HomeMy WebLinkAbout17- Sewer and Water Pipeline and Access Easement and Agreement - The Lakes at Valley West, Bozeman, Two, LLC - Lot R2, The Lakes at Valley West, Phase 1 and 2 Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230
PLATTED
2584911
Page: 1 of 6 07/07/2017 11:24:08 AM Fee $42.00
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Charlotte IIIIMills - Gallatin County, MT MISC IIIIIII IIIIII III IIIIIII IIIIII IIII IIII I III(IIII IIIII IIIIIII III IIII)IIIII(IIII IIII IIII
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
The Lakes at Valley West, Bozeman, Two, LLC , the GRANTOR(S), in consideration
of $1.00 and other good and valuable consideration, receipt of which is
aclaiowledged, grant(s)to the City of Bozeman , GRANTEE, its successors and
assigns, a perpetual easement to lay, construct and maintain a water pipelines with the usual
services, valves, connections, accessories and appurtenances for the purpose of transmitting
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: Lot R2, The Lakes at
Valley West, Phase 1 and Phase 2.
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 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.
7%
DATED this day of ALL 20�.
k �Yl
at Valley West, Bozeman, Tw LC
Kilday
Authorized Reprsentative
STATE OF MONTANA )
ss.
County of Gallatin )
On this_r day of , 20 17 , before me the undersigned, a
Notary Public for the State of Montana,personally appeared,_James M.
Kilday , known to me to be the Authorized
Representative of The Lakes at Valley West, Bozeman,
Two, 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
The Lakes at Valley West, Bozeman, Two, LLC
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
\ ��ct srgtio�;
CHRISTIE LEE STANDIFOF
` Notary Public
.'�,oTARig4:y_for the State of Manr.a:..:.j
otary Public for the e of Mo ana _._ o_
Residing at: i
}, SEAL. Q;
Cif2�s Belgrade, Montan_
VE LEE_ 5AANPhR21ZD �
;,T .•••.. My Commission Exp'- I
(Printed Name) of nno March 26,201 f
Residing in &t42AM /KD,uTAE.VA
My Commission Expires 03 / a96 /20 /�
r ,
ACCEPTED:
CIT F BOZ
I.�Av . By Kur---k KT-T�
�;.; �"�:: • * City Manager
ATTEST:
3A.
City Clerk riv co
STATE OF MONTANA )
) SS.
County of Gallatin )
On this_QLday of �l J�Y�Q , 2C 1�,before me, a Notary Public for the
State of Montana,personally appeared DENNIS TAYLOR and ROBIN CROUGH, known to me
lh�crnm 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) £G��K,Eti� ALICIA KENNEDY
NOTARY PUBLIC for the
6
SEAL STATE OF MONTANA
;m. e; Residing at Bozeman,Montana
`�� �= M Commission Expires
Notary Public for the"tatof Montana 9 0�Mo`P y August Isi Ex
019
(Printed Name) c
Residing at Bozeman,Montana
My Commission Expires: S/�/20C
EXHIBIT A
A PUBLIC WATER MAIN EASEMENT, 30 FEET WIDE, OVER AND ACROSS
OPEN SPACE A OF THE LAKES AT VALLEY WEST- PHASE 3
SITUATED IN THE NE 1/4 NW I/4, OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST,
PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
DURSTON ROAD
POINT OF BEGINNING
a
N83°09'2911E 583.65' 9
5 8 9 N89°26'2 "E 2093.71'
N8"04'19"E 3 .00'
W
OPEN `
OPEN
SPACE A r
° N SPACE A
z coLEGAL DESCRIPTION
/ 2 O A Public Water Main Easement,30 feet wide,over and across
0' Open Space A of The Lakes at Valley West-Phase 3,situated in
2293 the NE1/4 NW1/4,of Section 9,Township 2 South,Range 5 East,
^ Principal Meridian,City of Bozeman,Gallatin County,Montana.
WSg'ft' Being more particularly described as follows:
o/ '4'3
M
s� Commencing at the comer of Sections 5,4,8 and 9.Township 2
,N oo South,Range 5 East,Principal Meridian,City of Bozeman,
LOT 5 z N Gallatin County,Montana;thence N.89°26'26"E.,2093.71 feet to
LOT 4 a point on the south right-of-way of Durston Road,the Point of
(0 Beginning;thence N.88°04'19"E.along the south right-of-way of
30'00/ Durston Road for a distance of 30.00 feet;thence S.1°40'45"E.,
N�0 30.71 feet;thence S.19°23'00"W.,51.35 feet to a point on the
north right-of-way of Arnhem Way;thence N.70°37'00"W.,along
the north right-of-way of Arnhem Way for a distance of 30.00 feet
to a point on the east line of Lot 5;thence N.19°23'00"E.,along
2 0 the east line of Lot 5 for a distance of 45.77 feet to the northeast
�' comer of Lot 5;thence N.1°40'45"W.,25.00 feet to the Point of
Beginning.
LOT 3 The area described contains 2,293 square feet or 0.053 acres
more or less.
�Z
Q
CERTIFICATE OF SURVEYOR
I,Daniel J.Boers,Montana Professional Land Surveyor License No.
—N— 147321-S,hereby certify that I conducted this ea or
Dated this / 7 day of ;0a17 y
Daniel J.Boers,PLS, ed
MT Reg.#14732LS
Morrison-Maierle,Inc. 14732 I-S
30 15 0 30
SCALE IN: FEET
■ 2880 Teonology Blvd West DRAWN BY: CHN THE LAKES AT VALLEY WEST PHASE 3 PROJECT NO.
Morrison
Bozeman.MT 59718 DSGN.BY: DJB 5352.007
M a i e rl a BOZEMAN MONTANA
Phone 406.587.0721 APPR 8Y: DJB FlGURE NUMBER
Fax 406.922.6702 DATE: 012017
engineers surveyors planners scientists _l PUBLIC WATER MAIN EASEMENT FIG. I
(:pPYelpn ,OaraSOtFlMIERtE.NC.Il111
5352f0071ACAMumeytFPLATM52007—WATER FASEMENT.dwg Plotled by cote norsworthy on JaN172017