HomeMy WebLinkAbout18- Sewer and Water Pipeline and Access Easement and Agreement - Bozeman West Land Development Partners, LLC - Bozeman West Apartments Project Return to:
City of Bozeman
City Clerk
PO Box 1230 _
Bozeman, MT 59771-1230 PLa ETT p
2613795
Page: 1 of 8 05/15/2018 03:26:36 PM Fee: $56.00
Charlotte
t IIIIIIIIIIIIIIIIIIlatin County, MT IIIIIIIIIIIIIIIIIII IIIIIII IIIIIIIIIIIIIIII MISC
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Bozeman West Land Development Partners,LLC,the GRANTOR(S),in consideration of$ 1.00
and for other good and valuable consideration,receipt of which is acknowledged,grant(s)to the
City of Bozeman,GRANTEE,its successors and assigns,a perpetual easement to lay,construct
and maintain sewer and water pipelines with the usual services,valves,connections,accessories
and appurtenances for the purpose of transmitting sewage and water 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 B of Certificate of Survey 1256A,situated in the NE %of Section 2,Township 2 South,
Range 5 East,Principal Meridian,City of Bozeman,Gallatin County,Montana.
The easement is more particularly described on the attached Exhibit(s)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(s),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(s);
(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(s)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(s)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 r day of /"M.c 1 20 ��.
GRANTO
INDIVIDUAL
STATE OF MONTANA )
ss.
County of Gallatin )
On this day of 120 before me the undersigned,a
Notary Public for the State of Montana,personally appeared ,
known to me to be the person whose name is subscribed to the within instrument,and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year above written.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing at
My Commission Expires / /20_
CORPORATE
STATE OF MONTANA )
ss.
County of Gallatin )
On this 7-7 day of M" ,20 18 ,before me the undersigned,a
Notary Public for the State of Montana,personally appeared,JAN S V. Mc(r,p ,
known to me to be the f fAftl of Tnztra.► VAN) (^ub
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' a?a.^AA\Wf�n (A)-> O rr""
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day d vear first above written.
PM GRFF WILLIAM OREENWAY
(SE NOTAR/q� NOTARY PUBLIC for the
9 SEAL State of Montana
P= Residing at Missoula, MT
P the State o ❑ ires
Not
�' 021.
t�(IA^ 01
(Printed Name,�)1
r�
Residing in 1S3wtA, n'1
My Commission Expires pa!71_/ /20j_o
ACCEPTED:
0�` B-Z64% CITY OF ZE A
.��
��, • r �-J� •�'� City Manager
ATT U;��� �{ •may,
City Clerk • -- •
1883 •, y.
STATE OF MONTANA ) 9 pI r��® ..
)ss.
County of Gallatin )
On this I�day of ,2 ,before me,a Notary Public for the
State of Montana,personally appeared nd 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.
aoA
BRENDA SWEENEY
� y
(SEAL) ,� SWFF <;.
•' , Notary Public
m�NOTnpiRt�c:for the State of Montana
Residing at:
Notary Public for the State of Montana z:
Bozeman, Montana
MY Commission Expires:
•y"404"ll 11101", December 02,2018
(Printed Name)
Residing at Bozeman,Montana
My Commission Expires: /4 J- /20
EXHIBIT A
A SEWER AND WATER PIPELINE ACCESS EASEMENT SITUATED IN THE NE % OF SECTION 2,TOWNSHIP 2
SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
t!5
P.O.B.
S89°00'36"E 661.19'
1.40 ACRES
Cn
`apE� 01
? 2�0199
CCD
O
CO
w LOT B w
Cl) -
COS 1256A N
0 o
N o�
Z z
NECORNER
30.0'PUBLIC STREET SECTION 2
EASEMENT PER DOC 2226695
S88°59'43"E 660.10,
-N-
0p`J\SVO� Sp J�E
PNayEQ.S�'L ��0�5 Jybp�SyOd
t 200 100 0 200
SCALE IN: FEET
O 2B80 Technolog, lvd West DRAWN BV CHN EXHIBIT A PROJECT NO.
Morrison
Bozeman,MT 59718 DSGN.BY; MEE 3959.021
M a i e rl e 406.587.0721 BOZEMAN MONTANA
APPR.BY: JCR
® w .m-m.net DATE: 01/2016 FIGURE NUMBER
engineers.surveyors planners-scientists A SEWER AND WATER ACCESS EASEMENT ACROSS
COPYRIGHT'"""°"a's°"""'EA`E.'"°..'°'° LOT B OF COS 1256A 1
N:\3959\021 V,CADISurvey\Easements\Bozeman West Easements-EXHIBITS.dwg Plotted by tyler wilkens on Mar/23/2018
EXHIBIT A
A SEWER AND WATER PIPELINE ACCESS EASEMENT SITUATED IN THE NE % OF SECTION 2, TOWNSHIP 2
SOUTH RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
LEGAL DESCRIPTION
A sewer and water access easement over and across Lot B of
Certificate of Survey No.1256A as filed with the Gallatin
County Clerk and Recorder,situated in the NE%of Section 2,
Township 2 South,Range 5 East,Principal Meridian,City of P
Bozeman,Gallatin County,Montana,which is more �o5�6ti
particularly described as follows:
Beginning for the same at the northeast corner of said Lot B; P.O.B.
thence along the north line of said Lot,North 89°00'36"West S89°00'36"E 661.19' N89°00'36"W 112.77'�
a distance of 112.77 feet;thence leaving said north line,South
01°00'17"West a distance of 39.00 feet;thence North S1°00'17"W 39.00'
88°59'11"West a distance of 230.00 feet;thence South N88°59'11"W 230.00' N2°50'27"E 30.02'
01°00'18"West a distance of 30.00 feet;thence South
88°59'11"East a distance of 252.50 feet;thence South
01°00'17"West a distance of 28.63 feet;thence South QER S88°59'11"E 252.50' C° S89°00'36"E 46.81'
88°59'43"East a distance of 12.50 feet;thence South �P��� S1°00'17"W 28.63' 4
01°00'17"West a distance of 104.50 feet. 00
o9°2 S1°00'18"W 30.00' 't
See Figure Number 3. S88°59'43"E 12.50' w E,
S1°00'17"W 104.50' �
thence North 88°59'43"West a distance of 411.44 feet; T� �9T o w
o
thence South 46°00'18"West a distance of 21.92 feet;thence w C'y �'�, �p� os
North 88°59'42"West a distance of 60.06 feet to the eastern ��� z CD
line of the public street and utility easement,filed as Doc.No. LOT B
with the Gallatin County Clerk and Recorder; cv COS 1256A Z
thence along said eastern line,South 01°00'18"West a Z
distance of 30.00feet; N SECTION
SEON 2
Continued on next sheet.
S88°59'43"E 660.10'
REFERENCE MAP
P JPR
Gas oN
0141
100 50 0 100
SCALE IN: FEET
0 2000 Technology Blvd West DRAWN BY: CHN EXHIBIT A PROJECT NO.
Morrison
Bozeman,MT 59718 DSGN.BY: MEE 3959.021
M a i e rl a aos s3-m.ne BOZEMAN MONTANA
APPR.BY: JCR
® www.m-m.net DATE: 01/2019 FIGURE NUMBER
engineers•surveyors.planners•scientists A SEWER AND WATER PIPELINE ACCESS EASEMENT
°°.dwg PYRIGHT°ltledMOR y tyle 1ERLE!NC.,on ACROSS LOT B OF COS 1256A 2
N:\3959\021 WCAD15urvey\Easements\Bozeman West Easements-EXHIBITS.dwg Plotted by tyler Wilkens on Mar/23/2018
EXHIBIT A
A SEWER AND WATER PIPELINE ACCESS EASEMENT SITUATED IN THE NE % OF SECTION 2, TOWNSHIP 2
SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
thence leaving said line,South 88°59'42" East a distance of S89°00'36"E 661.19,
94.99 feet;thence North 46°00'18" East a distance of
21.92 feet;thence South 88°59'43" East a distance of
376.52 feet;thence South 01°00'18"West a distance of
113.50 feet;thence North 88°59'43"West a distance of
12.50 feet;thence South 01°00'18"West a distance of
20.00 feet;thence South 88°59'43" East a distance of 12.50 LOT B
feet;thence South 01°00'18"West a distance of 118.50 v COS 1256A
feet;
N
See Figure 4. Z N88°59'42"W 60.06' N
S46°00'18"W 21.92' 117y 0
thence North 88°59'43"West a distance of 252.01 feet; �cGoS z
thence North 01°00'17" East a distance of 7.50 feet; N88°59'43"W 411.44'
thence North 88°59'43"West a distance of 20.00 feet;
thence South 01°00'17"West a distance of 7.50 feet;
thence North 88°59'43"West a distance of 215.00 feet to S88°59'43"E 376.52'
the eastern line of said public street and utility easement; \
thence along said eastern line,South 01°00'18"West a N46°00'18"E 21.92'
distance of 30.00 feet,thence leaving said easement, L—LS88'59'42"E 94.99'
South 88°59'43" East a distance of 234.00 feet;thence S1°00'18"W 30.00' S1°00'18"W 113.50'
South 01°00'17"West a distance of 72.42 feet;thence `—
South 46°00'17"West a distance of 53.10 feet;thence N88°59'43"W 12.50' CD
South 01°00'17"West a distance of 12.54 feet to the `r
northern line of the public street easement,filed as Doc. S1°00'18"W 20.00' w
80
No.2226695,with the Gallatin County Clerk and Recorder; S88059'43"E 12.50' o
thence along said line,South 88°59 43 East a distance of o
o
30.00 feet; S1°00'18"W 118.50' z
Continued on next sheet.
REFERENCE MAP GQ\$
Q
-N-
S88°59'43"E 660.10' 100 50 0 100
SCALE IN: FEET
Morrison V 2880 Technology Blvd West DRAWN BY: CHIN EXHIBIT A PROJECT NO.
Bozeman,MT 59718 DSGN.BY: MEE 3959.021
M a i e rl e BOZEMAN
` 406,587.0721 APPR.BY: JCR MONTANA
® www.m-m.ne[ DATE: 01/2018 A SEWER AND WATER PIPELINE ACCESS EASEMENT FIGURE NUMBER
engineers•surveyors•planners•scientists convuw"nc M-R-1-1-Le,iec.,20ie
ACROSS LOT B OF COS 1256A 3
N:\3959\021 W.CAD\Survey\EasementslBozeman West Easements-EXHIIBITS.dwg Plotted by ryler Wilkens on Mar/23/2018
EXHIBIT A
A SEWER AND WATER PIPELINE ACCESS EASEMENT SITUATED IN THE NE % OF SECTION 2, TOWNSHIP 2
SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
thence leaving said line, North 01°00'17" East a distance of
00.12 feet;thence North 46°00'17" East a distance of �o�eti
53.10 feet;thence North 01°00'17" East a distance of �n53
84.85 feet.thence South 88°59'43" East a distance of
253.00 feet.
See Figure Number 3.
S89°00'36"E 661.19,
thence North 01°00'18" East a distance of 484.16 feet; ra
O1
ED
See Figure Number 2. w COS01256A
thence South 89°00'36" East a distance of 46.81 feet to the
eastern line of said Lot B;thence along said line, North N
02°50'27" East a distance of 30.02 feet to the point of Z
beginning. S1°00'18"W 30.00' N88°59'43"W 20.00'
Said tract having an area of 1.40 acres more or less,and is S1°00'17"W 7.50' N1°00'17"E 7.50, C)
subject to all existing easements or easements apparent on CIA
N88°59'43"W 215.00' N88°59'43"W 252.01' �� z
the ground.
CERTIFICATE OF SURVEYOR
S88°59'43"E 234.00' S88°59'43"E 253.00'
I,Jonathan C. Roen,Montana Professional Engineer and
Land Surveyor License No.12247ES,hereby certify that I S1°00'17"W 72.42' N1°00'17"E 84.85'
conducted this easement survey.
Dated this day of 12018. S46°00'17"W 53.10' 30.0' PUBLIC STREET
S1°00'17"W 12.54' EASEMENT PER DOC 2226695
Jonathan C. Roen,PE,PLS N46°00'17"E 53.10'
MT Reg.#12247ES — — — — _
Morrison-Maierle,Inc. N1°00'17"E 0.12'
REFERENCE MAP
S88°59'43"E 660.10'
-N-
S88°59'43"E 30.00'
QJP�E
S�oNs .'J 1 100 50 0 100
SCALE IN: FEET
Q 2BKTe&nolog,.1v,-as, DRAWN BY CHN EXHIBIT PROJECT NO.
® Morrison
Bozeman,MT 59718 DSGN.BY: MEE 3959.021
M a i e r l e BOZEMAN
` aos.ss7.o7z1 APPR.BY: CR MONTANA
® —.m-m.net DATE: 01/2018 A SEWER AND WATER PIPELINE ACCESS EASEMENT FIGURE NUMBER
engineers•surveyors.planners.scientists
°°'°"'GHT,MOpp1SOI ERLE.'NC..]°'a ACROSS LOT B OF COS 1256A
N:\3959kO2l\ACAD1Survey\Easements\Bozeman West Easements-EXHIBITS.dwg Plotted by tyler wilkens on Mar/23/2018