HomeMy WebLinkAbout16- Sewer and Water Pipeline and Access Easement and Agreement - 2B Holdings LLC - Cottonwood Corner Apartments Site Plan Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230
PLATTED
2584909
Page: 1 of 4 07/07/2017 11:24:08 AM Fee: $28.00
Charlotte Mills - Gallatin County, MT MISC
I I I I I I I I I I I I I III 1111111111111111 IN 111111111111111111 I I I I I I I 1111111111111111111111111111
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
2B Holdings LLC., a Montana limited liability company, with a mailing address of P.O. Box
10968, Bozeman, Montana 59719, the GRANTOR(S), in consideration of$1.00 and other good
and valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, a
Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, P.O.
Box 1230, Bozeman, Montana 59771-1230, GRANTEE, its successors and assigns, a perpetual
easement to lay, construct and maintain sanitary sewer and water pipelines with the usual
services, valves, connections, accessories and appurtenances for the purpose of transmitting
water and sanitary sewage 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:
Lots IA and 1B, Minor Subdivision No. 340B, located in the Southwest Quarter of
Section 10, T. 2 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana.
The easement is more particularly shown and dimensioned 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 sewer and 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 �C�"J� r' , 201
2B HOLDINGS, LLC, a Montana limited liability company
By njamin . istler, Manager
STATE OF MONTANA )
):ss
County of Gallatin )
This instrument was signed or acknowledged before me this l 3` ' day of C 10 th ,
201 It , by Benjamin E. Nistler, as Manager of 2B HOLDINGS, LLC, a Montana limited
liability company.
SEAL
JACLYN WIEGAND
Notary Pu#lic for the tate of Montana
Notary Public /
�PapTAR�gC_�yfor the State of Montana Printed ame: ( �/
= Residing at: Residing at
* " SEAL.-Q Belgrade, Montana
9 ?' My Commission Expires: My Commission Expires _/ /20
OF
May 01,2020
ACCEPTED: CITY OF BOZEMAN
By:
ATTEST:
Robin Crough, Cit er , •4:4 `
TIN C0.~t
STATE OF MONTANA` )` '
) ss. QI
County of Gallatin )
n r�E�VNI S M .T�1,lA1L
On this o� day of �,��Q_ , 20before me, a Notary Public for the State
_,of Montana, personally appeared eH Tr A TIT TTIT TT QTIT and ROBIN CROUGH, known to me
(nV1 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)
frr,G,p KEN1,F,L ALICIA KENNEDY
` aOT=R,y�•�.��s NOTARY PUBLIC for the Notary Public for e LSte of Montana
SEAL` STATE OF MONTANA Printed Name:
tea. Q=Residing at Bozeman,Montana
r
`pTe a�P, MY Commission Fxoir.s Residing at
of M°.•'' August 04,2^t9
My Commission Expires / /20-a
G:\C&H\16\16387\EASEMENT EXHIBITS\Sewer Water Pipeline Access Easement.Doc
PUBLIC UTILITY EASEMENT
EXHIBIT A
PART OF LOTS 1A AND 1B, MINOR SUBDIVISION NO. 340B, LOCATED IN THE SW 114,
SECTION 10, T. 2 S., R. 5 E. OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
N � L
O LL W
TRACT 3A, BLOCK 1
cc
VALLEY WEST SUBDIVISION Q O.S.-4, PHASE 1A
AM. PLAT J-320-A VALLEY WEST
I SUBDIVISION
l
12'IW 12"W 12"W 1 W "W 12"W
WEST 2 ABC0dk' STRE
c�'-ems — — —
N
15.0' PUBLIC[ �ILIZIMENT
N
82. 0 13888 30.00' 23.05
w
J O a-
BUILDING 5
`0 SS _
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Of
Co
BUILDING 4 $�' _ M LOT 3A
C'IN= MINOR SUBDIVISION NO. 295
o ' � �'� Delaney and Company, Inc. et al.
� .N 2214590
v�
00 to
LOT 1A
4
oo N
N
IN � N
BUILDING 3 N EASEMENT FOR SANITARY SEWER
■■ r �bt o AND WATER MAINS AND
- � �N �" APPURTENANCES.
�� �iN cO
- -- t b AREA OF MUTUAL ACCESS EASEMENT
226
7--
A59 o9cr22 0LOT 1 A: 11,678 SQ. FT.
LOT 1 B: 10.110 SQ. FT.
2, I��TILITY EASEMENT TOTAL: 21,788 SQ. FT.
6 wZl_788 S Ft,
s"w q ___273.90 90'22_55"
`0,5002 Acres g� ,—„ I
220.85' 2772255"
o
z
Q ..__...�. ,k,.._......, ..k_._" .. '_
T m BUILDING 2
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n z w o Z_
C0 o.�._ .m a�
Cc',) v�� _— --.e 1.5.00 09V1317, .- 00
Q o w
N w � wUj
m Q Q [NO'22'24"E]
v� Co w m�
'0 o Q o o LOT 1B 15.00' 270'13'17' _ I
z rn [N89',46'43"W]
N I of L
N Scale In Feet
a �� u v �1�0 22'2 "E]. -� �23:05 60 0 60
o z
o O �� — 30.00' 270`13'97� — 18 0 18
z0 [N89'46 43"W] _
- Scale In Meters
N C> BUILDING 1
v, r THIS EXHIBIT SHOWS A PUBLIC UTILITY
EASEMENT FOR LOTS 1A AND 1B,
MINOR SUBDIVISION NO. 340B, CITY OF
BOZEMAN, GALLATIN COUNTY, MONTANA.
0'
QSUC ACCESS EASEMENT
C
� 273.87 270'13'17" NO. 2249539
30 13.5' PUDLIC'","P CESS
LOT 2-; EASEMENT PER CFO
0. 2466058
ACCESS FASEMENTMINOR SUBDIVISION NO. 340
• [PER R WETBP CONDOMAaSTER MS
MINO --
SUBDIVISION 340
Engineering and Surveying Inc.
1091 Stoneridge Drive•Bozeman, MT 59718
Phone(406)587-1115•Fax(406)587-9768
www.chengineers.com•info@chengineers.com Sheet I O,f
#16387