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HomeMy WebLinkAbout04- Reiter, Esther; 3006 W. Babcock - Temp Access Easement ~"J, t. 1IIIIII "n"IIIIIIII~"'1I ~~~~l:?~ Sn.lley Vance-Gallattn Co MT MISC 30.00 1, j , 011..,J , ?\.~,..t,i 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 Esther Reiter 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 "Attachment 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 Esther Reiter, owner of the property located at 3006 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 adj acent 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 across the northern edge of Parcel Number 15, West Babcock Street Improvement Project, City of Bozeman, Gallatin County, Montana and more particularly described as: A rectangular strip of land 10 feet wide lying 32.51 feet south ofthe northern edge ofthat tract ofland located in the Southwest Quarter of Section 11, Township 2 South, Range 5 East, P.M.M. Gallatin County, recorded on Film 15, page 1568, 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 "A" attached hereto. .' ~ ... , II~ IIII1 ~1I1111111111111111111111 ~1~ll ~p Sl"l~ l.~ \I~no.=Galla tt n Co MT M I SC 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 she build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of GRANTEE. (2) The GRANTOR warrant 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 ofthis 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. . ~ ,., ...",J DATEDthls \C\ day of ~ ,~. . E~~ STATE OF MONTANA ) ) ss. County of Gallatin ) ~ . _..,.f On this \C\ day of ~ ' 2~, before me the undersigned, a Notary Public for the State of Montana, personally appeared Esther Reiter 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. 1\\\\\\\1I111/"1J111, ~"\ 0 U ~ C :;III~ (SEAT# ,~., . . . '!t-<::-% ~.::;~. .' ~~ ff q; :...\0\ A R 1-4 1..' , \""" % ~ -J' ,.... _._ : 0 :: %*:, SEAL :*~ ..., In, . ~~ -;; )0'.1. . ' ~ ::::: ~~ ' 'fFi:: ~9;;;:- OF 'MO~,,# 111//11/ III" \ \ \\ \ ~Jl\ l..~ bvLtv... ~ Ed cJ ~~ ~~~clJ IGNATURE Notary Public for the State of Montana n ...\ ~ Residing at ~ ~~ 1 \= "6'''" , My Commission Expires \ \ ~\ t) 1 "^' \ 't, II~ IIIIIIIIIIIIII~ 1I1111~111I1 ~:t~~ I:? ~ S~ll.Y Vanoa-Oallaltn Co MT MISC 30.00 . '\. ~ ACCEPTED: .--:. ,::.': .~:":<'". ~:~" ." " ,;., ..... ", ~; ~.. :,"'~ ROBIN ~.l';lV~~ Clerk~tf~~mlssion , 1: .':; ~,/'J'..\ ;:..' :..: -,.".... ' - ,..~<-~. .....: anager :~?~ ~~',., , STATE OF MONTANA) ) ss. County of Gallatin ) On thi"",lJ ~ day of ~ ' zl!!l.'L, before me, a Notary Public for the State of Montana, personally app ared RON 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. \:J )} I "..:.'.. - ~.D " . / -', . l" -s. ., /.- ./ ""'. 0 .,............ ..;:;':' , J .... '-- . "'-' ~ ,,- .~ ;. tc~EA~~ ' ~."':.i'.; -. "".,', :.. ,..... " , . ..\ . .~ .^'~ '( J GNATURE Notary Public for the State of Montana Residing in Bozeman, Montana My Commission Expires ? 'I.f-.:!&d 7 << "" .' ~l , I/mll 1111/ Mil III 11111 1111111111111111 ~;~ 1:?~p Snalley Vanoa-G.llaltn Co MT MISC 30.00 ATTACHMENT A FOR THE PROPERTY AT 3006 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: 3006 West Babcock St., Ms. Esther Reiter (587-4823). 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, surface type, and width of the existing driveway surface. The approach will be constructed to meet City of Bozeman requirements. We will attempt to leave the 3 existing apple 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. Disturbed lawn areas shall be restored with sod. The perennial geraniums located in the front of your property will be relocated to a location within the boulevard of the new roadway. Your sump pump discharge piping will be modified to drain to the curb line of the new roadway. As we discussed during our most recent meeting we will perform some survey work on your property, after the snow has melted and prior to the start of construction, to review drainage patterns. If drainage is inhibited corrective measures will be taken to correct the problems to your satisfaction. All work will be performed within the 10' construction easement illustrated on the attached exhibit (Ms. Esther Reiter, 3006 W. Babcock Street, 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 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: END \\Hyalite\Users\PDay-Moore\W Babcock condemnation\Esther Reiter_ATTACHMENT A.doc \ < - .- i-RAtT2~16 cas I ~1I11~ IIIII~I ~IIIIIIII~~ ~IIIIII ~:t~:y ~p Shell.y Vanoe-Gal1al1n Co MT MISC 30.00 LOf 1 1 BLOcK r;/-' '--- r- .1., / __ _____! = " --1= -- ~L ~ ---I'/'""" .,~t __ __ ;: 1 ~-~-~ ^ .. " .-- ~ -~ --.---'! - =:: == --j I.l ., .. '" .. 1 0' ':" 1', , / /---- ;.;~;n~7- I " '/ ,. L_,.,. ~-r- ", ~,. ,," \-'. / ," -"/ "/ / f -' "L__ _._L__ ~<--Z--Y:''':/~_,<----L. ,"_L '.,::_,""-,,,(:""--L:---.L":' ~ ~ ( C NSTRUCTIQN EASEMENT ;.,~. ../1,j,,~ _,Y--..-,^'--~_ ~ 156B 1 5 tv1 RElfER ESfH R WEST BABCOCK STREET RIGHT-OF-WAY ACQUISITION Of 41 LpHASE 2A GRAPHIC SCALE 30 ~ 15 ~ I ( IN FEET ) 1 inch = 30 ft. 30 I .-ChMORRISON cIiJMAIERLE,INc, .- ............... ...... - -- - "- ... ,.. Ms. Esther Reiter 3006 W. Babcock Street Bozeman, MT 59718 POb f113.to'I 'JIcIIlGt9................. 51711- PIiloMc (.., ",-em, fOIl: (<<*)~nn; CUENT' FJELD WORK' DRAWN BY: KOJ CHECKED BY.GJS DATE: 03/10/04 SCALE: 1'-:30. PROJ 0417/039 PLOTTED DATE: Mor/10/2004 01:12:41 pm DRAWING NAME: 1t\D417\0JlI\Acad\PlANS\EXHI8ITS\R01ER-EXHI8IT.., SHEET OF PI.OI1m IJf: