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Home My WebLink About04- Bertagnolli, Mary Margaret; 2629 W. Babcock - Temp Access Easement l!iir~ l~~!~l~~,~~~l~ [~!1~ 1I~11~11~1 ~:t?~~~3: 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 Mary Margaret Bertagnolli, hereinafter Grantor, 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, Mary Margaret Bertagnolli, owner of the property located at 2629 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 succcssors 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 adjaccnt to West Babcock and make certain repairs or improvemcnts 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 111.4 feet long across the northern edge of Parcel Number E, West Babcock Street Improvement Project, City of Bozeman, Gallatin County, Montana as transferred to Mary Margaret Bertagnolli by Quit Claim Deed dated August 20, 2004 and recorded as Document #2161073 (CDS 899) with the Gallatin County Clerk and Recorder and more particularly shown in Exhibit "B" attached hereto and incorporated herein by reference. 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. IIIII~ IIIIIII~ I~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~:n~7:~~.. Shelley Vanoe-Oallaltn Co MT ~ISC 30.00 THE GRANTOR AGREES: (1) At no time, during the life ofthis 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 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 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 ~~ayof !\.\ ~ I 2 6 () ---\ , GRANTOR: ~~\ STATE OF MONTANA ) ) ss. County of Gallatin ) On this L day of 7/ ~ ,2004 before me the undersigned, a Notary Public for thc State of Montana, personally appeared Mary Margaret Bertagnolli known to me to bc the pcrson 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. Z? , ' o~l)' Public f,?r the ptate of!"16nta.t}tl " ..edL~ ~. t/ A&A-.... ....:. - , Printed Name Notary Publ~c. ,;.-. .',~ Residing at "" ,... ..- My Commissi Expires IP -I..; -)~ ff ?'i' ~.\-~ , I III mll~1111111111111111111111111111111111111 ~~1~!~~: Sn.lley Vano.-Gallatln Co MT MISC 30.00 ACCEPTED: CITY OF BOZEMAN C~7~ Chris A. Kukulski City Manager ATTEST: ~z,b~ BIN SULLIV AN Clerk of the City Commission ST A TE OF MONT ANA ) ) ss. County of Gallatin ) On this / 6rA"day of /Jo J JL-wI ~ , 2 (X}l( , before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKl 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. .",~7J...... -.(SE.AL) ?I" ..... .I" r. ;. \:'. ~ ~",.' y +, ." '.. h;j 0 '." .. { ::.,; ;: \ ~~ ::~, ;.>::::?: . ' .'.'" 1'0...... ,~. : ..-, ',,;, ". 4. ""'..... . ;,...' :' ," .~.~"'I"""~"\~'~'~.:."''' ....,~ .!I. _ I',..'" VJn,/ NOm /t,lic ti he St~te 0 tJ .(!, f7 r iid I ~:UI Printed Name of Notary bhc Residing in Bozeman, Montana . My Commission Expires 3/2S/2.--0b 1 ""f.'I., A IT ACHMENT A FOR THE PROPERTY AT 2629 WEST BABCOCK ST. CONDITIONS FOR CONSTRUCTING IMPROVEMENTS WITHIN THE BOUNDARY OF THIS PROPERTY TO MAKE THE IMPROVED WEST BABCOCK S1. COMPATIBLE WITH THE PROPERTY The conditions relative to improving this private property are listed as follows: 2629 West Babcock St., Mary M. Bertagnolli. One water service line will be stubbed into your property. Two sewer service lines will be stubbed to your property. The water and sewer service line approximate locations are illustrated on the attached exhibit. A fill slope will be constructed at a maximum slope of 3 feet horizontal to 1 foot vertical to match the new roadway with your existing lawn area. This fill slope will extend approximately 10 feet into your property from the new right-of-way. As a result, one row of 5 trees in the front of your property will need to be removed. These trees will be replaced with new 8' - 10' spruce trees to the same location after the fill slope is constructed. The Contractor will be responsible to locate and protect the existing sprinkler system. Sprinkler heads shall be adjusted as necessary to the new lawn surface. All trees are currently fed by drip lines from the sprinkler system. The Contractor shall ensure that all new trees and existing trees currently fed by the drip system are fed by drip lines after completion of the work on this property. We will attempt to leave all other existing trees in place within and adjacent to the construction work area, however, if the root structure or tree itself is damaged as a result of the construction, the tree will be replaced with a similar type at a minimum 2 inch diameter trunk size for deciduous trees or 8' to 10' spruce trees. The driveway will be reconstructed for approximately 50 feet beyond the back of the new sidewalk to match the grade, surface type, and width of the existing driveway surface. Fill slopes will be constructed at a maximum slope of 3 feet horizontal to 1 foot vertical to match the new driveway with your existing lawn area. As we discussed, the location of your approach may be moved to the west, at your choice, to minimize disruption to the lawn area. Disturbed lawn areas shall be restored with sod. Your existing fence will be removed and replaced with a new split rail fence to be located on the new right-of-way line. The improvements are illustrated on the attached exhibit (Mary M. Bertagnolli, 2629 W. Babcock St., Bozeman, MT 59718). The signature below signifies 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. Agreed: ~~C).) ry M. Be g olli, Property Own r END H:\0417\039\docs\CORRESP\Mary M BertagnollLATTACHMENT A.doc 111111111111111111111111111111111111111111111111111 ~JI~?:~ ,~p Sh.ll.y Vano.-Gallaltn Co MT MISC 30.00 11111" ~" ~I~gl~m IIII ~::t1~~~: Shelley Vanoe-Gallalin Co MT MISe 30.00 MARY-M. BERTAGNOLL./ DOCUMENT #2161073 I (COS 899) REMOVE 5 EXIST. SPRUC TREES , · & REPLACE WITH 5 NEW '.10' SPRUCE TREES AFTER CARL E. MARTIN CONSTRUCTION OF FILL LOPE LOT 1 ALL OTHE TREES TO R MAIN IN PLACE BLOCK 1 NDIST BED AND UNO MAGED w z ::::i ~ .,. >- Q;) ...,0'1 <\j t- ~~ 1""_ ~ REG DR EWAY FO BEHIND SIDE TRACT 2 TWO NEW 6" SEWER SERVICE LINES w ~." ,,,); ,~.~-~.,. jt'~ 0f8- ___ WATER SERVICE THE CONTRACTonH)l;[LBCRESPONSlBI::f- TO LOCATE & PROTECT EXISTING SPRINKLER SYSTEM. SPRINKLER HEADS SHALL BE ADJUSTED AS NECESSARY TO THE NEW LAWN SURFACE. ALL TREES ARE CURRENTLY FED BY DRIP LINES FROM THE SPRINKLER SYSTEM. THE CONTRACTOR SHALL ENSURE THAT ALL NEW TREES & EXISTING TREES, CURRENTLY FED BY THE DRIP SYSTEM, ARE FED BY DRIP LINES AFTER COMPLETION OF THE WORK ON THIS PROPERTY. DOCUMENT 2014209 ........ DOCUMENT #2014209 LEGEND: " ,,'~.~/~~V"") i:~:j ,",n. ""'....nO 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 o ~OHP-~ --.....,.-----.-. Tfl. .......--...---.-....-. . J:hMORRISON cI:iJ MAIERLE,INc. ... f _f _ ,... ...... ... ...... Iff. lIif771 . ~ (a) l.iIJ1--GJ21 FIlE (401) SI1~II" - - - ..- -.- CUENT' FlELD WORK' DRAWN BY: GJS CHECKED BY.GJS VICINITY MAP DATE: 07/22/04 SCALE: 1"-30' PROJ 0417/039 REMOVE EXISTING FENCE & REPLACE WITH SIMILAR SPLIT RAIL FENC NEW RIGHT OF WAY 30 !tI I!J '0...:> STORM WATER SEWER WATER SERVICE SEWER SERVICE CULVERT POWER PEDlSTAL TELEPHONE PEDISTAL OVERHEAD POWER POLE FIRE HYDRANT ~ MAIL BOX Mary M. Bertagnolli 2629 W. Babcock Street Bozeman, MT 59718 PLOTTED DATE: Oct/2e/2004 11 :56:51 am DRAWING NAME: H:\0417\03$\Aoto<l\Ellh--ROW\ tLBertatnolU..dWQ . SHEET ---1...- OF -L..- PIDI1m IIYl