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Home My WebLink About16- Water Pipeline and Access Easement and Agreement - VC Development LLC - Taco Bell Site Plan nReturn to: Ira►�'Crc � EEEI�l 2554754 0 AA ar f 08 0 n23Mje . Charlotte Mills Gallatin County, Fee. $35.00 111111111111111111111111111111111111111111111111 IN 11111111111111 IIIII 1111111 III�� WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT VC Development LLC, the GRANTOR(S), in consideration of development approval and other good and valuable consideration, receipt of which is acknowledged, grant(s)to the City of Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water in, through, and across a strip of land situated in Gallatin County, Montana,thirty (30) feet wide to be located on the following described real property: Tract A-1 of Certificate of Survey 1827\ situated in the SE1/4 of Section 26, Township 1 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County Montana. The easement is more particularly described on the attached Exhibit 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 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 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 day of S 120 /6 G R INDIVIDUAL STATE OF MONTANA ) SS. County of Gallatin ) On this day of , 20 , before me the undersigned, a Notary Public for the State of Montana,personally appeared , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires / /20 CORPORATE STATE OF MONTANA ) ) ss. County of Gallatin ) On this // day of L , 20 14, , before me the undersigned, a Notary Public for the State of Mont a,personally appeared, DoA Az-P 049E ` ?— known to me to be the Ap_//j&"d r— of V(' JEG��ru�NT' �— 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 V(', �E�' c p�0/LIC�`7 L1- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. `; EDEN POTRATZ SEAL : o r= Notary Public � 140TARlAt?';for the State of Montana Residing at: SEAI, *= �g;•• Belgrade, Montana Notary Public or the State of on ana NK?;P' My f^mm issi 20Exxpires: (Printed Name) Residing in My Commission Expires / ?0 ACCEPTED: CITY��__B,,O EM E C�� `• r `',t ,� City Manager ATTEST: r l City Clerk ' • ° ° 1� 1v co STATE OF MONTANA ) ) ss. County of Gallatin ) On this i",) day of �iu5� , 2 0 K� , 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. (SEAL) Notary Public for the State of Montana ''-'''' `" 'y" ,•,bn� C��21 Sc� t)i�uT`, d t t'+i iktt.of Montana 7[itlfil�at: (Printed Name) ; ,,: Year,, Montaires: ;;•,nIrnission Exp Residing at Bozeman, Montana " ;+.uc:h 10,2020 My Commission Expires: /20 2 0' PEARL-�/ILCHAL-SON % ,;A�SO CH NotaNpublic na �QV., 11�� .i' �'111111-11otMontana 01• qzs of Montana �'�'o �„ ,., g o r the State .a;N �, ;;;,iinq at: �oTaatAj•ti_fo at: - _ - ResidinL9ontana :* S s ;;;;; z;ruzn, Montana *= Bozeman, =' '• ;emission Expires: =*' SEAL•g Bo fission Expires: ,,q '.ear;• t:', 0 2020 �2,�' MY rAamrch 10.2020 r :;ch 1 � •. OF Nam,.. ,,,.,.I 1 I% 1 EXHIBIT A PUBLIC WATERLINE EASEMENT OVER TRACT A-1 OF CORRECTED CERTIFICATE OF SURVEY 1827A� -N- SITUATED IN THE SEI/4 OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. N42°14'39"E 30.00' 100 50 0 100 SCALE IN: FEET WATERLINE EASEMENT Ai- 0.24 ACRES n 10,334 SQ.FT. io cm eo N O n N N d W zi W `r o ch ao 00 N Z Z POINT OF BEGINNING N89°50'21"E 633.70' N89`50'21"E 210.30' NO°08'25'W EXISTING 45'PUBLIC S89°50'21"W 45.00' STREET AND UTILITY EASEMENT CATAMOUNT STREET 1/4 26 30.35' 35 An easement,30 feet wide,over Tract A-1 of Corrected Certificate of Survey 1827A,situated in the SE1/4 of Section 26,Township 1 South,Range 5 East, Principal Meridian,Gallatin County,Montana,for a public waterline,more particularly described as follows: Commencing at the One-quater Corner between Section 26 and Section 35,Township 1 South, Range 5 East, Principal Meridian,Gallatin County, Montana;thence N.0°08'25"W,for 45.00 feet to the north right-of-way of Catamount Street;thence N.89°50'21"E.for 633.70 feet along the north right-of-way of Catamount Street to the Point of Beginning;thence N.8o 53'09"W.for 207.17 feet to an angle point; thence N.47°45'21"W.for 124.41 feet to an angle point;thence N.42° 14'39"E.for 30.00 feet to an angle point;thence S.47°45'21"E.for 135.00 feet to an angle point;thence S.8°53'09"E.for 222.36 feet to a point on the north right-of-way of Catamount Street;thence S.89°50'21"W to the Point of Beginning. The Area of the above described tracts of land is 10,334 square feet,or 0.24 acres,more or less. �� Morrison 2880 Technology Blvd West DRAWN BY: CHN EXHIBIT A PROJECT NO. L_:a Bozeman,MT 59718 DSGN.BY: DK 2605.024 M a i e r l e BOZEMAN MONTANA Phone:406.587.0721 APPR.BY: DJB Fax:406.922.6702 DATE: 072016 FIGURE NUMBER engineers�surveyors.planners-scientists COPY WATER LINE EASEMENT FIG. A NGHT O 1,:0"H160tMW EflLE.M.,3016 N.\26051025\ACAD\Survey\WATERLINE EASEMENT\WATERUNE EXHIBIT.dwg Plotted by daniel j.boers on Julr72016