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Home My WebLink About04- Rowe, Edith J; 2500 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 Edith J. Rowe 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, Edith J, Rowe, owner of the property located at 2500 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 strip of property not more than 15 feet wide and 105 feet long across the northern edge of Parcel Number 24, 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 105 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. --;\ ~~~ IIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIII ~4;~&4:~~, Snell.y Vano..Callatln 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 she is lawfully seized and possessed of the real property described above, that she has a lawful right to convey the property, or any part of it, and that 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. / --I DATED this IQ~ dayof 'LL; i , 2 004. GRANTOR: Ej;a' 9 ~~v-e. EdithJ. RoweV STATE OF MONTANA ) ) ss. County of Gallatin ) On this ~'""day of -s:") \,j ,2004 before me the undersigned, a Notary Public for the State of Montana, personally appeared Edith J. Rowe known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. \ .<,".,"~ 2:,,, .,.,~':,:~ ,.): .,,:," \:~~:~:~"._ /';;~}:;: ",:,.,::,": ":";:::~'(i~~:'\\ (;' <.. { ,", ','~" ,""., \ \; f."::' \.~, \ ~I Cl\:-/ l ki l> .\ ',,- If '\\ (;"''''''' /{:~:;'J} . y.... ,t>~~,:.! ':::--""""'"""'":"',:',,:.,,<\:'" ~ ~ ;;" .,', ,..".'.., ,\:. (v ~'2..2~L,:,:.,,~;:\,: ,'.:~,}:'.Iy' ~.2~=- Notary Public for teState of Montana ^~I\&\. f!.... "34.1M1'SOf\ Printe Name of Notary PublIc Residing at ~z.e V'V"lo.. Yi I M..T My Commission Expires ~.,..: I If. ?ooS- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIII ~:t~~4:~~, Snalley Vanoe-Gallattn Co MT MISC 30.00 111111111111111111111111111111111111111111 11I1111111111 ~~t~~(:~ ~R Shelley V.no.~Gallattn Co MT MISC 30.00 ACCEPTED: nager ~ :, ,'-. ~';,R.~~~ ~ ,...=:.N AN ~~itYCOmmiSSiOn siAlt! OF MONT ANA ) ) ss. County of Gallatin ) On this O/th day of A'7~r ,~, before me, a Notary Public for the State of Montana, personally appeareiJ 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. il....h.'" (SEA.L) ~ '>~ .;......, 1"",,,"\ ">>' ,.",. r.- .'.. <'"( , c /', ::! ~ -:t-o"\ C. .,., , i""'"" . .... :;.: .,,-4.,,1' --l ~~ fl.', ,. , l.. ,~. ~ .~ .~ -': \ ~. P-" ~ ." ", ~..... ~ "i.;:..:',/ \"~..i:::~:.."',"~~'~' :. \J ,ltlcw.. o/e-AI v( ~'-- Notar~ Public for th~ State of Montana 110 ~1I\t G(el/llyt~ Printed Name of Notary Public Residing in Bozeman, Montana My Commission Expires _Zl_lt...-5 fZ-oo'7 . ' 111111111111111111111111111111111111111111111111111111I ~~t~~(:~ ~A Sh.l1ay Vano.-Gallalin Co MT MISC 30.00 ATTACHMENT A FOR THE PROPERTY AT 2500 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: 2500 West Babcock St., Raymond & Edith Rowe (586-5990). Water and sewer service lines will be stubbed into your property at approximate City of Bozeman standard locations. 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 5 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 meet City of Bozeman requirements. We Will attempt to leave all existing trees in place, however, if the root structure or tree itself is damaged during construction, the tree will be replaced with a similar type at a minimum 2 inch diameter trunk size. We will also attempt to leave your existing fence in place, however, if it is damaged during construction we will repair it at no cost to you. Disturbed lawn areas shall be restored with sod. Your sump pump discharge piping will be modified to drain to the curb line of the new roadway. The work shall be performed and completed by the Contractor as part of the West Babcock St. Special Improvement District 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. Agreed: ?d::/4 r ~ Edith Rowe, Property Owner END H :\0417\039\docs\CORRESP\Edith Rowe_ATTACHMENT A.doc Exhibit "A" " r. ., a: .... : UJ eft _II>CSl .... -." QO: IDII>~ nCSl .... & ~ N:: -CSl -~ =CSl iiiiiiiiiii ... iiiiiiiiiii iiiiiiiiiii - =u -II> -.... _IE: iiiiiiiiiii I- -IE: - =0 _u - = 0:-- T'n ~ ~[Vi:~:'''''4 -. _0 =1: ' !!!!!!!!!!!!! ~ -:,.. =.... iiiiiiiiiii .. !!!!!!!!!!!!! r. -II> - NEW 6" SEWER SERVICE STEVEN L. WENZEL SUSAN J. SMILEY 110 FM 2885 144 / 537, PLAT LOT 9A NEW 3/4" WATER SERVICE REGRADE DRIVEWAY FOR 5' BEHIND NEW SIDEWALK w z :::; ~ w a. o a:: a. PROPOSED ROW 32,5' OFF SECTION LINE CONSTRUCT!Q.N -- WQliK AREA 55 '==0 TEL -..... - NOTE: MODIFY SUMP PUMP DISCHARGE PIPING TO DRAIN TO NEW CURB LINE STEPHENS ENTERPRISES LIMITED PARTNERSHIP RAYMOND R. ROWE EDITH J. ROWE DOC 2048810 144 / 208, PLAT w z :::; ~ GRAPHIC SCALE ~ ::so _ ~ 15 o~ - I g: ( IN FEET ) 1 inch = 30 ft. LEGEND: ,/-'-V)/-'v~' ES l" ~G),\~~~C'_) EXISTING VEGETATION I TRE . NEW VEGETATION I TREES SIDEWALKS OVERHEAD POWER (OHP) TELEPHONE LINE (TEL) GAS MAIN (GAS) SANITARY SEWER MAIN (SS) WATER MAIN (WTR) SANITARY SEWER MANHOLE ~OHP~ -TEL- -"I ~~.~~ . Vi'! [><1 rO-lMORRISON a:u MAIERLE,INc. ...--- PO 1m 1113, lOt '1'.... IItrd, ~ Yr, 51711 . I'!.n: (401) ~--m:l rac: (40S) 1.1'7.1171 WATER VALVE -- ....... - - ... .... CUENT' FIELD WORK' DRAWN BY: KDJ/KSS CHECKED BY'GJS DATE: 03/24/04 SCALE: 1...30' PROJ "0417/039 Exhibit "8" 24 FM 425, PLAT 30 I TOE OF SLOPE STORM WATER SEWER " i WATER SERVICE SEWER SERVICE CULVERT IE POWER PEDISTAL IT] TELEPHONE PEDlSTAL C"Q.;, OVERHEAD POWER POLE FIRE HYDRANT ~ FIRE HYDRANT Edith Rowe 2500 W Babcock 8t Bozeman, Mt 59718 PLOTTED DATE: Apr/12/2004 08:35:54 am DRAWING NAME: H:\C417\03g\A<.d\E>ohlb~s-RaW\ EJlows,dwg SHEET.......J- OF ~ f>I.OTl[!l Bl':_ Soh..,ko