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Home My WebLink About17- Sewer Pipeline and Access Easement and Agreement - Longshot Equity, LLC - Lot 16, McChesney Industrial Park WI to 1 Gomm 1tT, PO Box 1230 BO OM01 MT 69771-1230 Fr;: 2599028 -,�TE ,2017 10:33:22 AM Fee $35.00 Charlotte Mills - Gallatin County; MT MISC I I I I I I I I I I I I I III 11111111111111111 IN 1111111111111111111111111111111111111111111111111111111 SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT LONGSHOT EQUITY,LLC,the GRANTOR,for good and valuable consideration,receipt of which is acknowledged,grants to THE CITY OF BOZEMAN,a Municipal corporation, GRANTEE,its successors and assigns,a perpetual casement to lay,construct and maintain sewer pipelines with the usual services,valves,connections,accessories and appurtenances for the purpose of transmitting in,through,and across a strip of land situated in Gallatin County,Montana,THIRTY (30)feet wide to be located on the following described real property: Lot 16 of the Amended Subdivision Plat of McChesney Industrial Park,located in the NE%of Section 1,Township 2 South,Range 5 East,M.P.M.,City of Bozeman,Gallatin County, Montana,according to the official survey thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County,Montana. [J-50A] The easement is more particularly described on the attached Exhibit A,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. 0 THE GRANTEE AGREES: (1) That,in connection with the construction,operating,patrolling,repairing,substituting, removing,enlarging,replacing,and maintaining of said sewer pipeline(s),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 AGREES: (1) At no time will it 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 it 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 it is lawfully seized and possessed of the real property described above,that it has a lawful right to convey the property,or any part of it,and that it 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. DATED this 2-7 day of JUne ,20 I- LONGSHOT EQUITY,LLC Majlarnes,Member Donald Olsson,Member STATE OF MONTANA ) ss. County of Gallatin ) On this_23_day of ,2017,before me,a Notary Public in and for said State,personally appeared DAN BARNES and DONALD OLSSON,Members of LONGSHOT EQUITY, LLC, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that the company executed the same. n ot HEATHER OLSSON � ss Printed Name: NOTARY PUBLIC for the Notary Publ' or the State of Montana * SEA I * State of Montana Residing at Bozeman,MT Residing at ,Montana My Cornmisslon Expires My commission expires: �� !�✓�7 °i September 11,2017 B OZ" ■■ ■ ,, ACCEPTED: C ,• •,�f�'. V CITY,OF OZ A By • _ p i� 01 City Manager .(ells Sxvmit' ATTEST: � 1 V83 .� J n L�• l � e • � City tlerk STATE OF MONTANA ) )ss. County of Gallatin 1 ) On this � day of ►yp�( j¢�_,2AL7,before me,a Notary Public for the State of Montana,personally appeared R and ROBIN CROUGH, known to me to be the City Manager and City Clerk for the City 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 (SEAL) `sOASWFF,y•; Notary Public ame' �R1.4`�A for the State of Montana �OT Residing at: Notary Public for the ''State of Monta =c�ri' SEAL. e= Bozeman, Montana gn l�n!`f�1t��n Z=• cP2 My Commission Expires: (Printed Name) '�„„, ► ?`, December 02,2018 """ Residing at Bozeman,Montana My Commission Expires:L .-X- /20 j I i r i J LOT 17A o o LOB' 16 fV a2 O M LOT 15 Ile P1�3�1 pp5,\ 3p S 16°46'15"E 32.99' 16°46'15"V/1 556.9p6 30.10' 1 1 30.0'WIDE iN EASEMENT 0 IIz �11 Icon Nicol I� I 1 I 1 1 I I i i I 60, F FS i 1 qy �'jCyr 1 N 54°56'01" EXHIBIT A 39.66' A 30'SEWER UTILITY EASEMENT ACROSS LOT 16 OF THE SUBDIVISION PLAT OF McCHESNEY INDUSTRIAL PARK, LOCATED IN SECTION 1,T2S,R5E,P.M.M., GALLATIN COUNTY,MONTANA 30'GRAPHIC SCALE �NESIS SEWER ENGINEERING.INC �,,, UTILITY EASEMENT 25 5o EXHIBIT A N CLIENT: ( IN FEET ) FIELD WORK: DATE:05/31/17 PLOTTED DATE: May/31/2017 — 09:52:37 am 1 inch = 50 ft. DRAWN BY: SCALE: DRAWING NAME: H:\1066\009\ACAD\EASEMENTS\SEWER EASE—NEW2.dw9 CHECKED BY: PROJ #: SHEET 1 OF I PLOTTED BY.-CM to he,W-i.