HomeMy WebLinkAbout17- Sewer and Water Pipeline and Access Easement and Agreement - Buggy Bath, LLC - Multiple Feet in Multiple Lots, Northern Pacific Addition (Bozeman Commons) Return to,
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230
pLA�fTEp 2599031
Page: 1 of 4 11/20/2017 10:33:22 AM Fee. $28.00
Charlotte Mills - Gallatin County, MT MISC
1111111111111111111111111I11111111111111111111111111111111111111111III 1 1111111111111111
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Buggy Bath LLC, a Montana limited liability company, with a mailing address of 1007 East
Main Street Suite 202, the GRANTOR, in consideration of$1.00 and other good and valuable
consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, a Municipal
Corporation of the State of Montana, with offices at 121 North Rouse Avenue, P.O. Box 1230,
Bozeman, Montana 59771-1230, GRANTEE, its successors and assigns, a perpetual easement to
lay, construct and maintain sanitary sewer and water pipelines with the usual services, valves,
connections, accessories and appurtenances for the purpose of transmitting water and sanitary
sewage in, through and across a strip of land situated in Gallatin County, Montana, to be located
on the following described real property:
The south 100 feet of Lots 22, 23, 24, 25, 26, and 27 of Block 28, and the South 100 feet
of the East 1 foot of Lot 28, all in the Northern Pacific Addition to Bozeman, Montana,
together with all that potion of vacated East Main Street lying South of said lots and
being adjacent thereto, and North of U.S. Highway No. 10, City of Bozeman, Gallatin
County, Montana, according to the official plat thereof on file and of record in the office
of the County Clerk and Recorder of Gallatin County, Montana. (Deed Reference: Film
100, Page 4482).
The easement is more particularly shown and dimensioned 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(S) 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(s), it
will repair or replace, at its sole expense, or pay to GRANTOR(S)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(S) AGREES:
(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(S) 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(S). 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 z day of 120 i-7
Buggy Bath, LLC, a Montana limited liability company
By:
Printed Name: dVlarl._ 5S
Its: C�c•�Luc-
STATE OF MONTANA )
):ss
County of Ga 1 )
This instrument was signed r acknowledged before me this day of I -4,1k- ,
2011, by I(Ylor!< ���„ as M q - of Buggy Bath, LLC, a
Montana limited liability company.
( �-�— (SEAL)
tary Pu lic for the State of Montana
Printed Name: --O(-�Va VA L)iP_"FP-� i( ' ��aNNIEFF?� DEVAN WiEFERICH
Residingat -k�le_��n �j S�1CoG"Z o� °�A'��s� °ti NOTARY PUBLIC for the
My Commission Expires _/ 2 /207— State of Montana
S AL Residing at Helena,Montana
9� My Commission Expires
OF March 28,2020
ACCEPTED: CITY OF BOZEMAN
By: �
City Manager P41v,-n1'tvvak+
ATTEST: B 02''
Robin Crough, City C :;`-__ .c� "_ • # "
STATE OF MONTANA 7l♦°. l3 .°4
�17
ss. L�TIN C
County of )
On this day of EVDVIri&tr` , 201--Z, before me, a Notary Public for the State of
Montana, personally appeared Ak1�� ,tp }a 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
ap SSwFF.�;'; Notary Public
�SY�Rrgt�� for the State of Montana
Notary Public for the Stat f Montana = -- = Residing at:
Printed Name:-X-9- sQ"4i vy.SEAL. Bozeman, Montana
My Commission Expires:
Residing atzsz�.,��,�,� oFM��' December02,2018
b I141u.1 1'1
My Commission Expires ( I —/20 11?
EXHIBIT A
PUBLIC UTILITY EASEMENTS
THE PROPERTY DESCRIBED /N DOC. NO. 2575198, LOCATED IN THE NW 114, SECTION 7, T.
2 S., R. 6 E. OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
LOT 2C
AM. PLAT
C-23-A21
JBL, LLC
` 2291359
`-------- -. V1
r----- --- ---------- EXISTING ITARY
2 75' SEWER EAS MENT
I SS_ SS SS SS SS I SS S
N
� I
fI 2I22' 14.03
N
S. 100' OF '
- - -LOTS_22-28_,_
15 I BB GO BATH28C LCK
N M
2575198 �M
2.04,
T
R 1250.70 _� Scale In Feet
EA HIGH
T AM ° o�� 40 0 40
V S. S1"REET
- � _ �Y ►��" 18y / 0 12
- / Scale In Meters
WATER EASEMENT TABLE Parcel Line and Curve Table
Line #/Curve # Length Az. / Ch. Az. Radius Delta Line #/Curve # Length Az. / Ch. Az. Radius Delta
C1 13.24 27r25'54" 1250.70 0'36'23" C3 162.76 273'23'22" 1250.70 727'22"
C2 16.77 276'43'59" 1250.70 0'46'06" L21 191.99 269'39'41"
L1 64.28 359'43'11" L22 219.91 359'42'32"
L2 93.10 269*43'16* L23 45.41 089'42'32"
L3 30.00 359'58'06" L24 22.40 179'45'43"
L4 86.46 089*43'16' L25 112.42 09O'00'00"
L5 72.18 326'24'26" L26 91.50 000'00'00"
L6 28.65 341"32'58" L27 38.00 270'00'00"
L7 19.92 359'42'49" L28 235.64 080'03'46"
LB 10.00 269'42'49" L29 279.17 081'36'13"
L9 10.00 359'42'49" L30 117.05 179'46'59"
L10 10.00 089042'49" L31 99.74 269'51'07"
L11 7.40 359'42'49" L32 100.57 179'22'25"
L12 30.00 089'42'49" L33 25.00 269'36'01"
L13 32.53 179'42'49" L34 160.32 179'25'57"
L14 19.86 161'32'58" L35 151.91 270'05'11"
L15 87.91 14624'26" L36 105.10 179'33'15"
L16 135.18 089*43'15*
L17 30.00 179*27'10"
L18 134.71 269*43'15' SEWER EASEMENT TABLE
L19 66.54 179'43'11" Line #/Curve # Length Az. / Ch. Az. Radius Delta
L20 25.62 188'20'34" L37 13.60 000*29*33"
L38 120.60 031'18'58"
L39 39.00 081*36*13"
L40 103.95 211'18'58"
EASEMENTS FOR SANITARY SEWER L41 22.21) 180'29'33"
Ec AND WATER MAINS.
THIS EXHIBIT SHOWS PUBLIC UTILITY
AREA OF EASEMENTS
EASEMENTS ACROSS THE PROPERTY
�, I LOTS 22-28: 3.745 50. FT. DESCRIBED IN DOC. NO. 2575198, CITY
TOTAL: 3,745 SQ. FT. OF , GALLATIN COUNTY,
Engineering and Surveying Inc. MONTANA.TANA.
1091 Stoneridge Drive"Bozeman,MT 59716
Phone(406)587-1115"Fax(406)587-9768
w .chengineem.com"info@chengineer.com #16819