HomeMy WebLinkAbout17- Corrected 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) Return after Recording:
City of Bozeman
City Clerk
P.O. Box 1230 PLATTE
Bozeman, MT s�9-7 1 S
2596137
Page: 1 of 6 10/19/2017 04.17;39 PM Fee; $42.00
IIIIIII IIIIII� Mills - Gallatin Co' Y, MT
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MISC
CORRECTED 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, Block 1, of Amended Plat of the Elks Club Property Subdivision, located in
the SW'/4 of Section 8, Township 2 South, Range 6 East, P.M.M., City of Bozeman,
Gallatin County,Montana,under Document No. S; G 1 D'I and as
Plat H-29- t✓ recorded in the office of the County Clerk and Recorder,
Gallatin County, Montana.
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.
This Corrected Sewer and Water Pipeline and Access Easement and Agreement corrects
the described real property contained in the Sewer and Water Pipeline and Access Easement and
Agreement, recorded on September 20, 2017 as Document No. 2593379, and amends,
supercedes and replaces such previously recorded Sewer and Water Pipeline and Access
Easement and Agreement.
GRANTOR:
East Main Investments, LLC:
By: f✓'
Donald E. ap , Jr, Member of JWT Restaurant Group, LLC,
b tube
Managi r of East Main Investments, LLC
STATE OF MONTANA )
):ss
County of Gallatin
On this day of U��/ , 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)
s - Notary Pu is for the State of M n ana
b<',o'u: w�; GA�071a UUBLIRIG gl1P UT
Rt'R
LiG(nf�atiN
SEAL
` Rftidino,t (Printed Name)
my"•c�nrrnes$� na n Expires Residing in
e 'Y A9,2090 My Commission Expires / /20
ACCEPTED:
CITY OF BOZEMAN
,•0�,. ■ ■ ■� By
• ��i, •9 Aeby�C' y ManaQ
ATTEST: r • a
City erk21
�.o•T,v �a
STATE OF MONTANA ) r"" —1r cam•
) ss.
County of Gallatin )
On this day of �� , 2017, before me, a Notary Public for the
State of Montana,personally appeared -sti%s.�, s,Jgp j=:Ig and �.
:96�% , known to me to be the tCity Mana er and
City Clerk for the C' 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 seal on the day
and year first above written,
BRENDA SWEENEY
;, Notary Public
mQ�0 ARiAt <>_for the State of Montana
-- Residing at:
.SEAL V,_ M Bozeman, Montana Notary Public for the State Montana
" �i�• ?�
ry`'y December
Expires:ecember 02,201 a c
i/11.1 1 1 1 11 v
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: /a/ c' j /20
EXHIBIT
SEWER AND WATER PIPELINE AND ACCESS EASEMENT FOR
LOT 1 , BLOCK 1 , OF THE AMENDED PLAT OF THE
ELKS CLUB PROPERTY SUBDIVISION
PLAT H-29- E
gq /IV \\ \ Fgsr
660°54'40"E
5 /A/ S
_
Co
30'WIDE WATER
PIPELINE AND ryN
ACCESS EASEMENT�/ /�ryti �•�:\ FX�STj _•\ \\
Al)-SSFwF�
LOT 2 �/ 15 SERVICE ER SEWER AND
EASEMENT WATER PIPELINE \ ` ;:� ; S 66654'40"E
AND ACCESS
ii 15 EASEMENT ; ; n r� 35' l 35 I
i 8080 S.F. I
LOT 1 0.185 ACRES i r
BLOCK 1 15'WIDE PUBLIC
rV ELKS CLUB STREETAND00
j Co UTILITY EASEMENT o W
PROPERTY SUB._ _ _ _ _ _ �
30'WIDE SEWER ; W I
PIPELINEAND z I
ACCESS EASEMENT ^ _
r, N 06'1919"W
N 64°42'34"W \ 4.86'
15.01' �'� �� \ \ j S 17°54'54"W
E I 2 j l 97.23'
I I _ I
I ti �\�� j I 10'WIDE
j 1 I 10,WIDE UTILITY �.� j j r` UTILITY
j EASEMENT I EASEMENT
"`I I N 73'03'55"W I ! ! I
E I I
27.16'
LOT 3 LOT 4 I
I Il 0 90s 44'54"W
j j I EXISTING SEWER EASEMENT I'
I
I
SHOWN ON PLA I I• I \ 1
�Xo�1TAA/,9 i �+t 1
DARRYL E. �
EASEMENT GRANTED l vIA7791LS I
WITH THIS EXHIBIT O 1791
30 0 30 60 yy
SCALE FEET <,, KLI71
Oct 06,2017-12:47pm-P:\Private\MRCity\Bozeman\11415006 East Main Commercial\CaftUtil Easements\Exhibit A3.chvg
EXHIBIT B
WATER PIPELINE AND ACCESS EASEMENT FOR
LOT 2, BLOCK 1 , OF THE AMENDED PLAT OF THE
ELKS CLUB PROPERTY SUBDIVISION
PLAT H-29-
,/ FgsT \
/ M,q/N s R
\ IS
r
/ �i q gSF�jNG2,
FF r`�R S 66°39'36"E `\
15.00'
S
12'WIDE PUBLIC •� )' \
ACCESS EASEMENT LOT 2 �q\
BLOCK 1 i
/ ! 5'WIDE PUBLIC STREET ELKS CLUB .
AND UTILITY EASEMENT PROPERTY 30'WIDE WATER N� �� % �•� \
j %/ SUB. PIPELINE AND
1 j j ACCESS EASEMENT
15'WIDE
l I j l SEWER
3 1 1 EXISTING 20' 15 / SERVICE
PLANTER STRIP WATER PIPELINE EASEMENT
o PLATH-29 AND ACCESS �'
j ! EASEMENT ^ %
3377 S.F. ti /�� LOT 1
0.078 ACRES o
z Ij i l oNi
Q I j j I. 10'WIDE UTILITY p�
-I I I EASEMENT
o I I I I
I Li----
i_._. / 10'WIDE UTILITY
= Imo_ _ __ __ __ __ _ L• /- EASEMENT
j I I N 90°00'00'W j
r^
j l 30'WIDE WATER 16.30' I E J
PIPELINE AND
ACCESS
EASEMENT LOT 3 I Ij I LOT 4
�4\0 Nl Tq
DARRYL
\MAGINU7 SON Of
GRANTED 0 1791LS 0 N
WITH THIS EXHIBIT �N
30 rr 0 30 60
l/' SCAIE FEET /q;K�J
Oct 06,2017-12:49pm-P:\PrivatelMT\City\Bozeman111415006 East Main CommerciallCadcWtil Easements\Exhibiytt 84Awg //,