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Home My WebLink About16- Sewer and Water Pipeline and Access Easement and Agreement - Golden Gate Properties LLC, Loyal Garden Subdivision ��Obt►-` C��ivcll.-� C P_v . i x, 1234 PLATTED 2554753 Page: 1 of 4 08/17/2016 02:07:23 PM Fee: $28.00 Charlotte Mills - Gallatin County, MT MISC I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Golden Gate Properties, LLC, the GRANTOR(S), in consideration of$1.00 and for other good and valuable consideration, receipt of which is acknowledged, grant(s)to The City of Bozeman, a Municipal Corporation of the State of Montana, 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 sanitary sewer and water in, through, and across a strip of land situated in Gallatin County, Montana, on the following described real property: Lot 11, Block 1, Loyal Garden Subdivision, Phase 1A, according to the plat therof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Northeast Quarter of Section 16, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana. The easement 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 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 pipeline and to: (1) Construct, operate,patrol,repair, substitute,remove, enlarge,replace, and maintain the pipeline, 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 opinion of the GRANTEE, interfere or threaten to interfere with or be hazardous to the construction, operation and maintenance of the pipeline; (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 pipeline across ravines and water courses with structures which GRANTEE deems necessary. THE GRANTEE AGREES: (1) That, in connection with the construction, operating,patrolling,repairing, substituting, removing, enlarging,replacing, and maintaining of said water and sewer pipeline(s), it will repair or replace, at its sole expense, or pay to GRANTOR(S)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 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(S) AGREES: (1) At no time will they 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 they 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(S) warrants that they are lawfully seized and possessed of the real property described above,that they have a lawful right to convey the property, or any part of it, and that they 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(S). 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 of the parties hereto. DATED this c day of 2016. anaging Member Golden Gate Properties, LLC STATE OF MONTANA ) ss. County of Gallatin ) On this :rl i day of !�) f' , 2016, before me the undersigned, a Notary Public for the State of Montana, personally appeared,Jesse Chase, known to me to be the Managing Member of Golden Gate Properties, 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 Golden Gate Properties, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL LESLIE BARRY Notary Public Net y Public for the State Montana °T^R�A<'. for the State of Montana *� *_ Residing at: .N�.:SEAL.=�Q, Bozeman, Montana L rful I r ,mac OF—W P> My Commission Expires: (Printed Name) May 01, 2019 Residing in My Commission Expires / /20 ACCEPTED: ®�.B®� � CITY F B ZE .47 By City Manager ATTEST: City Clerk STATE OF MONTANA ) ) ss. County of Gallatin ) On this I T. day of ► Icy s — , 2016, before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKI and , known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names r✓(ZoUlblk 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. (SEAL) --�-° � _ ,,.� "" - VtL M'I SON Notary Public for the State of Montana .�'''Nt+clra, ,, Y NotanrP�t� ta,r►a "u tt5i P90 state of Mon Rosiding at: Montana (Printed Name) ' � Comm mission Expiros: ° '' My OMMar 10,2020 Residing at Bozeman, Montana '�, o�' '`�' My Commission Expires: / I c^ /20 2C, I EXHIBIT A SEWER&WATER PIPELINE &ACCESS EASEMENTS ON LOT 11, BLOCK 1, LOYAL GARDEN SUBDIVISION PHASE 1A LOCATED IN THE NE 1/4, SECTION 16, T. 2 S., R. 5 E. OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA LEGEND PROPERTY LINE — — — — — —ADJOINING PROPERTY LINE �LN ------------NEW EASEMENT N§gig°03'02rL E 275P 26 -- --- -= - - h - — --- -- - I a g CURVE RADIUS ARC LENGTH DELTAANGLE OPBlSPAGEO a i \ = C1 180.05' 8.07' 2°34'02" I � — —� = OFEtI SPAG_P C2 180.05' 20.11' 6°24'00" i �� c3 180.05' 7os2' 22°28'26° / \�0 0 100 200 i 89046'19" E - 6' SCALE IN FEET LOT d I - 42.36' _ \� _ I BEARING DISTANCE I Na E BEAR apt 1 " y L2 N 68 5°52'46"W 32.80' I OT5 I o I w LOIT, 1 cA o i g 2'46"W 63.10' I— — — — — o Ni i- r LJ UD f\f� 1 i L3 S 00°13'41"E 20.00' ( ( Zn j L4 S 89'46'19"W 11.36' - LOT �I L5 S 63°52'46"E 33.79' ( — — — — I �i i4 o O�� PROPOSED �WER L6 S 18°52'46"E 28.46' -- co g o�7 15 y S & L7 S 71°0T14"W 31.70' I TOT, I o i Ill w� g9, `�' WATER PIPELINE & of i, 9�, %ACCESS EASEMENTS L8 N 18°52'46"W 15.00' I I - p _ - \' NiOX i L9 N 71°07'14"E 20.00' g- L10 S 18°52'46"E 15.00' 1-11 S 71*07'14"W 20.00' ILOT L12 N 71 07'1 —4"E 84.13' I-- — — — 7 -� L13 N 71°0T14"E 103.58' I 71 \ �� P`- L14 N71°0T14"E 31.8T I C". 98 80' L15 N 18°52'46"W 15.14' — — — -I N p`t L9" � - R=18,0 0 5'; \ L16 N 71°07'14"E 20.00' �?Oq, 1 340z2�g L17 18°52'46"E 17.16' I LOT.. I CP- S / L1�- ,�[k'� '�`_�`' �- - - c 0 - --- — - -- -- - - *150724