HomeMy WebLinkAbout36_UtilityEasementApprovalLetters_101820211
After recording return to:
Medical Arts Building LLC
20 North Tracy Avenue
Bozeman, MT 59715
ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT (“Agreement”) is made this ______ day of
___________, 20____ (the “Effective Date”), by and between Medical Arts Building LLC, a
Delaware limited liability company (“Medical Arts Parcel Owner”) and Snow Ridge Properties,
LLC, a Montana limited liability company (“301 N. Wilson Owner”; Medical Arts Parcel Owner
and 301 N. Wilson Owner are sometimes referred to in the singular as an “Owner” and in the plural
as the “Owners”).
W I T N E S S E T H:
WHEREAS, Medical Arts Parcel Owner is the owner of that certain parcel of real estate
legally described as Lot 1A of Amended Plat C-44L in Block 4 of the Beall’s Third Addition to
the City of Bozeman, located in the Northwest 1/4 of Section 7, Township 2 South, Range 6 East,
P.M.M., Gallatin County, Montana (the “Medical Arts Parcel”); and
WHEREAS, 301 N. Wilson Owner is the owner of that certain parcel of real estate legally
described as Lots 11 and 12 in Block 4 of the Beall’s Third Addition to the City of Bozeman,
located in the Northwest 1/4 of Section 7, Township 2 South, Range 6 East, P.M.M., Gallatin
County, Montana (the “301 N. Wilson Parcel”; the Medical Arts Parcel and the 301 N. Wilson
Parcel are sometimes referred to in the singular as a “Parcel” and in the plural as the “Parcels”);
and
WHEREAS, the Owners are desirous of entering into this Agreement to grant to each other
reciprocal easements for access in and to certain Easement Areas legally described and depicted
on Exhibit A, attached hereto;
NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00) in
hand paid, the covenants contained herein and other good and valuable consideration, the receipt,
adequacy and sufficiency of which are hereby acknowledged, the Owners hereby agree as follows:
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1. Grant of Easement to 301 N. Wilson Owner. Subject to the terms and conditions of
this Agreement, Medical Arts Parcel Owner hereby grants to 301 N. Wilson Owner and its
successors and assigns a permanent, irrevocable, non-exclusive easement appurtenant to the 301
N. Wilson Parcel for use of that portion of the Medical Arts Parcel containing 1,249 square feet,
more or less, legally described and depicted on Exhibit A, attached hereto, as “Access Easement
(Area #1)” (hereinafter defined as “Easement Area #1”).
2. Grant of Easement to Medical Arts Parcel Owner. Subject to the terms and
conditions of this Agreement, 301 N. Wilson Owner hereby grants to Medical Arts Parcel Owner
and its successors and assigns a permanent, irrevocable, non-exclusive easement appurtenant to
the Medical Arts Parcel for use of that portion of the 301 N. Wilson Parcel containing 250 square
feet, more or less, legally described and depicted on Exhibit A, attached hereto, as “Access
Easement (Area #2)” (hereinafter defined as “Easement Area #2”; Easement Area #1 and
Easement Area #2 are sometimes referred to collectively as the “Easement Area”).
3. Grantor and Grantee; Benefited Parcel and Burdened Parcel. An Owner granting
an easement in this Agreement is sometimes referred to as a “Grantor” and an Owner benefiting
from an easement granted in this Agreement is sometimes referred to as a “Grantee”. Where this
Agreement imposes rights or duties upon a Grantor or Grantee, the terms “Grantor” or “Grantee”
include such party’s shareholders, partners, members, owners, directors, officers, employees,
tenants, contractors, agents, invitees, and licensees, as applicable. A Parcel burdened by an
easement granted in this Agreement is sometimes referred to as a “Burdened Parcel” and a Parcel
benefited by an easement granted in this Agreement is sometimes referred to as a “Benefited
Parcel”.
4. Purpose of Easements. The easements granted herein are for the purposes of ingress
and egress to and from the Benefited Parcel consistent with the use of a shared public alley. The
easements granted herein are for reasonable vehicular and pedestrian access and do not include
any right of the Grantee to construct improvements or to place or install fixtures, equipment, or
other obstructions upon the Burdened Parcel. No rights are granted in or to any portion of the
Burdened Parcel other than the portion of the Easement Area located thereon.
5. Maintenance; Damage and Repair. Except as otherwise expressly provided for
herein, the Grantor shall be responsible for the maintenance, repair, and replacement of the paved
surface of the Easement Area located within its Parcel. The Grantee shall promptly repair any
damage to the Easement Area or the Burdened Parcel or the improvements thereon caused by the
Grantee, such that the damaged portions of the Easement Area and the Burdened Parcel are
restored to an equal or better condition than existed immediately prior to such damage.
6. Indemnity. The Grantee shall indemnify, hold harmless, and defend the Grantor
from and against any and all claims, demands, costs (including, without limitation, attorneys’ fees),
damages and other liabilities for death, bodily injury, personal injury, or physical damage to
property arising or resulting from the use by Grantee of the Burdened Parcel, except as may arise
or result from the gross negligence or intentional misconduct of the Grantor.
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7. Covenants Running with the Land; Successors. This Agreement is perpetual and
permanent. All the covenants, agreements, conditions, restrictions, and easements set forth in this
Agreement are intended to be and shall be construed as covenants running with the land, binding
upon, inuring to the benefit of and enforceable by each of the Owners hereto, and all subsequent
owners of the Parcels.
8. No Third-Party Beneficiaries or Public Dedication. This Agreement is intended to
benefit and burden only the Owners and their successors and assigns and not any third parties. The
Owners do not intend to dedicate the Easement Area for public use.
9. Costs and Attorneys’ Fees. The prevailing party in any suit to enforce this
Agreement or seek damages under this Agreement shall be entitled to reimbursement of court costs
and reasonable attorneys’ fees incurred in connection therewith.
10. Entire Agreement; Amendments. This Agreement contains the entire agreement
between the Owners regarding the subject matter hereof and there are no representations or
warranties between the Owners that are not set forth in this Agreement. This Agreement cannot be
changed or terminated orally but only by an agreement in writing signed by both Owners.
11. Applicable Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Montana.
12. Partial Invalidity. If any provision of this Agreement or the application thereof to
any Owner or circumstances shall, to any extent be invalid or unenforceable, the remainder of this
Agreement shall not be affected thereby and each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
13. Incorporation of Recitals & Exhibits. All recitals set forth at the beginning of this
Agreement and exhibits referenced in this Agreement constitute a material part of this Agreement
and by this section are expressly made a part hereof.
14. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original and all of which together shall comprise but a
single instrument.
The remainder of this page is intentionally left blank.
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IN WITNESS WHEREOF the Owners have executed this Agreement under seal as of the
date first above written.
MEDICAL ARTS BUILDING LLC,
a Delaware limited liability company
By:
Name:
Its:
STATE OF MONTANA )
) SS
COUNTY OF GALLATIN )
The foregoing instrument was acknowledged before me this _____ day of ________, 20_____
by _____________________, as ______________________ of Medical Arts Building LLC.
Notary Public for the State of Montana
Printed Name:
Residing At:
My Commission Expires:
SNOW RIDGE PROPERTIES, LLC,
a Montana limited liability company
By:
Name:
Its:
STATE OF MONTANA )
) SS
COUNTY OF GALLATIN )
The foregoing instrument was acknowledged before me this _____ day of ________, 20_____
by _____________________, as ______________________ of Snow Ridge Properties, LLC.
Notary Public for the State of Montana
Printed Name:
Residing At:
My Commission Expires:
From:Luke, Edward Edward.Luke@charter.com
Subject:RE: Block 4 Easement Exhibits
Date:August 3, 2021 at 2:50 PM
To:Andrew Gault ag@hbpartners.com
Andrew,
The easement provided by Stahly Engineering for Lots 1-12, Block 4 of the Beall’s third
addition are sufficient for Charter Communications.
Thanks
Ed Luke | Construction Coordinator | C: 406.595.6002| F: 406.586.6381|
201 Evergreen Dr Suite B | Bozeman, MT, 59715
From: Andrew Gault <ag@hbpartners.com>
Sent: Wednesday, July 28, 2021 4:35 PM
To: Graham, Kory <Kory.Graham@northwestern.com>; Luke, Edward
<Edward.Luke@charter.com>; Jones, Jana (Network)
<Jana.Harmon@CenturyLink.com>
Cc: Cordell Pool <cpool@seaeng.com>
Subject: [EXTERNAL] FW: Block 4 Easement Exhibits
CAUTION: The e-mail below is from an external source. Please exercise caution before opening
attachments, clicking links, or following guidance.
Kory/Ed/Jana,
Thank you for everyone’s attention on the One 11 2.0 relocation project. I look forward to
it getting started next week.
On a related note the Block 4 portion of the relocation project is coming up quickly and
we’ll need the same type of letters for the City stating that the easements provided are
acceptable for your facilities.
Attached are a copy of the civil site plan and proposed 8’ easement on our property
adjacent to the 14’ alley right of way. Please review and let me know what questions you
may have.
Ed and I plan on meeting at 3pm Monday to walk and discuss if you are available to join.
Thanks,
Andrew Gault
HomeBase Partners
20 North Tracy Avenue
Bozeman, Montana 59715
O: 406.404.1788
M: 703.677.6360
M: 703.677.6360
www.HBPartners.com
From: Cordell Pool <cpool@seaeng.com>
Date: Wednesday, July 21, 2021 at 3:58 PM
To: Andrew Gault <ag@hbpartners.com>
Subject: Block 4 Easement Exhibits
Andrew:
Here are the easement exhibits for Block 4. There are two easements, a 5’ access
easement and an 8’ utility easement with bump outs.
Each easement will require granting by two property owners, the Block 4 owner and the
new MCC site owner. Depending on the legal documents these may need to be split out
so there are unique documents for each easement and each lot owner. This is an easy
change if required.
I have also included a recent Block 4 Civil Site Plan that shows how these easement
relate to the site and building.
Cordell Pool, PECordell Pool, PE
Project EngineerProject Engineer
Stahly Engineering & Associates, IncStahly Engineering & Associates, Inc
851 Bridger Drive, Suite 1 | Bozeman, MT 59715
Phone: (406) 522-9526 | Fax: (406) 522-9528
www.seaeng.comwww.seaeng.com
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121 East Griffin Drive | P.O Box 490 | Bozeman, MT 59771 | New Construction: 406-582-4600
NorthWesternEnergy.com
September 13, 2021
Andrew Gault
Homebase Partners
20 North Tracy
Bozeman, MT 59715
Dear Andrew Gault,
The easements that are depicted on Exhibit “A” along lots 1-12 of Block 4 of Beall’s Third addition for
the Block 4 project, prepared by Stahly Engineering and dated 6/15/2021 are adequate for Northwestern
Energy. Please contact me if you have any questions or require additional information.
Sincerely,
Kory Graham
Project Engineer
Kory.Graham@northwestern.com
121 East Griffin Drive
P.O. Box 490
Bozeman, MT 59771
C: (406) 274-5920
After Recording, return to:
City of Bozeman
City Clerk’s Office
P.O. Box 1230
Bozeman, MT 59771
UTILITY EASEMENT
Medical Arts Building, LLC, and Snow Ridge Properties, LLC, GRANTOR(S), in consideration
of $ 1.00 and for other and valuable considerations, 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 the use of each and every person, firm or corporation, whether public or
private, providing or offering to provide telephone, electric power, gas, internet, cable television
or other similar utility or service, the right to the joint use of an easement for the construction,
maintenance, repair, and removal of their lines and other facilities, in, through, and across a strip
of land situated in Gallatin County, Montana, See Exhibit A , feet wide to be located on the
following described real property:
Lot 1A of Amended Plat C-44L, and Lots 11 and 12 of Block 4 of Beall’s Third Addition
to the City of Bozeman,
The easement is more particularly described and depicted on Exhibit A, which by this
reference is made a part hereof.
The GRANTOR(S) states that they possess the real property described above and that
they have a lawful right to grant an easement thereon.
The GRANTOR(S) further agrees that the GRANTEE may peaceably hold and enjoy the
rights and privileges herein granted without any interruption by the GRANTOR(S).
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 .
MEDICAL ARTS BUILDING, LLC.
(Owner of Lot 1A)
By:
Name:
Its:
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 / /200
SNOW RIDGE PROPERTIES, LLC.
(Owner of Lots 11 and 12)
By:
Name:
Its:
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 / /200
ACCEPTED:
__________________________
CITY OF BOZEMAN
by ________________________
City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ________ day of ___________________, 20 , before me, a Notary Public for
the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, 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