HomeMy WebLinkAbout17- Water Pipeline and Access Easement and Agreement - East Main Investments, LLC - Lot 3, Block 1, Elks Club Property Subdivision (Blackmore Bend) Ret •n after Recording:
East M Investment, LLC
1184 North to Avenue, Suite 4
Bozeman, MT 9715
Return to: PLATTED
City of Bozeman
City Clerk
PO Box 1230 2593378
Bozeman, MT 59771-1230 page: 1 of 5 09/20/2017 04:23:45 PM Fee $35.00
Charlotte Mills - Gallatin County, MT MISC
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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 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 3 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 area is more particularly described on the attached Exhibit 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 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 E. C , Jr, Member of JWT Restaurant Group, LLC,
Managing, ember of East Main Investments, LLC
STATE OF MONTANA )
):ss
County of Gallatin )
-1 fir,
On this " day of`M,i_q , 2017, before me the undersigned, a Notary
Public for the State of Montana, personally 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 Notary Public f the-State of Montana
��P��Y VISS�'
. Notary Public / l
q4'9 ;for the State of Montana
Residing at: (Printed N e)
��.SVAI.,ze Belgrade, Montana
9 .... P; My Commission Expires: Residing in ljr lr c (r 7
January 28, 2020 My Commission 6xpires 6; / >e /20
ACCEPTED:
CIT OF BOZEMAN
130
«�? . By 1�
Cit Manager
ATTEST:
r �
City Clerk = '?rtiC0. .
STATE OF MONTANA )
) ss.
County of Gallatin )
On this �` day of c4co,1oe�,— , 2017, before me, a Notary Public for the
State of Montana, personally appeared)jky,&�\5' V-, G-b L �, , known
to me to be the City Manager and City Clerk for the City 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.
A BRENDA SWEENEY
°���• S'"FF.y: Notary Public
mQ'NoIARJ,4 .<=;/or the State of Montana
Residing at:
�•SEAL;�,= Bozeman, Montana Notary Public for the State o ontana
%9iF..�c?I My Commission Expires:
ti December 02,2018
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires:
EXHIBIT
WATER PIPELINE AND ACCESS EASEMENT FOR
LOT 3, BLOCK 1 , ELKS CLUB PROPERTY SUBDIVISION
II�j I 5'WIDE PUBLIC STREET
i I I AND UTILITY EASEMENT LOT 2
I I 1
I 1 10,WIDE UTILITY j/ / LOT 1
I I I EASEMENT
I ! ! ! m:i20.41'
2'34"E
LI- •-•-•-•-•-•----------•-•-•-•-•-•-•-•-N 90°00'00"E 234.03'00°24'21"E5w30.00' ::l
N 90°00'00"W 194.54' S 23'21'11"W
30'WIDE WATER � 8.36'
PIPELINE AND �I ACCESS (6mEASEMENT WATER PIPELINE N 26'57"W
Ili AND ACCESS
' z 1 I ! 12'WIDE PUBLIC EASEMENT
1 Imo_ACCESS EASEMENT I
14928 S.F.
LOT 3 0.343 ACRES ' LOT 4
_ ' ( i i j BLOCK 1
45' I I I I ELKS CLUB 30'WIDE WATER o I
j PROPERTY SUB. PIPELINE AND o
I i 1 1 ACCESS
EASEMENT w o I N 90°00'00"E
I o 55.49'
1 I I EXISTING 20' o I
�--I-�— PLANTER STRIP o
PLAT H-29 0 I S 00°02'41"E
z L1 - 30.00'
ate +d aY
N 90°00'00"W 85.74'
TRACT 4A / T,� TINT'40'Ac
AMENDED TRACT 4 T�1EN7-SHOVySNREARRANGEMENT OF ELK'S ___ _ H-29- NO
CLUB PROP.
EASEMENT GRANTED
WITH THIS EXHIBIT
N
30 0 30 60 11
SCALE FEET '+'K�I
Jun 26,2017-11:56am-P:\Private\M RCity\Bozeman\11415006 East Main Commercial\Cadd\Util Easements\Exhibit C3.dwg