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Home My WebLink About18- Sewer and Water Pipeline and Access Easement and Agreement - Emerald Tamarack, LLC - Tract A-1 of Northern Pacific Addition (Front Street Interceptor) Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 PLATTED 2617208 Page: 1 of 6 06/22/2018 09:31:03 AM Fee. $42.00 Charlotte Mills - Gallatin County, MT MISC 1111 IIIIIII 111111 IN 1111111111111111111 IIIIIII III 111111111111111 IN IN SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Emerald Tamarack, LLC, the GRANTOR(S), in consideration of $10,000 and 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 potable water in, through, and across a strip of land situated in Gallatin County, Montana, fifteen (15) feet wide to be located on the following described real property: Tract A-1 of the Amended Subdivision Plat C-23-A15 of the Northern Pacific Addition to the city of Bozeman Located in Section 6, Township 2 South, Range 6 East, P.M. Montana, Gallatin County. 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, 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 and sewer 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 _ " day of {�'1/��/ , 20 8 GRANTOR, Johri Tengelsen, President, Emerald Ta J'ara' k, LLC INDIVIDUAL STATE OF MONTANA ) ss. County of Gallatin ) On this day of , 20Jg ,before me the undersigned, a Notary Public for the State of Montana, personally appeared John Tengelsen, President, Emerald Tamarack, LLC, 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 `�ETjjo 66RIE THOMAS rl -�� 2�it J pP....•?4.. Notary Public /� L �'NOTnR�q� ;for the State of Montana (Printed Name) *: -- Residing at: N�.SE'•AE••' Belgrade, Montana Residing at My Commission Expires: My Commission Expires / /20 °F '' June 19, 2019 CORPORATE STATE OF MONTANA ) ss. County of Gallatin ) On this JZ5�_d.y of , 20�,before me the undersigned, a Notary Public for the State of Montana, pqrsonally appeared, known to me to be the Y Y5;idevl-I- of (� 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 FJM c j 6,{VtAy& g J_L& IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) 00, E CORIE THOMAS Notary Public oTnR+q�`� for the State of Montana Residing at: R f NotaryPublic for the State of Montana �+N�E'•'�I..�Q; Belgrade, ion E pie r�••.••fie-, My Commission Expi+-c5: F June 19, 2019 lWie 7Ghoy QS (Printed Name) Residing in My Commission Expires / /20 ACCEPTED: ' CITY Of BOZ A B 42 f B `,,5, , •• City Manager ATTEST: •� ' ''``¢'t • City( Jerk �' .v a83 ,• ; *a . . •• �® STATE OF MONTANA ) ss. County of Gallatin ) On this day of , 2-D20,before me, a Notary Public for the State of Montana,personally appeared ANDREA SURRATT 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 ASW (SEAL) ,c°�� ''' FF�`; Notary Public mQ'NOTAP/,q for the State of Montana Residing at: SEAL.,: Bozeman, Montana OF Notary Public for the State A Montana - My Commission Expires: ctP; ` December 02 2018 (Printed Name) Residing at Bozeman, Montana My Commission Expires: / /20 EXHIBIT A SEWER PIPLINE AND ACCESS EASEMENT DESCRIPTION LAND OWNER:EMERALD TAMARACK, LLC A strip of land 15 feet in width for a sewer pipeline and access easement over,across and through the property situated in Tract A-1 of the Amended Subdivision Plat C-23-A15,of the Northern Pacific Addition to the City of Bozeman,located in Section 6,Township 2 South,Range 6 East,P.M.Montana,Gallatin County,said easement being more particularly described as follows: Said easement being the north fifteen(15)feet of said Tract A-1.The easement contains 1699 square feet(0.04 acres)more or less and is subject to all existing easements and documents of record. TAMARACK STREET-60'RIGHT-OF-WAY 15.00'SEWER PIPELINE AND ACCESS EASEMENT (CREATED THIS SURVEY) REBAR ROUND 5/e" N 88°21'22"E 86.74' • • Existing Public Street FOUND 88°21'11"E 113.29' � Easement42112233 518°REBAR TRACT A-1 LOT 2 >- AMENDED SUBDIVISION AMENDED PLAT C-23-A15 SUBDIVISION PLAT C-23-A 18 O Z o (9 `O L0 v LOT 1-A j AMENDED SUBDIVISION W o PLAT C-23-A 15 LOT 3 AMENDED VQ SUBDIVISION PLAT C-23-A18 V 00NTANq �REBAR ROUND 1/2' LOT2 AMENDED MICHAEL J. Cr SUBDIVISION PLAT RIES p 0 17794L8' C-23-A16 s A 5{Ile/ C� OWNERSHIP DESCRIPTION:TractA-1,Amended Subdivision Plat C-23-Al5 N S. 6 TWP.2S R.6E COUNTY:GALLATIN STATE: MONTANA TYPE: 15'WIDE SEWER PIPELINE AND ACCESS EASEMENT I TOTAL L.F:Na± TOTAL AREA:±1699 sq.ft.±0_04 AC 90 0 96 40 LEGEND Note: SCALE FEET 0 FOUND CORNER AS NOTED All distances are ground,international feet (K.L] Basis Bearings is Amended Subdivision OO < CALCULATED CORNER Plat C-2-23-A15 Drawn BY Surveyed By Approved By Project No. Oote B. Lightner J. Stefanik M. Ries 16417100 04 06 2018 Ap 06,2018-4-29pm-P.\C1Ij\YI\B°z—\IB{I]100 E.Tm k SL Rkcput c \S,m\VDp\1611711N-XASE-IDG11 d' KLt NIB