HomeMy WebLinkAbout17- Sewer and Water Pipeline and Access Easement and Agreement - East Main Investments, LLC - Lots 1 and 2, Block 1, Elks Club Property Subdivision (Blackmore Bend) I� rn after Recording:
East n Investment, LLC
1184 No 5th Avenue, Suite 4
Bozeman, MT 715
Return to:
PLATTED
City of Bozeman
City Clerk
PO Box 1230 2593379
Bozeman, MT 59771-1230 Page: 1 of 6 09/20/2017 04:23:45 PM Fee $4200
Charlotte Mills - Gallatin County, MT MISC
IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
EAST MAIN INVESTMENTS, LLC, the GRANTOR, in consideration of$1.00 and other
good and valuable consideration, receipt of which is acknowledged, grants to THE CITY OF
BOZEMAN, a municipal corporation of the State of Montana, with offices at 121 North Rouse
Avenue, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual easement
to lay, construct and maintain a sewer and water pipeline with the usual services, valves,
connections, accessories and appurtenances for the purpose of transmitting sewage and water in,
through, and across the strips of land situated in Gallatin County, Montana, which easement shall
be thirty (30) feet wide and shall be located on the following described real property:
Lots 1 and 2 in Block 1 of Elks Club Property Subdivision, located in the SWl/4 of
Section 8, Township 2 South, Range 6 East, City of Bozeman, according to the official
plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin
County, Montana. (Plat Reference: )
The easement areas are more particularly described on the attached Exhibits A and B
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 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, it will
repair or replace, at its sole expense, or pay to GRANTOR 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 AGREE:
(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 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. 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.
GRANTOR:
East Main Investments, LLC:
By:
Donald - . ape, Jr, Member of JWT Restaurant Group, LLC,
Manag Member of East Main Investments, LLC
STATE OF MONTANA )
):ss
County of Gallatin )
V
On this /7 — day of , t , 2017, before me the undersigned, a Notary
Public for the State of Montana, personf lly appeared Donald E. Cape, Jr., known to me to be
Member of JWT Restaurant Group, LLC, the Managing Member of East Main Investments, 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 East Main Investments, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
"""'' SHIRLEY VISSER
\P�EY��SS' Notary Public f r the State of Montana
.• F , Notary Public y
1ARIq j. for the State of Montana
Residing at: 7�Jr'�' �`�✓
N .SI;AI.. Q Belgrade, Montana
9 ....•. P?;' (Printed Na— e)
of ma", My Commission Expires:
January 283 2020 Residing in C � ) i
My Commission Expires / /1 /20��
ACCEPTED:
CITY OF BOZEMAN
B
. � y
F K y City Manager
ATTEST:
City Clerk TI
STATE OF MONTANA
) ss.
County of Gallatin )
On this day of _ , 2017, before me, a Notary Public for the
State of Montana,personally appe ed Ag h N�. -To u d— �o b i h gym,u c�L known
to me to be the City Manager and City Clerk for the Ci of Bozeman and the perso s 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.
s� BRENDA SWEENEY
°�� ''' •Fq,% Notary Public
mQ'aoTAR14 for the State of Montana
*: Residing at: -
*' SEAL.-' Bozeman, Montana Notary Public for the State o Montana
My Commission Expires
,,;,,,,,,,7, December 02,2018
�C t�0 \,
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: %—l 120_L,�'
EXHIBIT
SEWER AND WATER PIPELINE AND ACCESS EASEMENT FOR
LOT 1 , BLOCK 1 , ELKS CLUB PROPERTY SUBDIVISION
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30'WIDE WATER / �•� �,
ACCESS EA SEMEN ryry ryryry ''' �' FS�STi'G\\ `\
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/ ��FMFiyTo"PIPELINE AND
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LOT 2 �i`�. 15'WIDE SEWER SEWER AND
SERVICE '
/
/ EASEMENT `•�\ S 66°54'40"E
WATER PIPELINE 17.86'
/ AND ACCESS
EASEMENT 35• '
o``' 15 8080 S.F. i 35'
/ o,zi LOT 1 0.185 ACRES
'
IT BLOCK 1 15'WIDE PUBLIC 1 r, If
/ N ELKS CLUB STREETANDco
/ PROPERTY SUB. UTILITY EASEMENT J i ccLU
—----------- 30'WIDE SEWER 1 0 I
z PIPELINE AND C� I
ACCESS EASEMENT
44/
N 06'19'19"W rr 1 I
N 64°42'34"W `\ 4.86' A
15.01' \ ��` j/ S 17-54-54"W I
97.23'
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i j I J `� 1 10'WIDE I
1 I 10'WIDE UTILITY ` UTILITY
j 1 1 EASEMENT I EASEMENT
t I ",*N 730355 W ► I
1 I
LOT 3 LOT 4 27.16" IS 88°44'54"W ' I
I I I 1 0.90,
1 I '
I I 1 EXISTING SEWER EASEMENT
1 SHOWN ON PLAT H-29-B 1 1 11 \
EASEMENT GRANTED
WITH THIS EXHIBIT
N
30 0 30 60 77
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EXHIBIT
WATER PIPELINE AND ACCESS EASEMENT FOR
LOT 2, BLOCK 1 , ELKS CLUB PROPERTY SUBDIVISION
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/ / / ?�•�\ �S�TjNG2\ �o
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/ n 15.00'
\NSF 3FR
12'WIDE PUBLIC �• ` T
/ / / ACCESS EASEMENT LOT 2 `�,` ,. �•.j•�
/ / // BLOCK 1
/ / 5'WIDE PUBLIC STREET ELKS CLUB
AND UTILITY EASEMENT PROPERTY 30'WIDE WATER
PIPELINE AND ry %
SUB. ACCESS EASEMENT /
15'WIDE
I 1 , 1 /�_ SEWER
1 1 1 EXISTING 20' 15 / SERVICE
PLANTERST�RIP WATER PIPELINE \ EASEMENT
PLATAND ACCESS
EASEMENT
I m - III 3377 S.F. ory 3 %%/ LOT 1
o I I ! ! 0.078 ACRES o
z ( 1 I I
J I ( , I ! 10'WIDE UTILITY = o�
j I EASEMENT ,'' N %
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Y_ EASEMENT
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30'WIDE WATER 90°00'00 111 �
i l l ' 1 f 1
I ! ! PI ACCESS 16.30
LOT 3
j I LOT 4
l i EASEMENT I !
EASEMENT GRANTED
WITH THIS EXHIBIT
N
30 0 30 60 SCALE FEET <SFKLI
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