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Home My WebLink About16- Sewer and Water Pipeline and Access Easement and Agreement - Cannery District Partners, LLC., Imes Addition Return to: City of Bozeman—City Clerk PO Box 1230 Bozeman,Montana 59771-1230 PLATTED' j' 2548874 Page: 1 of 4 06/23/2016 09:33:46 AM Fee $28.00 Charlotte Mills - Gallatin County, MT MISC IIII II 11111 II III IIIII1I I11 II 11111111 II 111111 111111111111 IIIII�� SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT CANNERY DISTRICT PARTNERS, LLC, a Montana limited liability company, 1006 West Main Street, Bozeman, Montana 59715 ("Grantor'), in consideration of one dollar($1.00) and for other good and valuable consideration, receipt of which is hereby 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 easement to lay, construct, and maintain, sewer and water pipelines with the usual services, valves, connections, accessories, and appurtenances for the purpose of transmitting water and waste water in, through, and across strips of land situated in Gallatin County, Montana, which strips are 30' in width, to be located on the following described parcels of real property: All of Block 2 of the Imes Addition to the City of Bozeman located north of Tract A of Certificate of Survey C-41-D and south of Oak Street established by Ordinance 575, Misc. Bk. 10 page 617. (Deed reference in Document No. 2206846, records of Gallatin County, Montana). Tract 3A of Correction Certificate of Survey No. 212813, to the City of Bozeman, Gallatin County, Montana, according to the official survey thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County,Montana. The easement area and location is more particularly described on the attached Exhibit A, which by this reference is made a part hereof. This grant includes the right of the Grantee, its successors, permittees, licensees, and assigns, and its and their respective agents and employees, to enter at all times upon the above-described land by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the Grantor(s) in order to survey and establish the route and location of the easement and the pipelines and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipelines, services, connections, accessories and appurtenances; (2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the boundaries of the easement which may, in the reasonable opinion of the Grantee, interfere or threaten to interfere with or be hazardous to the construction, operation and maintenance of the pipelines; (3) Grade the land subject to this easement and extend the cuts and fills of this grading into and on the land adjacent to that which is subject to this easement to the extent Grantee may find reasonably necessary; and (4) Support the pipelines across ravines and watercourses with structures Grantee reasonably deems necessary. THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewer and water pipelines, it will repair or replace, at its sole expense, or pay to Grantor the reasonable value of any damages to growing crops, existing fences, ditches, and other appurtenances of said land that may be disturbed by its operation. (2) That, during operations involving excavation, it will remove the topsoil from the trenched area to a depth of one foot, or to the full depth of the topsoil,whichever is less, and stockpile said top soil for replacement over the trench. It will remove from the site any large rocks or surplus excavating material or any debris that may have been exposed by the excavation and remains after backfilling is completed. And, it will leave the finished surface in substantially the same condition as existed - 1 - prior to the beginning of operations except that the surface of backfilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. THE GRANTOR AGREES: (1) At no time will it build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of Grantee. (2) At no time will it modify the finished grade of the land over the pipeline by removal of existing soil or by placement of fill material within the boundaries of said easement without the prior written consent of the Grantee. (3) That where the subject improvements are not located under improved public or private streets or other provided access, a 12 foot wide all-weather access road may be constructed within the easement where at the City's discretion such access is required for operation and maintenance purposes. (4) 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 forever defend the title to this property against the claims of all persons. (5) 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 ofthe parties hereto. DATED this day of J� � , 2016. GRANTOR: Cannery Di , ' t Partne ,LLC by: CDP anagem, t,LLC,Manager � r by: a L. Br Manager STATE OF MONTANA ) ss. County of Gallatin ) On this Y, day of , 20 `;: , before me the undersigned, a Notary Public for the State of Montana, personally appeared, BARRY L. BROWN, known to me to be a Manager of CDP Management, LLC, the Manager of Cannery District Partners, LLC, 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 CDP Management,LLC,the Manager of Cannery District Partners, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. / i Notary Public for the State of Montana ' CRESSIE IVERS �SSIF r�F Notary Public "401AA 4' =_for the State of Montana^ (Printed Name) - Residing at: I Residing at Bozeman Montana E�ozerr�an, Montana My Commission Expires , 20 T9T� <T My Commission Expires: c'`p•�or January 14,2018 -2 - ACCEPTED: CITY OF��BOZ,�EMAN by: C1 \ Chris A. Kukulski, City Manager ATTEST �` �4 y o.•r A City Clerk YrT J STATE OF MONTANA ) ss. County of Gallatin ) On this ..2(� day of �w�_ 20'1 p , before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKI and ROBIN CROUGH, known to me to be the City Manager and City Clerk 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. ,,pica;'' :, PEARL MICHALSON Notary Public for the State of Montana 'S'' Notary Public <'4�•NOl Alliq�z for the State of Montana - - Residing at: (Printed Name) N9 SEAL. Bozeman, Montana Residing at man,Montana OF Mo My Commission Expires: M mission Expires , 20 101 March 10,2020 4 - 3 - N EXHIBIT 'A' WATER AND SEWER EASEMENT LOCATED WITHIN THE SW 1/4 SECTION 6, T2S, R6E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA U Z, _ a1 Z F &O Jam 00 G°0 a ^� 9 w Emote GO w� LL m mwU N O< O to Imo-U w O / UWCL A m a d / O U m Z / N STREETS AND ALLEYS Z VACATED BY OTHER I DOCUMENTS m o I MONN BOX ® NEW WATER AND SEWER EASEMENT WITHIN VACATED STREETS I ( TOTAL AREA = 19553SF OR 0.45 ACRES ^ryo 5� \MEgVO s RpV��\e`1 N54'56'14"W Poa 52.78' 0 I ( 0 I I m ( I 3 1 f„ EXIST 30'x30' WATER I O ESMT. TO REMAIN Fml68Pg3058 Ns I 00 tt7 P\z�co`ti 2,2ag a N N (O Gp5 1 1 EXISTING WATER AND o n � SEWER EASEMENT h d— — — _ — — J )EWER — — — — — — —� —w M\NR�P 0. — — — — — - FND REBAR W 00 00 N I lavo 00 00 PNp W N f0 f0 (p v'Z. N NF/NS STRONG � MAG SIGNAL L=10.32' '> 'UNDER SW FND 5/8" REBAR 1.75' 0.50' EAST OF CORNER L=203' NO2'01'44"E 225.78' L=30.02' m r FND 5/8" N N REBAR S02'01'44"W 30.01' R=261.56' 241.65' A=007'21'23" N89'34'28"W L=33.58' 28.25' S02'01'44"W CHD BRNG=N61'20'43"W 30.01' CHD LGTH=33.56' BASIS OF BEARING: US STATE PLANE 1983, MONTANA 2500, NAD �" 1983, INTERNATIONAL FEET WITH GROUND PROJECTION AT: LEGEND NORTH LATITUDE: 45'-35'-28.99813" O FOUND 5/8" REBAR WITH "TDH" YPC 80 40 0 80 WEST LONGITUDE: 111'-11'-53.20892" UNLESS OTHERWISE NOTED. ELLIPSOID HT: 4926.66 sft. SET%"X16" REBAR WITH 1" ORANGE IN FEET ® PLASTIC CAP (OPC) MARKED "PUGH" VERTICAL DATUM: NAVD88 (GEOIDI2A) 15626 LS' MERIDIAN CONVERGENCE ANGLE= (—) 01'-14'-32" STAHLY ENGINEERING & ASSOCIATES EXHIBIT 'A' DESIGNED JRP PROFESSIONAL ENGINEERS & SURVEYORS DRAWN JRP CHECKED JRP www.seceng.com WATER AND SEWER EASEMENT DATE o5/8/2016 851 BRIDGER DR. STEA 404 W. BROADWAY 3530 CENTENNIAL DR LOCATED IN THE SW 1/4 t\NEEq�y� BOZEMAN, MT 59715 LEWISTOWN, MT 59457 HELENA, MT 59601 SECTION 6,T2S, R6E, PMM, CITY OF BOZEMAN SHEET Phone:(406)522-9526 Phone:(406)535-8594 Phone:(406)442-85 STAHLY Fox:(406)522-9528 Fox:(406)442-855794 GALLATIN COUNTY,MONTANA ^^ ti 1 of 1 7AT��