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Home My WebLink About17- Utility Easement - Bridger Creek Subdivision Community Association, Inc. - Private Park within Bridger Creek Subdivision Phase 1 After Recording return to PLATTED City of Bozeman City Clerk PO Box1231 2584906 Bozeman,MT 50771-1230 Page: 1 of 4 07/07/2017 11:24:08 AM Fee $38.00 Charlotte Mills - Gallatin County, MT MISC 11111111111111 III 1111 IIIIIII 111111 UTILITY EASEMENT Bridger Creek Subdivision Community Association,Inc.with address of P.O.Box 4592, Bozeman,Montana 59771 as GRANTOR, in consideration of$ 1.00 and for other and valuable considerations,receipt of which is acknowledged,grants,subject to the restrictions stated herein, to the City of Bozeman, a municipal corporation of the State of Montana, with address of 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a utility easement for the use by the Tract being approximately 12 acres depicted and described on Certificate of Survey 885, in Section 31, Township 1 South, Range 6 East, Gallatin County Montana, (benefitted property) in, through, and across a parcel of land situated in Gallatin County, Montana, to be located on the following described real property commonly known as Private Park within Bridger Creek Subdivision Phase 1 in the specific locations depicted on the attached exhibits.The easement is more particularly described on the attached Exhibit A,which by this reference is made a part hereof. This easement shall not become valid and effective until such time as the benefited property has received final site plan or final subdivision plat approval from the City of Bozeman. The acceptance by the Grantee of this easement may not be construed as approval of any site plan or subdivision on the benefitted property. Grantor grants to Grantee the right to utilize Thirty(30)feet in width,fifteen(15)feet on each side of the centerline described above,for purposes of constructing,maintaining and repairing a water pipeline and sanitary sewer pipeline. Following construction referred to herein, Grantee shall cause to be removed from the above-described property,all debris,surplus material,and construction equipment,and cause such property to be left in a neat and presentable fashion,and cause the area disturbed to be restored to its original condition.After construction of the pipelines,Grantee shall be responsible for the repair,maintenance,and upkeep of the pipelines. In addition,Grantee acknowledges that the easement crosses a drainage Swale. As such,Grantee shall not take any action that will permanently and adversely impact either the quality or the flow of any surface or subsurface water. In all respects,Grantee shall comply with all applicable laws when constructing the pipelines. Grantee shall cause a weed management plan to be implemented and all disturbed areas to be re-seeded. Grantee shall cause all permits and licenses necessary for the construction of the pipelines. Grantor shall not take any action or allow the construction of any improvement that would inhibit the use of the water pipeline and sanitary sewer pipeline from the stated purpose of this easement. 1 The perpetual easement granted herein shall be for repair,maintenances and replacement, as necessary. Neither party may modify the size,scope or location of the easement without the prior written consent of both parties.Grantor is specifically not granting an easement to Grantee for ingress or egress,or any other purpose other than the pipelines described herein. If Grantee disturbs the surface(including,but not limited to paving)of the real property underlying the easement during the maintenance or repair of the pipeline,Grantee shall cause the disturbed area to be restored to its original condition. Grantee shall be responsible for obtaining all permits and licenses necessary for the maintenance and repair of the pipeline. Grantor recognizes Grantee may require the owner of the benefitted property to assume Grantee's responsibilities under this easement. The GRANTOR states that it possesses the real property described above and that it has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms,covenants,and provisions of this easement shall extend to and be binding upon the heirs,executors,administrators,personal representatives,successors,and assigns of the parties hereto. DATED this X day of 1gy9 2017. GRANTOR Bridger Cr ubdivisio mmunity Association,Inc By: SharynAnkalt,President STATE OF MONTANA ) :ss. County of Gallatin ) On this day of J"+Lt, 2017,before me,the undersigned,a Notary Public for the State of Montana,personally appeared Sharyn Anhalt,the President of Bridger Creek Subdivision Community Association,Inc.known to me to be the person whose name is subscribed to the within instrument,and acknowledged to me that she did execute the same on behalf of the corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. r (SEAL) Notary Public fo State o (Printed Name) ,Q`aM JEeN 0 KARIN M JENNINGS ti�=, Notary Public NOTARiq�.�, for the State of Montana * * Residing at: 9.SEAL:a Bozeman, Montana ,,mac pF'Mp�1��,. My Commission Expires: ' September 07,2020 2 ACCEPTED: CITY OF BOZEMAN ®Fo B.o2 , by ti • ,ti y { ••'y; City Manager lVt�t-Y1 1� ATTEST: ' a City Clerk ,��•• 1 883 •'`C= j 9TjN CO..rZu�••••, STATE OF MONTANA' ) .. • " :ss. County of Gallatin -{ ) On this�4- day of : , ]� _2017,before me,a Notary Public for the State of Montana,personally appeared DENMs M•'I?�%Q.Olrtand ROBIN CROUGH,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. (SEAL) No Public or the ate Monta a AUCIA KENNEDY 1 a;•ao�`R�,�+mac NOTARY PUBLIC far the STATE OF MONTANA (Printed Nam E ' SEAL' � g Residing at Residin at Bozeman,Montana 9�• a�r;< My Commission Expires My Commission Expires /L4_/20� aF Mo.• August 04,2019 3 EXHIBIT A A UTILITY EASEMENT, 30 FEET WIDE, OVER AND ACROSS PRIVATE PARK OF BRIDGER CREEK SUBDIVISION PHASE 1, SITUATED IN THE SE1/4 OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. PRIVATE \ PARK - - - - - - - - - - - -� \ �0 C.O.S. 885 \ �O p�oo \ 's 's SAso "o°you POINT OF BEGINNING \ 8" DRAIN \ PIPE LEGAL DESCRIPTION \ A Utility Easement,30 feet wide,over and across Private Park of \\ Bridger Creek Subdivision Phase 1,situated in the SE1/4 of \ Section 31,Township 1 South,Range 6 East,Principal Meridian, \ Gallatin County,Montana,the centerline of which is more particularly described as follows: Commencing at the Northeast comer of Certificate of Survey No. \ 885,thence S33°24'03"E a distance of 237.00 feet along the \ Northeast line of Certificate of Survey No.885 to the Point of \ Beginning being the centerline of said Utility Easement;thence N43.00'50"E a distance of 104.37 feet across the Private Park of Bridger Creek Subdivision Phase 1 to the Southeasterly R/W of Boylan Road;from which the point of curvature of the Southeasterly R/W of Boylan Road bears S46°59'27"E a distance of 71.87 feet. CERTIFICATE OF SURVEYOR I,Jon C.Wilkinson,Montana Professional Land Surveyor License No. 16411 LS,hereby certify that I conducted this easement survey. Dated this. day of 2017. \\\\I�1111111It1ll,,l� Basis of Bearing is Montana ®qN\\\ o� ,i y�✓ i�� State Plane Zone 2500 09.0 Jon C.Wilkinson,PLS,CFedS �• MT Reg.#16411LS Morrison-Maierle,Inc. !®% N0. s 60 30 0 60 SCALE IN: FEET � DRAWN BY: cN EXHIBIT PROJECT NO. Morrison Boze Technology Blvd West !® Bozeman,MT 59718 OSGN.BY: MH 2O89.018 Maierle ` 406.587.0721 APPR.BY: JW BOZEMAN MONTANA ® v~.m-m.net DATE: 3o n017 FIGURE NUMBER engineers•surveyors•planners-scientists CO UTILITY EASEMENT FIG. 1 PYNOHT 0 MORP190N#W EM1IE,ING,3011 N:\2089\018\ACAD\WL EASEMENT\2089018-WTR-LINE-EAS.dwg Plotted by cole norsworthy on Mar/912017