approach will be constructed to match your existing driveway width and meet City of Bozeman requirements. The existing hedge in front of the home will remain in place but will need to be trimmed as necessary to accommodate the new sidewalk. Disturbed lawn areas shall be restored with native grass seed. All work will be performed within the construction work area illustrated on the attached exhibit (Mr. Donald Beatty, 2520 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 Bozeman. ~6~~ Ag reed: Donald Beatty, Property Owner END H:\0417\039\docs\CORRESP\Donald Beatty_ATTACHMENT A.doc Bxhibit "A" IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIII ~:t~~f::S~, Snell.y Vano.-Gallaltn Co MT MISC 30.00 Uti It) Iii .... Ul Ell Q'iil COUl ~ .... ii ~ m_ N:~ ~ElI ~~ = Ell ~<'l ~ ~ - =u -ell _E li: ~o _U -= -. -..... -..... ~.. =0 -, -- _0-.-, =lj ~:> ~:>o -~ ~. ~L -'" ~ \ TIMe&- H. RIGBY iv15M RIGBY LOT 1 BLOCK 2 --""'7 -..::>0~,{ '-'/r- j" ~-- ",-/, <:;f-......-'--' '-",',,,,.,' <" .......\........,.... " .. .1' ~ LELAND S. FERGUSON 176 FM 3850 w z ::J ~ W Q. o D:: Q. VICINITY MAP e ~ I 2 1--- -,-,~~~"--...../'\""'-......-.............~~~ NEW WEST BABCOCK STREET EASEMENT "', ---c ~' '-.:&- ;, n STEPflEfJJS ENJER )f?/SE~ I /jttMIn:~ 5H~ 172 FM 389"1-""" TRACT VW- ,,' I cas 1227 I w CONSTRUCTION , I ~ WORK AREA ~ , w GRAPHIC SCALE ~ 30 _ 9 1~0 Q.~~ ~ (INFEET) , 1 inch = 30 ft. DONALD D. SEA TTY 57 FM 2458 LEGEND: ,Jr'v-y"'rv-~, c,,~~_) . L. ,:J EXISTING VEGETATION I TREES NEW VEGETATION I TREES SIDEWALKS OVERHEAD POWER (OHP) TELEPHONE LINE (TEL) GAS MAIN (GAS) SANITARY SEWER MAIN (SS) WATER MAIN (WTR) SANITARY SEWER MANHOLE WATER VALVE ~0ItI'- -m~ ~"^=W~M'_~ (</>..=;; ._..______~. -u- "") . \~: rO-lMORRISON c1::LJ MAIERLE,lNC, .. .. CJWIWI ...... .. m3.................... ~. .... (a)!I7-Wlt '. (.till) "~111I - - - - -- CUENT' FIELD WORK' DRAWN BY: KDJ/KSS CHECKED BY-GJS DAlE: OS/21/04 SCAlE: 1".30' PRO.! 0417 /039 TOE OF SLOPE . STORM WATER SEWER _ ~__ WATER SERVICE SEWER SERVICE CULVERT ~ POWERPEmSTAL III TELEPHONE PEDISTAL CCb OVERHEAD POWER POLE '::,,'~ FIRE HYDRANT ~ MAIL BOX Mr Donald Beatty 2520 W Babcock St Bozeman, Mt 59718 PLOTTED DAlE: Moy/24/2004 10:36:17 om DRAWING NAME: H:\04'7\~ROIf\ ~..... SHEET ---1..- Of -L- PIDI1ED Iff: Exhibit "8"