HomeMy WebLinkAboutResolution No. R19-78A RESOLUTION ACCEPTING AN EASEMENT FROM THE DIEFENDERFER FAMILY TRUST
FOR THE PURPOSE OF CREATING A PERPETUAL EASEMENT AND RIGHT-OF-WAY OVER,
ACROSS, UNDER, AND THROUGH THE DESCRIBED PROPERTY FOR THE CONTRUCTION
AND/OR INSTALLATION OF PUBLIC IMPROVEMENTS WITHIN THE MIDWAY RENTALS
COMMERCIAL PROPERTY.
WHEREAS, the City of Laurel and Montana Law requires the creation of certain public
easements and rights-of-way within new commercial construction for the purpose of the installation
and construction of public improvements including roads, water, wastewater and sewer systems which
benefit the citizens and residents of the area; and
WHEREAS, the development of the commercial construction known as Midway Rentals
currently requires the developer to construct public improvements that will cross property owned by
the Diefenderfer Family Trust; and
WHEREAS, the Diefenderfer Family Trust, by and through its Trustee's authorized and
approved the attached Easement Agreement in favor of the City of Laurel for the construction of certain
public infrastructure as provided therein; and
WHEREAS, the attached Easement Agreement contains the terms, conditions and location of
the affected property and is hereby incorporated as part of this Resolution as provided therein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana,
that the City Council hereby accepts the Easement attached hereto pursuant to the terms and conditions
contained therein.
Introduced at a regular meeting of the City Council on October 8, 2019, by Council Member
Klose.
PASSED and APPROVED by the City Council of the City of Laurel this 8"' day of October,
2019.
APPROVED by the Mayor this 8th day of October, 2019.
CITY OF LAUREL
Thomas C. Nelson, Mayor
ATT
Bethany Langv , erk- re surer
Approved to
Sam Painter, Civil City Attorney
R19-78 Accept Easement from the Diefenderfer Family Trust
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FOR A VALUABLE CONSIDERATION, receipt of which is
hereby acknowledged on this Ja± day of t —Aer .2019, the
underaigned DIEFENDEFER FAMILY TRUST, wfth theaddress of 3619
Flagstone Drive, Billings, Montana 59102, hereinafter called -Grantor,- hereby grants
and conveys unto the CITY OF LAUREL, a municipal corporation and political
subdivision of the State of Montana, of the address of W West First Street, Laurel,
Montana 59044, hereinafter called -Grantee,- a perpetual easement and right -of way
over, across, under, and through the following described tracts of red property in
Yellowstone County, Montana:
A strip of land 40 feet in width centered on the common lot line of Lot
IB, Block 1, Entertainment Park Subdivision and Lot 1A, Block 1,
Entertainment Park Subdivision (as recorded under documout #3793829 at
the office ofthe Yellowstone County Clerk and Recorder), from the north lot
Hue of said Lots IA and 1% south for 350' to the center of's 43.5 foot
radius cul-de-sac, Inclusive of said 43.5 foot radius cul-de-sac and a strip
of land 20 fact in width commencing from the intersection of the myth
end of said 43.5 foot radius cul-de-sac with the common lot line of said
Lot IA and IB, thence 3390 28' 30- E,.a distance of 74.5 fed to an
existing atom drain & sanitary sewer moment as is shown on
(E=rr "A") attached to this document.
This perpetual easement to Grantee is for the purpose of constructing,
reconstructing, maintaining, operating, servicing, repairing and replacing sanitary sewers
and/or water Imes over, across, under and through the said real property, together with
the right of fire ingress said egress at all times for the purpose of constructing,
reconstructing, maintaining, operating, servicing, repmn and replacing said sanitary
sewers and/or water lines and appurtenances, and adding additional sanitary sewer andlor
water lines.
Grantor shall conficue to have the right to use and enjoy the above-described
property, except as to the rights bereih granted, subject to the following restrictions:
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(a) Grantor and its successors agree not to construct, nor cause to be
constructed, within the easement right-of-way, any type of building or
structure, such as, but not limited to, houses, garages, sheds, kennels, fences,
nor any other fixed objects of any kind, shape or form, except as may be
licensed by Grantee.
(b) Grantor agrees not to plant, nor cause to be planted within the easement
right-of-way any trees, bushes, shrubs, hedges, nor any other plantings of .
a similar nature, except as may be licensed by Grantee.
(c) Grantor agrees that authorized representatives of the City of Laurel can
freely travel within the easement right-of-way with their equipment in the
performance of their duties at any time, day or night, regardless of outside
weather conditions.
(d) Grantor agrees to obtain the permission of the Public Utilities Department
or Grantee prior to placing or removing any fill dirt within the easement
right-of-way and, in addition, in the event such permission is granted, the
Grantor agrees to perform any work necessary to modify the existing
sanitary sewers and/or water lines and appurtenances, which work may be
required prior to placing or removing any fill dirt within the easement
right-of-way and all such work shall be done at the Grantor's expense and
without expense to the City.
(e) Grantor agrees that the sole responsibility of the City of Laurel for any
surface restoration due to any construction, replacement, repair or service
work to the sanitary sewer and/or water lines by the City of Laurel shall
be limited to trench backfill compaction and placement of backfill
material to existing grade by the City of Laurel.
(f) HOLD HARMLESS AGREEMENT:
1. Grantor agrees that the owner or owners of the above-describ«i
property shall at all times fully relieve and save harmless the City
of Laurel and its authorized representatives for any and all
damages of property that may be caused within said easement
right-of-way, such as, but not limited to, ruts or deep tracks in
lawns, gardens, or flower beds, broken or crushed shrubs, bushes,
hedges, trees or any other type of plantings; crushed, cracked, split
or otherwise damaged, irrigation piping and appurtenances; and
any other damage to any other type of object, material or
equipment located within the easement right-of-way which cannot,
with a minimum of human effort and within a few minutes time
period, be removed from the easement right-of-way by authorized
representatives of the City of Laurel in exercise of any of their
rights under this easement right-of-way.
2. Grantor agrees the owners of the stove -described real property shall
reimburse the City of Laurel for any and all damage claims paid
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by the City for damages of any type or nature to any and all
persons and entities in the event such damage results from or was
caused to happen by such owner's failure to comply with any portion
of the rights, restrictions, obligations or responsibilities contained in this
Agreement.
(g) The Restrictions, Covenants, and Hold Hamiless Agreements herein contained
shall attach to and run with the land and shall bind the parties hereto and all
persons claiming thereunder.
Grantor warrants and covenants that there am no Hans or other encumbrance on the described
tract or tracts.
The grant of this casement shall run with the land and shall be binding to the parties hereto, their
successors and their assigns.
a 7T,
STATE OF MONTANA
SS:
County of Yellowstone
On this 12*day ofSQ4e,-6er 20_, before me the undersigned Notary Public for the State of
Montana, personally appeared Stephen B. Diefenderfer and Rhonda R. Diefenderfer, as Co -Trustees of
the Diefendeder Family Trust, known to me to be the persons who signed the forgoing instrument, and
acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have beretaito set my hand and affixed my Official Sal the day and year in
this certificate above written.
(SEAL)
)<euttj Ltujaw
Notary Public for the State of Montana
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EXHIBIT )'A'$
PERPETUAL RIGHT-OF-WAY EASEMENT
50, 1 ov 200"
SCALE: 1 1 00,