HomeMy WebLinkAbout16- Water and Storm Water Pipeline and Access Easement and Agreement - CAMO Holdings LLC, Kenyon Noble 2555226
Page: 1 of 5 08/23/2016 03 31:17 PM Fee: $35.00
PLAfYE� Charlotte Mills - Gallatin County, MT MISC
WATER AND STORM WATER PIPELINE AND ACCESS EASEMENT AND
AGREEMENT
CAMO Holdings, LLC• P.O. Box 1109 Bozeman MT 59771-1109, the GRANTOR(S), in
consideration of One Dollar ($1.00) and 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 121 North Rouse Avenue Bozeman MT 59771-1230, GRANTEE, its successors and
assigns, a perpetual easement to lay, construct and maintain water and storm water pipelines with
the usual services, valves, connections, accessories and appurtenances for the purpose of
transmitting potable water and storm water in, through, and across a strip of land on the
following described real property: Located in the Southeast Quarter of Section 6, Township 2
South Range 6 East PMM. From the Southeast Corner of Lot 1, Block 110, of the Amended
Plat C-23-W of the Northern Pacific Addition in the City of Bozeman, Gallatin County,
Montana. Thence N89°59'57"W at a distance of 107.44' along the North Right-of-Way
Tamarack Street to the Point of Beginning. Thence N45°00'00"W at a distance of 42.43'.
Thence N89°59'57"W at a distance of 61.36'. Thence S45°00'00"W at a distance of 7.69' to the
East Right-of-Way of Church Avenue. Thence along said Right-of-Way SO1°32'08"W at a
distance of 24.62' to the North Right-of-Way of Tamarack Street. Thence along said Right-of-
Way S89°59'57"E at a distance of 97.46' to the Point of Beginning.
Said Tract of land being 0.056 Acres.
The easement is more particularly described on the attached Exhibit(s) A which by this
reference are 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 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 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 pipelines 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 storm water pipelines,
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 pipelines 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 day of August, 2016.
GRANTOR: CAMO Holdings, LLC
By:
Its: Mem e
STATE OF MONTANA )
) ss.
County of Gallatin )
On this I? day of 4{G.uS- , 2016, before me the undersigned, a Notary
Public for the State of Montana, personally appeared, A5HL,1P-Y C61-C , known to
me to be the member of CAMO Holdings, LLC and the person whose name is subscribed to the
within instrument and acknowledged to me that she/he executed the within instrument for and on
behalf of CAMO Holdings, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
Py;p s;y,,F JERKY D. SMITH
Notary Public
Notary blic f r the State of Montana :,AoTARii"- S for th4 State of Montana
� Residing at:
(P Bozeman, Montana
'=9 o..... ,- My Commission Expires:
(Printed Name) February 24,2018
Residing in 66z 6w4N, M T
My Commission Expires 2 / Z / 6
ACCEPTED:
O BOO
• CITY OF BOZEMAN
ATTEST: U : C14UC-y-- 1/11t1'w%
. ' �• � - Psc,t-��j C.i�vj ►vlcc.v�cjer {�^''
Robin Crougfi- 1•tyrl l °�`�°
STATE OF MONTANA )
) ss.
County of Gallatin )
�--
On this I I day of , 2016,(before me, a Notary Public for the
State of Montana,personally appeared C 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.
(SEAL)
PEARL MICHALSON
<'P Notary Public
Notary Public for the State of Montana =QL:'NOTAR,,41.-A for the State of Montana
*: * Residing at:
SEAL. P- Bozeman, Montana
My Commission Expires:
(Printed Name) March 10,2020
Residing at Bozeman, Montana
My Commission Expires: '03/ (0 /2026