The URL can be used to link to this page

Home My WebLink About17- Public Utility and Access Easement and Agreement - Rosa Construction, Inc. - Rosa Apartments Site Plan RETURN RECORDED DEED TO: Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231 _ PLATTED 2584908 � Page: 1 of 5 07/07/2017 11:24:08 AM Fee $35.00 Charlotte Mills - Gallatin County, MT MISC ,111 IIIIIII��1111111111111111111111111 IIIIIII III 11111 PUBLIC UTILITY AND ACCESS EASEMENT AND AGREEMENT Rosa Construction, Inc., a Montana Corporation, 125 Central Avenue, Unit IA, Bozeman, MT 59718, the GRANTOR, in consideration of one dollar and other good and valuable consideration, receipt of which is acknowledged, does hereby grant to City of Bozeman, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal Corporation of the State of Montana, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sanitary sewer pipelines and water mains with the usual services, manholes, connections, accessories and appurtenances for the purpose of transmitting sanitary sewer and water in, through and across a strip of land situated in Gallatin County, Montana, 30 feet wide to be located on the following described real property: Lot 1, Block 1 of Traditions Subdivision - Phase 3, and located in the East Half of the Southeast Quarter of Section 4, T. 2 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly shown on the attached 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, manholes, 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 sanitary sewer 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 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_Ma- , 2017. G7 TO . R sa Construction, Inc., a Montana Corporation By: Jo Rosa, President I STATE OF MONTANA ) ) ss. County of Gallatin ) This instrument was signed or acknowledged before me this day of r L 2017, by John Rosa, President of Rosa Construction, Inc., a Montana Corporation. (SEAL) Notary Public for tate of Montana Printed Name: he"i cL (, "U. �,-.� ,,�UATrN�:, SHEILA TINJUM . L - Notary Public Residing at ty Z-C/hr1 CL—✓� ` �'apTAR/g4- for the state of Montana My Commission Expires 0 / 0 3 /20� _ —'— = Rcsiding at: 9.SEAL.P�Q; Bozeman, Montana My commission Expires: OF August 03,2019 DATED this day of 1� Vk(,/G , 201 . ACCEPTED - CITY OF BOZEMAN By: DeNiis Taylor its City Manac:,,eX,, 1 vt��' OF.B ATTEST: , r 7' By: Robin Crough, its City ��:: STATE OF MONTANA )ss.` County of Gallatin ) On this Q—A- day of �; , before me, a Notary Public for the State of Montana, personally appeared DENNIS TAYLOR and ROBIN CROUGH, known to me Iln+cvi tM 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) 0 Notary Public fo he S to of Montana ALICIA KENNEDY `. •'" KEN"'",� Eej Hot_R,, Printed Name: NOTARY PUBLIC for the Residing at Y\ STATE OF MONTANA SEAL, m�,� ,cr Residing at Bozeman,Montana �9 My Commission Expires / /20a ", t�=+ My Commission Expires .oy � August 04,2019 G:\C&H\16\16723\3rd submittal\30 ft.wide public road and utility easementt.Doc C TRAT 5 EXISTING 60' WIDE PUBLIC COS pNDER E SON STREET AND UTILITY VESTA CARHER�40 C-E 1/16 COR. SEC. 4 EASEMENT PER DOC. EXISTING 30' WIDE EASEMENT nnHRY 2244707 E 1/4 COR. OF SEC. 4. LEGEND FND. 5/8 REBAR W/ #2253980 AND AS DEDICATED ON FND. 5/8" REBAR 5" UP ( 303) YPC AS W.C. SOUTHERLY TRADITIONS SUBDIVISION-PHASE 2 SOUTH O POW AT FENCE CORNER. Sheet 1 of 1 RECORD DISTANCE OR 9.58' FROM TRUE 94 FM 03) SEE CCR BK.2,P.252 (R) AZIMUTH CORNER. _ 662.43 089'35'55" N. LINE OF SE1/4, SEC. 4 T 269'35'55" 662.43 ar (M) MEASURED DISTANCE OR On WEST OAK STREET [N89'35 55'E] 662.42 089'35'55 >, [S89°35'55' I 'r= AZIMUTH o '352-9"E] 0 WEST OAK STREET 1 ' NO ACCESS STRfP 0 " FOUND 5/8 INCH REBAR WITH 632.39 089'35 59 1 • 1 1/4 INCH PLASTIC CAP 58.- _ �7 _------ - - 3o 130 AREA _ _, MARKED (C&H #9518ES) OR I 10' UTILITY I; COMMON c ULr U AS NOTED I 15' WIDE STORM SEWER EASEMENT (TYP.) w I $ 0 CONTROL POINT EASEMENT FOR STORM PROPERTY BOUNDARY LINE SEWER FROM FLANDERS SURROUNDING PROPERTY LINE �I o �I CREEK SUBDIVISION -EASEMENT o� cvl Y I LOT 5 oj `-I Q uj l z PUBLIC UTILITY AND ACCESS EASEMENT I 01,0 0 7 J� 1 Ln co 0 n LOT 1 I Z Z AREA OF EASEMENT: 4,236 SQUARE FEET 3as94 sq Ft I -I W I > of 7.9463 Ac I 0.0972 ACRES C4 II CC) m I �� U w o I BLOCK 1 [N86°34'38"W] III �~i a ICn pp�qq N N o 1 m 77.62 273'25'22" o I a 0 o NmEn [N89'41 '38"W] �; o z rn� w�m Z 63.76 270°18'[ ' ' " ] - - 46 `00 - �- (�OMM 1 A-< 30.00 180°18'01 "___----A _ �� FLANDERS WAY OPE 1 [S89 41 59 E] PAC 1 1 63.37 090°18'01 " I; N `° I z �49,634 Sq 1Ft (.-1 1 1.1394 Ad 1 1 0 [S86'34'38"E] �'ll I I LOT 3 I O W a\ 77.62 093'25 22 \\ \\ � 30' PUBLIC UTILITY AND ACCESS EASEMENT rnl I �-� cfl a A $ Lij w I i z T I .�z8 Scale In Feet I n; 00 1 NI m I I Z O 100 0 100 1 1 2 1 U LOT � LOT � w �R� 30 0 30 II 1 `�A A 1 10' UTILITY I I IJ�NOERSv�SjO� Scale In Meters w o - I I �� 11— - - - - - EASEMENT (TYP.)� �;I 30 30 F SUBS v� o 32� - 4-9"2- - - - - J I L - - o0- ° 631 .96. 269'59'59" o fcszn rJ W, SHERWOOD WAY I SNERWOOD WAY LEGAL DESCRIPTION ` O 2Q6.00 089 5' 9'59" 105.88 ' -- Lot 1, Block 1, Traditions N �- Subdivision, Phase 3 — — — 30 30 I LOT 1 6B Located in I \� \\110' UTILITY LOT 4 I I LOT 22 I LOT 1 3o 13o L nra,,,;,,9 Date. 04-07-17 E 1/2 of the SE 1/4 of Section 4, EAS �1T ( YP.) I I- LOT 15A T. 2 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, EASEMENT EXHIBIT Montana 1 El SCALE: 1"=50' 16723