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Home My WebLink About04- Stephens Enterprises LP; 2518 W. Babcock - Temp Access Easement .,~ ~ I l~1~!~~~_~!~I~!!~ 1~I!jIIJjj~ 11~II~jl~1 ~:t3~t~~p 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 the Stephens Enterprises Limited Partnership 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, Stephens Enterprises Limited Partnership, owner ofthe property located at 2310 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 tcmporary easement shall be a rectangular strip of property not more than 10 feet wide and 80 fcet long across the northern edge of Parcel 22, West Babcock Street Improvement Project, City of Bozeman, Gallatin County, Montana and as 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. . t. ~ 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 it is lawfully seized and possessed of the real property described above, that it has a lawful right to convey the property, or any part of it, and that it 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 .s- day of 1} iYlj'f./rrJ'rtI\. GRANTOR: ,2001/ . STEPHENS ENTERPRISES LIMITED PARTNERSHIP By: 9~-" (L JIf.iJ- II Is loci . (bate!) STATE OF MONTANA ) ':kt/OUJS,iQIJe: ) ss. County of-Gftllatin ) On this ~ day of f11ovtl-Thbe--t..l , 2 CrJ'1 ' before me the undersigned, a Notary Public for the State of Montana, personally appeared Jill c. 0t'tlr known to me to be the ~'\a.nttfl ~"~ p~ J A,trlr of the Stephens Enterprises Limited Partnership and the person whose name is vsuoscribed to the within instrument, and acknowledged to me that he/she/they executed the same for and on behalf ofthe Stephens Enterprises Limited Partnership. IN WITNESS WHEREOF, I have hereunto day and year above written. and affixed my Notarial Seal the l .."r i J .' ," ,~V., " ,~f2..-.., Notary Public for the State of Montana LAnai' VJvt!'t..L..- Printed Name of Notary Public Residing at 16//I,~, {ltr My Commission E pires "!Zff/fJr 1/28/ 200 ~ " "."~>I - : ~\. " '"( :,:" ( , , '...( ... ;', C' t:' AL ;'". . ) '. 0 I-. ' , ':.. " \,+ '....,.. ....~.;\~I,'~.'~,. .. ./..."" .t...."....1II " \~, \. /: n ~ .,,~ . '. J I"" l..' 1I11I1111111111111111111111111111111111111111111111111I ~~n14:~~ Sn.il.y Vano.-Gailaltn Co MT MISC 36.00 ACCEPTED: CITY OF BOZEMAN ~th~ Chris A. Kukulski, City Manager " , "'.,... ~, ATTEST: ':~"'?~\.." .,.":"",,,,"'''il~' I"".. \1" ',' ". '. ,'.,i l~~j_~ RQIll&... ,ILIk~AN" cj~tk:6f~ .. ~Oty qommission ~',:,_, ..... i..... ~:..." .......;.~ \' ' ". STATE OFM'ONT ANA ) ) ss. County of Gallatin ) On this l5fV\dayof ,.t !(?1J011I/fja{/y ,'ZfJL1, before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKl and ROBIN L. SULLN AN, known to me to be the 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. (SEA..},.}.", .:~/"' '( ~ r:~"'" '\,.,.. .....1.' ",.Ai i-) rf)." ~, ,. ::::.A -., \,.... ,--. \,;:' ) ).,. ". " ." : ~10\);'O: ,,; .~:\ \ v.:~, li:,' ~;',.~ ",... \t'" , "'-';':z';;. - - -" ,,,' ,.-' \l/?in ~' L l(JA..,~~ ml flf!lZ- NO~ Public for e Stat.e o~Montana , Q -RV\.e Gf(J A/lA J 7@!-Y Printed Name of Notary Publ c Residing in Bozeman, Montana My Commission Expires .3! l-, s- / ZOo 7 I 1111111 11111 11111 1111111111111111111111 11111111 11111111 ~I~~:~~p Shelley Vanoe-Gallaltn Co MT MISC 36.00 , i ATTACHMENT A FOR THE PROPERTIES AT 2320 WEST BABCOCK ST. 2518 WEST BABCOCK ST. and as described on plat recorded at Gallatin County Courthouse at 24 FM 425 CONDITIONS FOR CONSTRUCTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THESE PROPERTIES TO MAKE THE IMPROVED WEST BABCOCK ST. COMPATIBLE WITH THE PROPERTY The conditions relative to improving this private property are listed as follows: 2320 West Babcock St., Stephens Enterprises Limited Partnership; Dave Stephens (522-9173). One water service line will be stubbed into your property at the approximate City of Bozeman standard location. One 8" sewer main will also be stubbed into your property at the location illustrated on the attached exhibit. It will be necessary to remove one large deciduous tree to accommodate the new sewer main. Connections to your existing sewer piping will be addressed as provided in right-of-way acquisition proceedings with the City of Bozeman. 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. We will attempt to leave the remaining 7 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. The driveway will be replaced for approximately 5 feet beyond the back of the new sidewalk to match the grade, surface material, and width of the existing driveway surface. The approach will be constructed to meet City of Bozeman requirements. Disturbed lawn areas shall be restored with sod. All work with be performed within the construction work area illustrated on the attached exhibit (Stephens Enterprises, 2320 W. Babcock St., Bozeman, MT 59718). 24 FM 425, Stephens Enterprises Limited Partnership; Dave Stephens (522- 9173). Water and sewer lines will be stubbed to the property at approximate City of Bozeman Standard locations. The location of the piping 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 the existing contours of your property. The existing culvert crossing West Babcock St. will be replaced to align with East Catron stream/ditch channel and the channel regraded to accommodate the new culvert pipe. A new drive approach will be installed along the west boundary of the property to match the width of the existing gate. The approach will be constructed to meet City of Bozeman requirements. Disturbed areas will be seeded with the native grass seed mix. All work will be performed within the construction work area illustrated on the attached exhibit Stephens Enterprises, 24 FM 425, Bozeman, MT 59718). 111111111111111111111111111111111111111111111111111111 ~~?:14:~~ Shalley Vanca.Gallattn CD MT MISC 38.00 . - ~ I 2518 West Babcock St.. Stephens Enterprises limited Partnership. Water and sewer service will be provided by the existing mains located along the east boundary of your property. The property owner will be responsible to installing the services at the time the property is connected to the City of Bozeman municipal water and sewer systems, 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, surface type, and width of the existing driveway surface. The approach will be constructed to meet City of Bozeman requirements. Disturbed lawn areas shall be restored with a natiVe grass seed mix. The existing hedge in front of the home will remain in place but will need to be trimmed to accommodate the new sidewalk. All work will be performed within the construction work area illustrated on the attached exhibit (Stephens Enterprises, 2518 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 8t. 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 tenns of Contract with the City of Bozeman. Agreed: END H:\0417\039\docs\CORAESP\Slephens Limited partnership_A TIACHMENT A_'.doc /1111 11111 III~ 11111 ~IIII II~II 11111111 11111 11111111 ~:n14~~p S"elley Va"oe-Gallal tn Co MT MISC 3 . n "'.'_ 15.00 , . , , , ~ ,~ TlMO THY H. RIGBY -,,----,,_____'.NAOM RIGBY LOT 1A LOT 1 BLOCK 2 M__._..,~._.,_,.~_.~~__ ----- -y " I ~~ ...,........,... "f.".. ' DONALD D. 8EA TTY 57 FM 2458 w z ::i ~ a:: w D.. o a:: D.. LEGEND: (,~,:_'~.."~,."'~..;-v"') -~ ,.,"', ,'.."" ,I .;:"~' " '~_." ~ .', . [~:-~] "--oHP~ '''.,.'''''---.-.- TEl. ~_._._- . ........._........()AS .M'~~.~=~.M_ 'i1! .~"^'........_.........._ . wv ----- PROPOSED EASEMENT 32.5' OFF SECTION LINE --- ---- d . ,., ~" ..,.~ ...~,.,. .............-........-.- --.-." .~.."'.".."''''.'".~- +//'rJSTEVE L.-;ENZ J(\ / SUSAN J. SMILEY . f! (Ii.~',i;:; 110 FM 2885 F-~\i")) 144 / 537. PLA T REGRADE EXISTING DRIVEWAY FOR 20' BEHIND SIDEWALK / I P GRAPHIC SCALE ~~ '15 _/ ( IN FEET ) ) 1 inch = 30 ft. i '..,"'-'" 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 I iJ~\~t~,~C. .... II ....' .. It .. ........ 1'0 .. 1113,. 1011 ... ...... .... SIm . ~ (4IlI) S-mt Fe: (401) SI'1~n" I I TOE OF SLOPE / I I STEPHENS ENTERARISESI LIMITED PARTNERfHIP~~; 172 FM 381' TRACT VW-l CDS 1227/ CUENT' FIELD WORK' DRAWN BY: KDJ/KSS CHECKED BY.GJS VICINITY MAP - - - - -".. DATE: 03/24/04 SCAlE: 1'-30' PRQJ 0417/039 30 I TOE OF SLOPE :. STORM WATER SEWER WATER SERVICE SEWER SERVICE "''''====c:,o, CULVERT IE POWER PEDISTAL II! TELEPHONE PEDISTAL 'C2.J OVERHEAD POWER POLE FIRE HYDRANT ~ FIRE HYDRANT Stephens Enterprises 2518 W Babcock 8t Bozeman, Mt 59718 PLOTTED DATE: Apr /21/2004 11 :32:48 om DRAWING NAME: H:\0417\039\Aood\Exhlblb-ROW\ St.phono...,Ent,dw9 SHEET ----1..- OF ---L- P\,DmD In', IIHIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIII ~I~~:~~p " Shalley Vanoa~Gallaltn Co MT MISC 36,00