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HomeMy WebLinkAbout17- Corrected Water Pipeline and Access Easement and Agreement - East Main Investments, LLC - Lot 3, Block 1, Elks Club Property Subdivision (Blackmore Bend) Return after Recording: City of Bozeman City Clerk P.O.Box 1230 Bozeman,MT 5 91 I PLF,TTEDS 2596136 Page: 1 of 5 10/19/2017 04:17:39 PM Fee. $35.00 Charlotte Mills - Gallatin County, MT MISC 11111111111111��II I111111��111111111111111�11111111111111111 III 1111111111�111111111111 CORRECTED 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, Block 1, of Amended Plat of the Elks Club Property Subdivision, located in the SWl/a of Section 8, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, under Document No. ;2 S9 & i_� Gj and as Plat H-29- L�: recorded in the office of the County Clerk and Recorder, Gallatin County, Montana. 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 back lied 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 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. 2593378, and amends, supercedes and replaces such previously recorded Water Pipeline and Access Easement and Agreement. GRANTOR: East Main Investments, LLC: By. Donald pe, Jr, Member of JWT Restaurant Group, LLC, Managi<Member of East Main Investments, LLC STATE OF MONTANA ) ):ss County of Gallatin ) On this day of p v , 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) jND.��PMouiw4p ';1 �7A YRUDLING pAHUT Notary Pu is for the State of o tana of SEAL ^" arding at W, nlrni�ssian (Printed Name) r0bF,1wY 01,2010 Residing in My Commission Expires / /20 ACCEPTED: CITY OF BOZEMAN fRRR✓. Z Y %� •.�, -jry� Ci Manager ATTEST: _ �ti� �' J City Clerk �''• ~ 1aa3 �� _' STATE OF MONTANA ) ss. County of Gallatin ) On this l t'� day of cQ�p� �. , 2017, before me, a Notary Public for the State of Montana, personally appeared )Nka' and "Lr. C uGI„ , known to me tb be the,City Manager and Cites Clerk for the City o 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. (SEAL) " BRENDA SWEENEY ��A SWFFR%' Notary Public 'me�,o?ARut�< for the State of Montana Residing at: Notary Public for the Stat of Montana SEAL -*? Bozeman, Montana �t z' My commission Expires: y''► , ,`, '' becember 02 2018 (Printed Name) Residing at Bozeman, Montana My Commission Expires: I� / � /20 EXHIBIT WATER PIPELINE AND ACCESS EASEMENT FOR LOT 3, BLOCK 1 , OF THE AMENDED PLAT OF THE ELKS CLUB PROPERTY SUBDIVISION PLAT H-29- f' j I 5'WIDE PUBLIC STREET I I I I AND UTILITY EASEMENT LOT 2 10'WIDE UTILITY j/ '1 j/ LOT 1 j I EASEMENT j — ............................................. / S 64°42'34"E j L I N 90°00'00"E 234.03' / _ 13.30' I �.� N 00°24'21"E I I 30.00' I I N 90°00'00"W 194.54' \\ • d I S 23°21'11"W I I ! 30'WIDE WATER TI j 1 1 PIPELINE AND o 1 8.36' 6 ; I I ACCESS Co 16 m i i EASEMENT WATER PIPELINE °' 20.41?6'S7"w I I l i i AND ACCESS 1 12'WIDEPUBLIC EASEMENT I ACCESS EASEMENT I 14552 S.F. LOT 3 0.334 ACRES LOT 4 BLOCK 1 0 `" 45' I I ! ! ELKS CLUB 30'WIDE WATER o 1 1 ! ! PROPERTY SUB. PIPELINE AND w o S 89°58'24"E I II ! ! ACCESS - 0 55.70' I I EASEMENT o U 1 I —M I ! i j EXISTING 20' o • I S 00°02'41"E l -j- PLANTER STRIP o 30.00, PLAT H-29 Z -•� I N 89°58'24"W 85.73' 1 \ \\ TRACT 4A / EXISTING 40' l i AMENDED TRACT 4 / PLAT EFN-rSHowN0. \\ REARRANGEMENT OF ELKS - _ _ _ \ CLUB PROP. �k0 N T4A j. � DARRYL E. EASEMENT GRANTED -;u 1'iAGNUSON Cj� WITH THIS EXHIBIT 0 '177911-3 0 N v _ 9 30 0 30 60 61 70 ALE FEET /f+'yKL' Oct 06,2017-1:39pm-P:\Private\MT1City\Bozeman\11415006 East Main Commercial\Cadd\Ulil Easements\Exhibit C3.ddwwwgg \�