HomeMy WebLinkAbout17- Corrected Stormwater and Drainage Easement and Agreement - East Main Investments, LLC - Lots 1, 2, and 3, Block 1, Elks Club Property Subdivision (Blackmore Bend) %Rgturn after Recording:
East in Investment, LLC
1184 No Sth Avenue, Suite 4
Bozeman, MT 5 PLATTEQS
2596135
Return to: Page: 1 of 6 10/19/2017 04:17:39 PM Fee $42.00
City of Bozeman Charlotte Mills - Gallatin County, MT MISC
City Clerk �111111 III 11H 11111m 11111
PO Box 1230
Swaman, MT 59771-1230
CORRECTED STORMWATER AND DRAINAGE 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 BLACKMORE BEND
SUBDIVISION OWNERS' ASSOCIATION, INC., of 1184 North 15th Avenue, Suite 4,
Bozeman, Montana 59715, GRANTEE, its successors and assigns, perpetual easements to lay,
construct and maintain storm water pipelines and detention facilities and with the usual services,
manholes, inlet structures, storm water treatment units, connections, accessories and
appurtenances for the purpose of transmitting storm water runoff in, over, through and across the
strips of land situated in Gallatin County, Montana, and shall be located on the following
described real property:
Lots 1, 2 and 3, 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. �)5 c1 (, i ) and as
Plat H-29- F 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, B and C
which by this reference are made a part hereof, and the easements shall be the width depicted on
said exhibits.
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
easements and the pipelines 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 pipelines;
(3) Grade the land subject to the easements and extend the cuts and fills of this grading into
and on the land adjacent to that which is subject to the easements to the extent
GRANTEE may find reasonably necessary.
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said storm water pipelines, 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 easements without the prior written consent of GRANTEE.
(2) At no time will they modify the finished grade of the land over the pipelines by removal
of existing soil or by placement of fill material within the boundaries of said easements
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 easements 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 Stormwater and Drainage Easement and Agreement corrects the
described real property contained in the Stormwater and Drainage Easement and Agreement,
recorded on July 11, 2017 as Document No. 2585198, and amends, supercedes and replaces such
previously recorded Stormwater and Drainage Easement and Agreement.
GRANTOR:
East Main Investments, LLC:
By:
Donald E. Cap , J , Member of JWT Restaurant Group, LLC,
Managing M 1 er of East Main Investments, LLC
STATE OF MONTANA )
):ss
County of Gallatin )
On this day of , 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
iA$11Dat
NOTARY C.
Vt ��`Cr I
�m3 Notary P lic for the State of ntana
-` y m►tt
(Printed Name)
Residing in
My Commission Expires / /20
EXHIBIT
STORM DRAIN EASEMENT FOR
LOT 1 , BLOCK 1 , OF THE AMENDED PLAT OF THE
ELKS CLUB PROPERTY SUBDIVISION
PLAT H-29- E
.,•,. .,.,. '� �\ Mai �o �\
N 23°0320 40"E` S 56633'06"E
r. \ T
N 55°33'06"
LOT 2 31.26'
30'WIDE WATER / / % �.�• \\ \
PIPELINE AND
ACCESS EASEMENT ;/ fb �'� �• / II,� G30
sF RF
/ 73
15'WIDE SEWER BLOCK 1 W
SERVICE
EASEMENT �� / ELKS CLUB PROPERTY SU�� ;�., ` LLl
N 09640'13"W i 66.23' 15'WIDE PUBLIC ��• = Q
67.49.y STREET AND I I
STORM DRAIN UTILITY 35, '
s�s4S26 20' EASEMENT EASEMENT ij 1 ; I 35,
N 23°03'02"E \ 16, E (WIDTH VARIES) /— I 10'WIDE I
20.01' i ��_� 15826 S.F. 30'WIDE SEWER �/ I I UTILITY I
/ O 0.363 ACRES PIPELINE AND % I I EASEMENT '
N ACCESS I I 1 I I
366ST EASEMENT
_._._._._._._/ l T362 ly _ 4g"F N 39°27'00"E j 11
N 26°48'09"E 31.94'
43.76' 162)
L=11'37'21" I
1, I j� ' R=372.10'
o o I N 73°03'55"W _N�3°p3 j I L=75.48'
z z Z ! 20.14' ems„w l i waf I ' S 23 /
°48'09"W
I Ewa I I 10.0T ���15 .84 %
uWi g W 10'WIDE UTILITY
I p I I EASEMENT N 02°13'13"E
X� T I I
wW I ; 10.34' I I ! I
j
M ¢ i LOT 3 I/ LOT 4 N 73°03'55"W ! I !13.13' 1 S 88°44'54"W
I I j �. I ! 1 19.28' 1
ra T,qn��
EASEMENT GRANTED _o DARRYL E.
WITH THIS EXHIBIT NIAG+`lUSON
O-c� '17791LS .N
v
111 0 0 30 60
�0l�/ CALE FEET
Oct 06,2017-1:09pm-P:\Private\MTRCity\Bozeman\l 1415006 East Main Commercial\Cadd\Ulil Easements\Exhibit A5.dwg
EXHIBIT B
STORM DRAIN EASEMENT FOR
LOT 2, BLOCK 1 , OF THE AMENDED PLAT OF THE
ELKS CLUB PROPERTY SUBDIVISION
PLAT H-29-
-------y
/ / .� RF Fqs • �b
4FF�r`
654 \
--7" \
30\ `\\ sFMN
vT Fl1
/�• / LOT 2 �•��F 7SF
BLOCK 1 30, �\9TELKS CLUB
�'�• T
PROPERTY SUB. q��Fss NFg1 rFn \ \ \
5'WIDE PUBLIC `
STUTTETAND
I /
// % EASEMENT S 77°0g,
STORM DRAIN 2o.0p "E
i EASEMENT !may/ i/
15'WIDE
I i 1 i (20'WIDE) / ��SEWER
j i 4336 S.F. o i / ; SERVICE
I� 0.100 ACRES C N
^ o %/ / / SEMENT
I j
j l j N 00°00'00"E N 90°00'00"E ry
20.00' 96.02' 1` s 68 qs / j LOT 1
I I I I EXISTING 20' _ '--- — - 69' /
PLANTER STRIP ` J / N 23°03'02"E
l I ! ! PLAT H-29 N 90°00'00"W / , \; 20.01'
I I I 10'WIDE UTILITY 102.12'
I I EASEMENT N 68°45'26"W
l l i I I 41.01' i
p i / N 23°03'02"E
JII L.I.................................................... / 41.84'
I `
p I i 30'WIDE WATER
Z l I PIPELINE AND / �•�
Q ACCESS EASEMENT
= I •1 .-.-.-.-.-•-.-.-._._._._._.-._._._._._.-._.-•- I
I
U l I I I I 12'WIDE PUBLIC
= I —ACCESS EASEMENT LOT 3 I I
i l I LOT 4
pJ DA
I �i`�G Rus E.
EASEMENT GRANTED 17791LS O .. N
WITH THIS EXHIBIT
r
_ r•
• 30 0 30 60
40 ALE FEET //KLJ
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Oct 06,2017-1:14pm-P:\Private\MT\City\Bozeman\11415006 East Main Commercial\Cadd\Ulil Easements\Exhibit B5.dwg
EXHIBIT C
STORM DRAIN EASEMENT FOR
LOT 3, BLOCK 1 , OF THE AMENDED PLAT OF THE
ELKS CLUB PROPERTY SUBDIVISION
PLAT H-29-
i I LOT 2
i l 10'WIDE UTILITY % LOT 1
I j j I EASEMENT
5 I II I I •-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-•-.-._
I L_I_ _. %
m �-r- -- -- -- -- -- �'�.
p i I i 30'WIDE WATER
Z \ \\/
Q I PIPELINE AND ACCESS � � �•�
EASEMENT
= I I r r --
O I i i
= I 1 1 ! LOT 3 I I I S 00°02'41"E
I ! I I BLOCK 1 I I I" 55.14'
i i ELKS CLUB PROPERTY SUB. i N 23°48'0. E
i I I j I 24.73'
30'WIDE WATER I I
I
I i � PIPELINE AND ACCESS�'I
12'WIDE PUBLIC EASEMENT I I
I I -ACCESS EASEMENT I I
10.78'
l i i i STORM DRAIN i N
EASEMENT
l i I I EXISTING 20' I I =
45' I !— PLANTER STRIP (WIDTH VARIES) I I o LOT 4
' 1 1 PLAT H-29 N w w
4563 S.FCD
. ! ! o
1 i i 0.105 ACRES I I o
I � i !
I
I I I o
N 90°00'00"E I L143.94'•_._. _U)_
I
I j N 00°00'00"E -- ---- — �'\
37.34'
20' L._N 90°00'00"W_.-.... \_
130.28' S 00102'41"E
N 78°55'52"W _ N 28°09'32"W I \\ 40.58' \
20.38' � 7.81' �\ \
S 00°00'00"E I rltv
21.25' TONPL-A-rfq
SEMENTO ACCESS \.
TRACT 4A / SHOWNAMENDEDTRACT4 / -29-A \
REARRANGEMENT OF ELK'S
CLUB PROP. /
I I TRACT413
q
EASEMENT GRANTED n DARRys . 2
WITH THIS EXHIBIT 17191LS
11�
OF 0 30 60 ,;-KLI
E FEET <
Oct 06,2017-1:26pm-P:\Private\MT\City\Bozeman\l 1415006 East Main Commercial\Cadd\Util Easements\Exhibit C4.dwg