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HomeMy WebLinkAbout17- Water Pipeline and Access Easement and Agreement - O-S Leasing Partners, LLP - Lot 4, Block 1, Elks Club Property Subdivision (Blackmore Bend) 2593375 Page: 1 of 5 09/20/2017 04:23:46 PM Fee $35.00 Charlotte Mills — Gallatin Countyi MT MISC 1111111111111111 VI IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII rn after Recording: Return to: O-S ing Partners,LLP City of Bozeman 203 Hagge Lane City Clerk PLATTED Bozeman,MT 15 Pp Box 1230 Bozeman, MT 59771-1230 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT O-S LEASING PARTNERS,LLP,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 water pipeline with the usual services,valves,connections, accessories and appurtenances for the purpose of transmitting water in,through,and across a strip 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: Lot 4 in Block 1 of Elks Club Property Subdivision,located in the SW'/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 area is more particularly described on the attached Exhibits 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 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, 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 frill 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 backtilled 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 till 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: O-S Leasing Partners,LLP: By: Its: (�g4A2 Jc�-�—�G(sr4o , STATE OF MONTANA ) ss County of Gallatin ) On this c( day of Zt Ly-uL 2017,before me the undersigned,a Notary Public for the State of Montana,personally appeared y MaL :T hLi]!O]Q known to me to be an authorized representative of O-S Leasing Partners,LLP and the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the within instrument for and on behalf of O-S Leasing Partners,LLP. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. LAURA B LEE �vRA B 4,�i Notary Public Q C :\,oTARtgj. '-for the State of Montana otary Public for the State of Montana Residing at: N `u SEAL Bozeman,Bozeman, Montana Lc u. --d �e- •,9 •.•• P, My Commission Expires: (printed Na July 25,201 8 Residing in ImQ My Commission Expires(', /- �/20 ACCEPTED: ,< r ©V'`•B.O.2 , OF BOZEMAN _ tty Manager — ATTEST: .U■ =`''+; ■ City Clerk ��•., 1883 •••�� STATE OF MONTANA ) L9TjN CO r10� )ss. County of Gallatin ) On this�day of 2017,before me,a Nota Public for the State of Montana,personally appea ed ' t+ known to me to be the City Manager and City Clerk for the City of Bozeman and the persons w iose 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 ENDA SWEENEY ,!��� ' FFy', Notary Public _ 00TAR1gY 1< for the State of Montana Notary Public foi the State of Montana = Residing at: SEAL - Bozeman, Montana My Commission Expires: (Printed Name) December 02;2018 Residing at Bozeman,Montana My Commission Expires/.I/ -)-- /20J EXHIBIT WATER PIPELINE AND ACCESS EASEMENT FOR LOT 4, BLOCK 1 , ELKS CLUB PROPERTY SUBDIVISION LOT 2 i/ LOT 1 ........ 15'WIDE PUBLIC 10'WIDE STREET AND ` UTILITY UTILITY EASEMENT EASEMENT l j l j I 30'WIDE SEWER PIPELINE AND ACCESS I y \EASEMENT I I i ti �� �_ / A 11 1 j I 10'WIDE I E i LOT 3 I LOT 4 1 -}! UTILITY I I I BLOCK 1 1 jl EASEMENT I 30'WIDE 1 ELKS CLUB WATER I WATER PIPELINE PROPERTY I j PIPELINE AND ACCESS 1 1 ! 1 I I AND ACCESS SUB I . ! 1 ! 1 EASEMENT EASEMENT !1 'I I I I 2788 S.F. EXISTING SEWER ! ` , I I 1 0.064 ACRES EASEMENT SHOWN I I N 90°00'00"E ON PLAT H-29-B I E 33.13' 1 35 I N 00°02'41"W.........1 30'WIDE WATER y I 30.00' PIPELINE AND =t--1 W W ACCESS EASEMENT N 90°00'00"W i / P Lot 3 / N 35°30'49"W �� �O�e � 44.16' MINOR SUB 16 _ _ N 78°55'52"W �. / 38.81' C ��. S 55°34'01"W / / EXI E SG 40 _._.____��\ k� 3.33' / AC / \\ / EASEMENT 30'WIDE l SAOTwNON PIPELINE WATER AND PL H-29-q ACCESS / EASEMENT TRACT4B AMENDED TRACT 4 REARRANGEMENT OF ELKS CLUB PROP. \ / EASEMENT GRANTED N WITH THIS EXHIBIT 30 0 30 60 7 SCALE FEET � K�J Jun 26,2017-1:27pm-P:\Private\MTCity\Bozeman\l 1415006 East Main Commercial\Cadd\Util Easements\Exhibit D3.dwg