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HomeMy WebLinkAboutC13. Fiber Optic Utility Easement1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Director of Economic Development SUBJECT: Gallatin County Fairgrounds Fiber Optic Utility Easement. MEETING DATE: July 13, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager, on behalf of the Grantee, the City of Bozeman, to sign a Fiber Optic Utility Easement with the Grantor, Gallatin County. (ATTACHMENTS 1 and 2) BACKGROUND: The proposed easement is part of the implementation of the Bozeman Fiber Master Plan by providing a future fiber path across the Gallatin County Fairgrounds connecting the northern segment of the core fiber network proposed on Oak Street to the eastern segment of the core fiber network proposed on North Montana Avenue. (ATTACHMENT 3) UNRESOLVED ISSUES: None at this time. FISCAL EFFECTS: Consideration to Gallatin County for the Fiber Optic Utility Easement is in the amount of $1.00. Attachments: 1. Fiber Optic Utility Easement; 2. Fiber Optic Utility Easement Exhibit A; and 3. Bozeman Fiber Master Plan proposed fiber route map. Report compiled on: July 1, 2015 225 Fiber Optic Easement - Page 1 of 3 FIBER OPTIC UTILITY EASEMENT GALLITAN COUNTY, GRANTOR, in consideration of $ 1.00 and for other and valuable consideration, receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual utility easement for fiber optic lines, equipment and appurtenances exclusively for the use and benefit of the public, in, through, and across a strip of land situated in Gallatin County, Montana, 10 feet wide to be located on the following described real property: Gallatin County Fairgrounds in the Imes’ Addition To The City of Bozeman. The easement is more particularly described on the attached Exhibit A which by this reference is made a part hereof. Such grant is for only such rights as are necessary for construction, operation and maintenance of the fiber optic improvements. GRANTEE, shall maintain the same and shall have the right to enter upon said premises and strip of land for the purpose of surveying, excavating for, laying, constructing, operating, repairing, relaying and maintaining said fiber optic lines and for the purpose of enabling GRANTEE to do any and all convenient things incident to such constructing, operating maintaining such fiber optic lines, equipment and appurtenances. GRANTEE agrees to assume sole responsibility for the construction, operation and maintenance of any of the above referenced improvements within the easement premises as described above and shall return the property to its original condition after construction, operation and maintenance. GRANTEE is hereby given and granted the non-exclusive possession of said above described premises only for the stated purpose and GRANTOR covenants and agrees that no new building, structure, fence, wall or other above ground obstruction will be placed, erected, installed or permitted upon the easement premises as described above; and further covenants and agrees that in the event the terms of this paragraph are violated by the GRANTOR or any person in privity with them, such violation will be promptly corrected and eliminated immediately upon receipt of notice from GRANTEE. This Easement together with all provisions of this grant shall run with the land and continue as long as GRANTEE uses the land consistent with Declaration of Protective Covenants Open-Space Land and Voluntary Conservation Easement Act and Abstract of Resolutions of the Board of Gallatin County Commissioners recorded as Doc. No. 2395779 in the office of Gallatin County Clerk and Recorder. 226 Fiber Optic Easement - Page 2 of 3 GRANTEE agrees to defend, indemnify and hold harmless GRANTOR, its officers, agents and employees, from and against all claims, demands, judgments, costs and expenses (including reasonable attorney's fees) which may arise by reason of injury to any person or damage to any property attributable to the negligence of GRANTEE, in connection with GRANTEE's construction, operation and maintenance of the above referenced improvements and its use of or presence on the easement premises as described above. The GRANTOR states that he possesses the real property described above and that he has a lawful right to grant an easement thereon. The GRANTOR further agrees that 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 shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. DATED this day of , 20 . By: GRANTOR STATE OF MONTANA ) ):ss County of Gallatin ) On this day of , 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be of and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission expires / /20 227 Fiber Optic Easement - Page 3 of 3 ACCEPTED: __________________________ CITY OF BOZEMAN by ________________________ City Manager ATTEST: City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this ________ day of ___________________, 2 , before me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI and STACY ULMEN, known to me to be the City Manager and City Clerk, respectively, of 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 Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires / /20 228 229 Hyalite Elementary School Chief Joseph Middle School Fire 3 and 911 Meadowlark Elementary School MSU Innovation Campus Fire 2 Bozeman High School Bridger Alternative High School Law and Justice Center Judge Guenther Memorial Center County Detention Center Irving Elementary School County Courthouse Wilson Building County Public Assistance County Rest Home Health Department Emily Dickinson Elementary School Bozeman Parking Garage Whittier Elementary School County Fairgrounds Bozeman Senior Center New Police and Courts City Shop Complex Beall Park Center Hawthorne Elementary School Fire 1 Bozeman City Hall Bozeman Public Library Professional Building Hospital Longfellow Elementary School Morning Star Elementary School Sacajawea Middle School MSU Water Reclamation Facility 0 2,500 5,000 7,5001,250 Feet Bozeman, MT - Network Design: Comprehensive Network Architecture ¯ Legend !A Structures Potential Conduit North Alley StreetscapePlanned Fiber Red Phase Gold Phase Green Phase Lateral FutureExisting Network Zayo Long Haul Zayo Metro Fiber Locations Community Anchor Institute Residential Customer Commercial Building Tax Increment District 230