The URL can be used to link to this page

Home My WebLink About17- Water Pipeline and Access Easement and Agreement - Montana Growth Opportunities LLC - Town Pump 7 turn to: C G Budeski p�A�� 895 Te ology Blvd Suite an`0 Bozeman M 718 Return to, 2574074 City of Bozeman Page: 1 of 4 03/09/2017 09:20:51 AM Fee: $28.0q Charlotte Mills - Gallatin County, MT MI5C city clerk II 111IIIHIIIIIIIIIIIIIII11111IN111IIIIIIIIIIIII111111IIIIIIIIIIIIIIIIIIIIIIIII PO Box 1230 ........ Bozeman, MT 59771-1230 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Montana Growth Opportunities LLC,the GRANTOR, in consideration of One Dollar and other good and valuable consideration,receipt of which is acknowledged, grant(s)to the Cily of Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay,construct and maintain approximately 214 if (sewer) and 264 if(water)pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewer and water in,through,and across a strip of land situated in Gallatin County,Montana,to be located on the following described real property: Lots I &2B Amended Subdivision Plat J-5-C Gardner Simmental Subdivision situated in the Southeast 1/4 of Section 35, Township 1 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County Montana. The easement is more particularly shown on the attached PUBLIC SEWER AND WATER PIPELINE AND ACCESS EASEMENT 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 Sewer&Water pipeline,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 Town Pump 7 Sewer Water Pipeline&Access Easement Page 1 of 4 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,�;2L day of GRANTOR By: Qz- ) its: rA IYI d ?,,Y' STATE OF MONTANA ) ):ss County of Gallatin ) On this day of ��b , 2014 before me the undersigned, a Notary Public for the State of Montana,personally a peared Qa n 1e I J K,Q h rLf A U , known to me to be of ffl6I�;(1 K 61'D WIV\ ()oP6fi iglth s ose name is subscribed to the w' 'n instrument and acknowledged to me that he executed the within instrument for and on behalf of6r"M �j Q� ( /1><�-h,(S �r✓` IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. No Public for the State ` Montana tana FG�SEAQ �ILLKQRY(SEANOTARY PUBLIC for the Residing at Butt of e Montana (Printed Name) My Commission Expires Residing at May ts,2020 My Commission expires: Ill ba0 Town Pump 7 Sewer Water Pipeline&Access Easement Page 2 of 4 ACCEPTED: ,� • �? bCIT� F BOZEMAN ,) U. City Manager ATTEST: City Clerk N co• STATE OF MONTANA ) )Ss. County of Gallatin GR LAb4 On this 0 day of AIIArcti , 249t6, before me, a Notarykblic for the State of Montana, personally appeared CHRIS KUKULSKI and , known to me to be the City Manager and City Clerk, respectively, of 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 Notarial Seal the day and year first above written. PEARL i,,1{CHALSON ' �ntCr-r -4�'Q��TggrAl y- f01"ihC Stato of KlOrItana r-�csjdinq at: -* SEAL.-',,* 6oz�:rtian, Montana Notary Public for the State of Montana , .... ;�� My comrni Cs: �eG/ L ltiliCi (SC✓1 oF`ti�` March (Printed Name) Residing at2�� My Commission expires Town Pump 7 Sewer Water Pipeline&Access Easement Page 3 of 4 ]�X]H[IBIT A SEWER AND WATER PIPELINE AND ACCESS EASEMENT SITUATED IN LOTS 18 & 2B OF AMENDED 0 30 60 PLAT J-5—C OF THE GARDNER SIMMENTAL PLAZA SUBDIVISION I„= 60 SE Y4 OF SECTION 35 Ti S, R5E, P.M. LOT 4 TRACT 7 N89'50'23"E GARDNER—SIMMENTAL PLAZA SUBDIVISION 30.01' — L— — — — N89°50'23"E 345.85' N89°50'23"E 255.44' EXT'G 20' WIDE S03°02'26'E UTILITY EASEMENT 10.C1' A=026724'45" 1 A=026'46'16" R=317.77' L=146.49' C6=512'19'35"E r R=285.00' L=133.16' CBRNG=S12'15'55"E PROPOSED SEWER AND =010°13'40" WATER PIPELINE R=480.00 1 AND ACCESS EASEMENT CB=SO8°09'16"E 1 ch CHO LGTH=85.57' j 1 A=023'57'17" PROPOSED CAR I ` 1 R=315.00' L=131.70' WASH BLDG __ CBRNG=N13'40'25"W NS1 r �1 l 1 SEWER & WATER PIPELINE Q=01 '07'19" AND ACCESS EASEMENT R=287.61' L7 5.95' TO BE RELEASED CB=N16' $'18"W 15' 1 N62'02'40"E LI —J LOT 2B AMENDED 81 28' / �_ ` SUBDIVISION PLAT 4 J-5—C EXT'G PROPERTY Y / 1' w l LINE o ` - } N27'57'20"W Y A=007'08'29" 30.00' 1 R=282.50' L=35.21' a"'.CBRNG=S051601E N62'02'40"E cNn 3 � -� 63.79' 10.0' 11 10.0' 3 l a 11 c LOT 16 AMENDED I1 S08'50'16"E SUBDIVISION PLAT J--5—C 179.19' -� y a N08'20'08"yy R=480.00' 211.90' 4=013`16'06" CBRNG=SC6'38'03"E POINT OF 1 (, CHD LGTH=110.91 BEGINNING OF a EASEMENT cn -0 M N89'49'33"W 364.58' 00 �1 N89'49'33"W 165.84' r BAX�•ER LANE N$9'49'33"W 0 19.32 N89'49'33"W Q 15.06 MADISON ENGINEERING EXHIBIT A 895 TECHNOLOGY BLVD SUITE 203 DRAWN BY: C G B BOZEMAN,MT 59718 DATE: 5/22/16 PHONE(406)SW0262 FAX(406)586-5740 PROJECT# 14-171