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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 \\ \ ''� �x/STD .,•e �\ Fq s �� gGRFMFyT S" S 66°54'40"E `\ T 'vf �FMFyT'y 71 15.00, 0 30'WIDE WATER / �•� �, ACCESS EA SEMEN ryry ryryry ''' �' FS�STi'G\\ `\ N / ��FMFiyTo"PIPELINE AND SF 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' r j I 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 SCALE FEET KQ Jun 26,2017-10:45am-P:\Private\MnCity\Bozeman\11415006 East Main Commercial\Cadd\Util Easements\Exhibit A3.dwg EXHIBIT WATER PIPELINE AND ACCESS EASEMENT FOR LOT 2, BLOCK 1 , ELKS CLUB PROPERTY SUBDIVISION -------7' F�STM �\ q/NSA / / / ?�•�\ �S�TjNG2\ �o \RF4f"Al2B,p,,- �� S66°39'36"E \\. / 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 % (D Co L/` 0'WIDEUTILIT Y_ EASEMENT T _ __ __ _ �. I i I 1 r r- j j l N "W 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 Jun 26,2017-11:41am-P:\Private\M RCity\Bozeman\11415006 East Main Commercial\Cadd\Util Easements\Exhibit B4.dwg