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HomeMy WebLinkAbout04- Wenzel, Steven & Smiley, Susan J; 2502 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 Steven L. Wenzel and Susan J. Smiley 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-MaierIe, Inc., has entered into an agreement with the Grantors, attached hereto as "Exhibit 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, Steven L. Wenzel and Susan J. Smiley, owners of the property located at 2502 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 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 10 feet wide and 85.15 feet long across the northern edge of Parcel Number 23, 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 85.15 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, and as recorded 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 "B" attached hereto. vi (PLATrI!D Q IIII~ III~ ~IIII~U 11111 1111 IIIUI ~I UIII 1111 IUI ~:t~~4:~~ Shelley Vanoe.Gallatln Co ~T ~ISC 30.00 . . r 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 GRANTORS AGREE: (1) At no time, during the life of this temporary easement, will the Grantors build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of GRANTEE. (2) The GRANTORS warrant that they are 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 GRANTORS. 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 ~ v..-l) ,200'1 . 10RS ~te n~e~~ :? / . STATE OF MONTANA ) ) ss. County of Gallatin ) On this 3D day of :s u \ 'j ,2004 before me the undersigned, a Notary Public for the State of Montana, personally appeared Steven L. Wenzel and Susan J. Smiley known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. Shauna L Deckert NOTARY PUBUC for the State of Montana Residing In Belgrade Gallatin c:rv My Commission expires March 29, 2007 J3n~S.~.. 11I1I1I1~1I11 ~1I111111111111111111111111111 ~t~~~(~~ Shelley Vanoe.Gal1atln Co ~T ~ISC 30.00 . .. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) ~~~~~~~~--~~~------~~~-~-~~~ Notary Public for the State of Montana Printed Name of Notary Public Residing at My Commission Expires ACCEPTED: - '." ager ,.. '. County of Gallatin On this OJ.fh day of ~ ' 2f2.!!J..., 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. -,.:./ (SEAL) lL.(e.{;\L. .' , ,.(,1' Nrtary, Public for ,the tate of' ontana (, ',c, 0:). 1, or' ~, , ..~ \ ~l', :" ., f.l.) '0 ':' .elf,.filL fiVCbvt)y'l~ " ;""'.. c.; i ~-! p, Printed Name of Notary Public .:;.:. . ),... ,~I ~(" Residing in Bozeman, Monta3/ . I "1 ~"". """,,,", .,', . . ....\...,.. I'i" " \ ,,'.' My Commission Expires . Z5 2:TJo ~ ,~_ f ~ 'IIr' ," ,",\ 110111 IIllll1lll~O 111I1 0111111111111111111111111 ~~;~&4:~~ Shelley Vanoe.aallatln Co ~T ~ISC 30.00 -- 06/09/2004 09:58 FAX 406 587~238 MORRISON-MAIERLE l4J 002/002 .. .. . ATTACHMENT A FOR THE PROPERTY AT 2502 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: . 2502 West Babcock St., Steven Wenzel & Susan Smiley (586-5769). Water and sewer service will be provided by the existing mains located along the west boundary of the property. A flit 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 Contractor shall supply and deliver to the site 15 fIVe-gallon cotoneaster bushes for the property owner to plant. We will attempt to leave 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 approach will be constructed to meet City of Bozeman requirements. Disturbed lawn areas shall be restored with sod. All work will be performed within the construction work area illustrated on the attached exhibit (steven Wenzel & Susan Smiley, 2502 W. Babcock st., Bozeman, MT 59718). The signatures below signify 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 perfonned 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 sh.dl be covered under a one-year warranty, and the correction of any prOblems or failures within that period shall be mpleted by the Contractor under the terms of Contract with the City of Bo%aman. Agreed: / Agreed: /' ;/' Susan END H:\Q.417\Oa9\docsICORRI:SP\Steven Wn.:el & Susan SmIl8y_ATTACHMENT A.doc 11'''" 111111111110111111111 11111 01111111101 g~~:4~~, Shelley Vanoe-Gallatln Co ~T ~ISC 30.00 - 1111tll~ 11111111111 I~II 1111111111111111111111111 g~~4:~~, PROPOSED ROW Shelley Vanoe.Gal1atln Co ~T ~ISC 30,00 32.5' OFF I LOT IA Jfr SECTION LINE LOT 9A ~.. ._~----- X ...\./. ............. ~ ~ ---- ------- - - --- -- ___ ,""i:'/" :::,,::,,:, ) "----... : -- ----. --~. ~ ~...~~_.~~~_. 'I' ...._"---~ . ~ -. ------~._- - - -- .. OffP__ ---~- u...__._...._..... _._~ -- .. "~~,..,..... ------. TOE OF SLOPE REGRADE RA YMOND R. ROWE DRIVEWAY FOR EDITH J. ROWE ~ 5' BEHIND NEW w DEWALK ~ DOC 2048810 STEPHENS ENTERPRISES 5 VEN~id i 144 / 208, PLAT LIMITED PARTNERSHip 172 FM 389 SUSAN J. SMILEY D::: a.. GRAPHIC SCALE 110 FM 2885 30 15 30 TRACT VW- 1 CDS 1227 ( IN FEET ) 144 / 537, PLAT 1 inch = 30 ft. LEGEND: TOE OF SLOPE ,../....."-.').......',..v....... EXISTING VEGETATION I TREES h~ .. STORM WATER SEWER \ I '''''''''=G;''\,.;~.'(./\"", ",I WATER SERVICE . NEW VEGETATION I TREES SIDEWALKS SEWER SERVICE OVERHEAD POWER (OHP) :;;::::~';;;;;;;;':.:.~.~:~:::':':::'~.::.':""';;:~~;:. CULVERT --OHP----- n"( TELEPHONE LINE (TEL) [2] POWER PEDlSTAL GAS MAIN (GAS) l1J TELEPHONE PEDISTAL s:, SANITARY SEWER MAIN (SS) cO.> OVERHEAD POWER POLE . WATER MAIN (WTR) SANITARY SEWER MANHOLE FIRE HYDRANT WATER VALVE ~ FIRE HYDRANT ~MORRISON - -- Steven Wenzel & Susan Smile MAIERLE,INC. - ..- 2502 W Babcock St """,- ...............~~ PO a- 11130 1101 T........... IIId, ItI!nnul. WI. 5U771 . PhIIM: (a) ~--wl1 rlllr. (401) !e7-l1n Bozeman, Mt 59718 CLIENT: FIELD WORK' DATE: 03/24/04 PLOTTED DATE: Apr /22/2004 - 02:22:38 pm DRAWING NAME: H'~17\039\Acod\r.h;bao-ROW\ DRAWN BY: KDJ/KSS SCALE: 1"-30' s... IIoy.d"Q CHECKED BY'GJS PROJ 0417/039 SHEET --1...- OF ---1...- PI.OI1[[) BY; Exhibit "B"