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Home My WebLink About16- Fire Hydrant Easement Agreement - Cannery District Partners, Cannery District Return to: City of Bozeman—City Clerk PO Box 1230 Bozeman,Montana 59771-1230 PLATTED � 2548476 Page: 1 of 3 06/20/2016 10:48:20 AM Fee: $21.00 Charlotte Mills - Gallatin County, MT MIsc IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII(IIII IIIII IIIII 1IIIIII III IIIII IIIII IIIII IIII IIII FIRE HYDRANT EASEMENT AGREEMENT This Fire Hydrant Easement Agreement("Agreement") is made by CANNERY DISTRICT PARTNERS, LLC, a Montana limited liability company, 1006 West Main Street, Bozeman, Montana 59715 ("Grantor'), and the CITY OF BOZEMAN, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue,Bozeman,Montana 59715 ("Grantee"). RECITALS A. Grantor owns the following described land(the"Land"): Parcel within the City of Bozeman,Gallatin County: Tract 3A of Correction Certificate of Survey No. 2128B, to the City of Bozeman, Gallatin County, Montana, according to the official survey on file and of record in the office of the County Clerk and Recorder of Gallatin County,Montana. Parcels within Gallatin County: Tracts 1, 2, and 3 of Certificate of Survey 2877, a tract of land being Tract 1 and Tract 2 of Correction COS 2128B, and the parcel known as COS 2548, all located within the SWIA of Section 6, Township 2 South, Range 6 East, P.M.M, Gallatin County,Montana. B. Grantee and Grantor entered into a Sewer and Water Pipeline and Access Easement and Agreement dated February 27, 2015 (the "Pipeline Easement Agreement") affecting the Land. The Pipeline Easement was recorded March 27, 2015 in the records of the Gallatin County Clerk and Recorder under Document No. 2507158. C. Easement areas on the Land for fire hydrants were omitted from the Pipeline Easement Agreement. D. Grantor and Grantee desire to enter into this Agreement to supplement the Pipeline Easement Agreement by providing easements for fire hydrants on the Land, all as set forth in the following agreement. AGREEMENT 1. Grant of Easement. Grantor does hereby grant and convey to Grantee, and its successors and assigns, a perpetual easement for the purpose of Grantee's construction, reconstruction, operation, maintenance, and removal of fire hydrant assemblies together with water pipe appurtenances required by Grantee from time to time upon, over, under, across and through the fire hydrant locations designated 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 Land to access the fire hydrant locations by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the Grantor as may be necessary in connection with Grantee's construction, reconstruction, operation, maintenance, and removal of the fire hydrant assemblies together with water pipe appurtenances. 2. Easement to Supplement Pipeline Easement. Grantor and Grantee acknowledge and agree that this Agreement is intended to supplement the Pipeline Easement Agreement. Accordingly, Grantor and Grantee shall have all of the rights, duties, and obligations set out in the Pipeline Easement Agreement with respect to the easement granted in this Agreement, and the provisions of the Pipeline Easement Agreement shall apply to and govern this Agreement insofar as they are pertinent and applicable to the fire hydrant easement granted herein. - 1 - DATED this i`d, day of FCg� Q`-� 12016. Cannery Di trict Pa ers, LLC by: CD anagem nt,LLC, Manager by: a ,Manager City of B zeman by: CU."'U4_ 2�"_ Chris A. Kukulski, City Manager 0 �a ATTEST: StaCy'tflnian,Clerk o tkre�Cify sior� . 1883 •'� • �y�IN Co.-��O' STATE OF MONTANA ) ss. County of Gallatin ) This instrument was acknowledged before me on K5-w o$ ,2016, by Barry L. Brown as a Manager of CDP Management, LLC, a Montana limited YiabilitY company, the Manager of Cannery District Partners,LLC, a Montana limited liability company. Notary Signature Seal: WILLIA".1 S DOCK,:',.3 �:NpTAq •;w NOTARY PUBLIC for tho State of Montana Reaming at Bozeman,Montana STATE OF MONTANA . My on Yq 18.2018 ss. County of Gallatin ) This instrument was acknowledged before me on 2016, by Chris A. Kukulski and St= - an:, as City Manager and Clerk of the City Commission, respectively, of the City of Bozeman. HEATHER BIENVENUEC (WON �S" Notary Public otary Signature x. �pTARrg4.m i for the State of Montana Seal: r� SEAL,.�` Bozeman,Montana '9TFO.....t,- MY commission Expires: January 26, 2018 -2- EXHIBIT"A" FIRE HYDRANT EASEMENTS LOCATED WITHIN THE WEST 1/2 OF SECTION 6,T2S, R6E, P.M.M. CITY OF BOZEMAN, GALATIN COUNTY, MONTANA HYDRANT ESMT #1 HYDRANT L4 Tract 1 COS 2877 ESMT #2 --L-M L,3 L61 N, . . . . . . . .j L10 Lg SOO*45'22"W 203.28' L1 'Ll R�- I in L7 L8 --- - - - - - - - - - - N00*45'22"E 280.31' n /, N 16*46'40 E 26.29' Tract 2 77 cps Water and Sewer Easement C0 Doc# 2507158 00 CE CN 00 z Ternporary Hydrant E t i kYDRA#3 NT 00� HYDRANT ESMT J ES�T #4 -011 52 L17 1-26 00 L� - - - - - - - - -- L16 2420 15 L13 S00'45'22"W 370.14' 17- 0 Tract 3 COS 2877 LINE TABLE LINE TABLE Line # Direction Length Line # Direction Length Ll NOO* 45' 22"E 70.23 L15 SOO* 45' 22"W 8.84 L2 S39* 14' 38"E 15-00 L16 N89* 14' 38"W 10.00 TOTAL AREA OF EASEMENTS: - - ESMT #1 - 65 sf. L3 S89* 14' 38"E 6.50 L17 SOO* 45' 22"W 8.84 ESMT #2 - 65 sf. - ESMT #3 - 88.37 sf. L4 NOW 45' 22"E 10.00 L18 N89' 14' 38"W 10.00 ESMT #4 - 74.75 sf. TEMP ESMT #4 - 82.87 sf. L5 S89' 14' 38"E 6.50 Ll 9 N89* 23' 28"W 15.00 TOTAL: 375.99 sf. L6 SOO' 45' 22"W 10.00 L20 SOO* 45' 22"W 40.60 L7 SOO' 45' 22"W 149.51 L21 S89* 14' 38"E 6.50 L8 S89* 14' 38"E 15.00 L22 j NOO' 45' 22"E 11.50 L9 S89' 14' 38"E 6.50 L23 S89* 14' 38"E 6.50 L10 NOW 45' 22"E 10-00 L24 NOW 45' 22"E 11.50 - - LEGEND L11 S89' 14' 33"E 6.50 L25 NOO* 22' 14"E 12.75 L12 SOO* 45' 22"W 10-00 L26 S89* 14' 38"E 6.50 0 Hydrant Easement Area L13 NOO* 45' 22"E 129.05 L27 NOO* 22' 14"E 12.75 - Temporary Hydrant Easement L14 S89- 14' 38"E 16.52 Q. Found Property Monument BASIS OF BEARING: US STATE PLANE 1983, MONTANA 2500, NAD 1983, INTERNATIONAL FEET WITH GROUND PROJECTION AT: TEMPORARY HYDRANT EASEMENT NOTE: NORTH LATITUDE: 45'-35'-28.99813" 80 40 0 80 This is a temporary hydrant easement for a fire WEST LONGITUDE: 111*--11'-53.20892" 1 hydrant that will be relocated in the future. ELLIPSOID HT. 4926.66 sft. automatically easement will expire cutoatically when MERIDIAN CONVERGENCE ANGLE= IN FEET the hydrant is relocated to its final location. oj�Rlj 4 32 STAHLY ENGINEERING & ASSOCIATES EXHIBIT "A" DESIGNED.JRP PROFESSIONAL ENGINEERS & SURVEYORS DRAWN JP www.seaeng.com CHECKED ARP FIRE HYDRANT EASEMENTS DATE 11/118/20161�1� 851 BRIDGER DR. STEA 404 W. BROADWAY 3530 CENTENNIAL DR LOCATED IN THE WEST 1/2 SECTION 6, t�`�tlmFgjys BOZEMAN, MT 59715 LEWISTOWN, MT 59457 HELENA, MIT 59601 T2S, R6E,P.M.M. , CITY OF BOZEMAN, SHEET Phone:(406)522-9526 Phone:(406)535-8594 Phone:(406)442-8594 ISTAHLY Fox:(406)522-9528 Fax:(406)442 8557 GALLATIN COUNTY,MONTANA 1 of 1