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HomeMy WebLinkAbout17- Sewer and Water Pipeline and Access Easement and Agreement - RTR Holdings II, LLC - Lot 1, South University District Phase 2 Minor Subdivision Aft ecording return to: Capstone llegiate Communities, LLC 431 Office Par rive Birmingham, AL 3 PLATTED Return to: City Cle Clerk 2593369 Page: 1 .00 PO Box 1230 Charlotte fMills 09Galla0tin CCounty17 45MTM Fee. $3MI5c Bozeman, MT 59771-12 0 11111111111111111 V1111111111111111111IN 111111111IIIII 111111111111III1111111111111111111IN SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT RTR Holdings II, LLC a Montana limited liability company with address of 22 Turtle Rock Court, Tiburon, California 94920 GRANTOR, in consideration of one dollar ($ 1.00) and for other and valuable considerations, receipt of which is hereby 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 sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting wastewater and water in, through, and across a strip of land situated in City of Bozeman, Gallatin County, Montana, generally 31 feet wide to be located on the following described real property: Lot 1 of South University District Phase 2 Minor Subdivision, located in the NW1/4 of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County Montana [Plat reference: J-605] The easement is more particularly described 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 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 pipelines, 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 1 k threaten to interfere with or be hazardous to the construction, operation and maintenance of the pipelines; (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 pipelines 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_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. 2 (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. 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. r DATED this /?/day of 2017. GRANTOR: RTR Holdings II, LLC BY: Three Rivers Capital, LLC, Manager BY: ITS: STATE OF :ss. County of-J'6•'1 0446V(-0 ) On this l ej day of�_4�, 2017, before me, the undersigned, a Notary Public of the State of awn!t , personally appeared 9 L Cp-,en being the Member of Three Rivers Capital, LLC, Manager of RTR Holdings II, LLC, known to me to be the person that executed the within instrument and acknowledged to me he executed the same on behalf of the LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. (seal) NOTARY PUBLIC for the State of G S (('dm/4 DAVIDCFIARLESFREEMA4 Printed Name: D�,j l� G��✓1t1 /Le,ti �,� Notary PuDik•Cal WNW • Siri FranFieco Cpunty' Commlaaion-8 2125263 ' M t Amm Ea kia a 291019 3 ACCEPTED: CI OF�3OZEM�I by r%., B O ' � O� � �2�; •, Cit anager ATTEST: UCL City Clerk '�T�dlr CO T`©'• STATE OF MONTANA ) )ss. County of Gallatin ) On this V day of , 20tT, before me, a Notary Public for the State of Montana,personally appealed DENNIS M. TAYLOR and ROBIN CROUGH, known to me 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) =OF BRENDA SWEENEY Notary Publicfor the State of Montanallotary Public fir the State Montana Residing at:Bozeman, MontanaMy commission Expires: (Printed Name) December 02.2018 Residing at lEo ,' My Commission Expires 1 d /20 4 N:\2484-00116—MTSPI CAPSTONE SUD PH2—BOUNDARY ONL dw Surve dw 2484—DO116 Eo—ent EAfhlt.dwg,8.5 x 11 ortrolt,Plotted: Jun 16 2017—12.05pm, detohl EXHIBIT A Lot 2 South Lot 1 South University University Phase 1 Phase Campus Blvd. POB L2 S89'01'33"E 702.05' 283.20' 418.85' w 1 1 POB L3 — _ so 08'3 "W 0 I rn 1 1 I POB L5&6 (L6) OD �n 1 1 o Detail 1 �i I I S88 5 1'28'E 1 1 1 0 0 215.83' �I aDistrict '�1 50108'32"W `� o 1J57.92' z (L3) POB L1- - - - - - - - - Opportunity 28'E 1036.59' — — — — — ay � 0� � n � � o \ 1 N132438"W 22.sity \\ -327.65' o �' 1h. 2 1 1 (L4) � Detail 2 1 1 \ \ �N I I POB L4 \ o q 88°51'28"E 332.48' Student Dr. ROW South University District Ph. 2 Lot 2 South University District Ph. 2 BASIS OF BEARING: 0 100 200 400 South University District Phase 2 EASEMENT DESCRIPTION IN FEET Final Plat A 31 ft. wide* Sewer and Water Pipeline Easement located upon Lot 1 of South University District Phase 2, being 15.5 feet each side of the following centerlines: • L1: Beginning at a point on the east line of said Lot 1 from which the NE Corner of said Lot bears N01'40'54"E, 359.16 ft.; thence N88°51'28"W, 1036.59 ft. to a point on the west line of said Lot. • L2: Beginning at a point on the north line of said Lot 1 from which the NE Corner of said Lot bears S89°01'33"E, 702.05 ft.; thence S01°08'32"W, 674.23 ft. to a point on the south line of said Lot. • L3: Beginning at a point on the north line of said Lot 1 from which the NE Corner of said Lot bears S89°01'33"E, 418.85 ft.; thence S01°08'32"W, 357.92 ft. to a point on the centerline of L1 listed above. • L4: Beginning at a point on the south line of said Lot 1 from which the SE Corner of said Lot bears S88°51'28"E, 332.48 ft.; thence N13°24'38"W, 327.65 ft. to a point on the centerline of L1 listed above. • L5 & L6: Beginning at a point from which the POB for L4 bears N01'08'32"E, 85.69 ft; thence S88°51'28"E, 215.83 ft.; thence S01°08'32"W, 131.17 ft. *AND increasing in width from 15.5 ft. to 22.5 ft from centerline at four locations as detailed in this Exhibit. ��NEEy STAHLY ENGINEERING & ASSOCIATES Sewer and Water Pipeline Easement DESIGNED:CIVIL PROFESSIONAL ENGINEERS&SURVEYORS DRAWN: DRS CHECKED:CDP STAR LY www.seueng.com DATE: 05/09/2017 Located upon Lot 1 of South University District Ravi: 06/16/2017 1976 404 W.BROADWAY 3530 CENTENNIAL DR. 851 BRIDGER DR.STE.1 4^9�f S\�` LEWSTO N,MT—9457 PHELE(4A.MT 596 1 BOZEMA.MT 5971 Phase 2 SHEET �fIHTE Fox(40E)442-ess7 F—(4oe)s22-9WA City of Bozeman, MT EXHIBIT A