HomeMy WebLinkAbout17- Corrected Water Pipeline and Access Easement and Agreement - O-S Leasing Partners, LLP - Lot 4, Block 1, Elks Club Property Subdivision (Blackmore Bend) Return after Recordine: PLATTED�
City of Bozeman
City Clerk
P.O.Box 1230
Bozeman,MT 59771 2596145
Page: 1 of 5 10/19/2017 04:17:39 PM Fee: $35.00
Charlotte Mills - Gallatin County, MT MISC
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CORRECTED 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,Block 1,of the Amended Plat of Elks Club Property Subdivision,located in the
S W'IA of Section 8,Township 2 South,Range 6 East,City of Bozeman,Gallatin County,
Montana,under Document No. a 59& I a q and as Plat H-29-_r
recorded in the office of the County Clerk and Recorder,Gallatin County,Montana.
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 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
I
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.
This Corrected Water Pipeline and Access Easement and Agreement corrects the
described real property contained in the Water Pipeline and Access Easement and Agreement,
recorded on September 20,2017 as Document No.2593375,and amends,supercedes and
replaces such previously recorded Water Pipeline and Access Easement and Agreement.
GRANTOR:
O-S Leasi artners,L � .�
By:
Its:
STATE OF MONTANA )
ss
County of Gallatin )
On this O� 1k day of O 2017 fo e me t e qpdersigned,a Notary Public
for the State of Montana,personally appeared i 0-6- W. \%eV MCLL4 ,
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.
d+'gd�
�� �B�� RADOSTINA BENN�R 5'NA Notary Public
_Zg•NoTARrg4 for the State of Montana
Residing at: Notary P iblic for the a �Mtana
SEAI..��; Belgrade, Montana
%9 ? My Commission Expires: printed Nam
January 17,2018
Residing in uti
My Commission Expires 01 / - /20 I
ACCEPTED: �"• " •�`
U; `�� "'� • * CITY OF BOZEMAN
G1'� ga3+.. ; ;' By
r+r 9tL� ' • • '♦�lO - ►UI I�/ Ci Manager
ATT _ TI O v
City Cler
STATE OF MONTANA )
)ss.
County of Gallatin )
On this Nay of 2017,before me,a Notary Public for the
StaLeofMontana4
personally appeared and �S
P� V� L4 0 L ,known to me to be the City Manager and City
Clerk for the City of Bozemah 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 seal on the day
and year first above written.
BRENDA SWEENEY
SwFF,`'>,, Nctary Public
NOTm i A for the State of Montana Notary Public for the State of Mont
Residing at:
'* SEAL *' Bozcman, Montana �.� g� S e�c1�
'- iF My Commission Expires: (Printed Name)
„► December 02,2018
Residing at Bozeman,Montana
My Commission Expires:/aL -a- /201Z
EXHIBIT
WATER PIPELINE AND ACCESS EASEMENT FOR
LOT 4, BLOCK 1 , OF THE AMENDED PLAT OF THE
ELKS CLUB PROPERTY SUBDIVISION
PLAT H-29- F
LOT 2 LOT 1
i i i I I
........ / 15'WIDE PUBLIC
`, 10'WIDE STREETAND
UTILITY UTILITY EASEMENT
r j �� � EASEMENT Ili I
30'WIDE SEWER i//
PIPELINEAND
1 I ACCESS
c I EASEMENT
/Al
^ /I
I j I
i I j I 10'WIDE I
LOT 3 I LOT 4 II - � UTILITY
I I I BLOCK 1 EASEMENT I
I I 30'WIDE ELKS CLUB
WATER i WATER PIPELINE PROPERTY
PIPELINE AND ACCESS SUB
AND ACCESS
I I EASEMENT I EASEMENT
I I I 43582 S.F. EXISTING SEWER
S 89°58'24"E
I I EASEMENT SHOWN \ \,
24.22' 1.001 ACRES
I I ON PLAT H-29-B I � •\ 35 \
` I
N 00°02'41"W 1 35
j 30'WIDE WATER y
w
PIPELINE AND
ACCESS EASEMENT �•' 'S' \
L._._._._._._._._._._. \y0
N 89°58'24"W I Aso / O�GG
8.75' cP1 00, 00 O PGO•rla 2 'per
/ TN 35°30'49"W 00�Q P �' Lot 3
44.16' �•' MINOR SUB 16
r _ N 78°55'52"W /
/ 38.81' S 55°34'01"W /
ACCESSG 40.. - - _ _ _ \ k� 3.33' / \
/ EASEMENT 30'WIDE
SHOWN O WATER
I PLAT H.29 A PIPELINE AND \ /
ACCESS /
EASEMENT
TRACT 4B
AMENDED TRACT 4c`��i
REARRANGEMENT OF ELK'S CLUB PROP. \ DARRYL E.
r) INIAGNUSON p
p •17791 LS `�j N
EASEMENT GRANTED
WITH THIS EXHIBIT .
30 0 30 60 ■r' 7
101� 9�zo ^L J�CALE FEET /�
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