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HomeMy WebLinkAbout18- Sanitary Sewer Pipeline and Access Easement and Agreement - 7&G Enterprises, LLC - North 7th and Griffin Drive, Gordon Mandeville State School Section Subdivision Return after Recording: City of Bozeman City Clerk P.O. Box 1230 PLATTED Bozeman, MT 59771-1230 2628762 Page: 1 of 5 10/11/2018 02:48:22 PM Fee. $35.00 Charlotte Mills - Gallatin County, MT MISC IIIIIII IIIIII III III,IIIIIII 111111 IN 1111111111111111111 IIIIIII III IIIII 111111111111111111 SANITARY SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT 7&G ENTERPRISES, LLC, the GRANTOR, in consideration of$1.00 and other good and valuable consideration, receipt of which is acknowledged, grants to THE CITY OF BOZEMAN, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain a sanitary sewer pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewage in, through, and across the strips of land situated in Gallatin County, Montana, which easement shall be ten (10) feet wide and shall be located on the following described real property: Tract 14 of the Gordon Mandeville State School Section Subdivision to the 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, Gallatin County, Montana. (Plat Reference: E-38) The easement area 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. THE GRANTEE AGREES: (1) That, in connection with the construction, operating,patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sanitary sewer pipeline, 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 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 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. GRANTOR: 7&G Enterprises,LLC: by Cougar Properties,LLC,Member Michael McKenna, Member STATE OF MONTANA ) ) ss. County of Gallatin ) On this Zlkay of �i�fj�/ ,20��/,before me the undersigned, allotary Public for the State of Montana,personally appeared,Michael McKenna,known to me to be the Member of Cougar Properties,LLC,member of 7&G Enterprises,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 7&G Enterprises,LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Montana �ccn pp REBENotary P A i for (Printed Name)��d c��� /,/• ��,y� Q�e qQF Notary Public for the * Notarial * State of Montana Residing iri ��07 PvyJ�tr� i��Dv�7 �A Seal Residing at BOZEMANr s My Commission Expires // / / /20�OF My Commission Expires November 13,2019 GRANTOR: 7&G Enterprises, LLC: By: Niles Hushka, Member STATE OF MONTANA ) SS. County of Gallatin ) On this_jq!�day of c:5e pin-m.ber ,20-A,before me the undersigned, a Notary Public for the State of Montana,personally appeared,Niles Hushka,known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he is a Member of 7&G Enterprises, LLC and executed the within instrument for and on behalf of 7&G Enterprises,LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ..... JANAE HEAP ( �NFgA=, Notary Public ary Public for the State of Montana NOTARiq for the State of Montana (Printed Name) Uarnae * Residing at: Residin in N�.SEAL.-Q; Bozeman, Montana g ? My Commission Expires: My Commission Expires Z'"�,�&C 7 /20 OF M� , June 07,2019 ACCEPTED: CITY 01 BOZ N O��$O?�.�? By ATTEST: �, ' tir '.'� City Man clm� U . tr City Clerk •. ' 1 IN STATE OF MONTANA ) " ) ss. County of Gallatin ) On this day of OC�-,e �^ , 2019,before me, a Notary Public for the State of Montana, personally appeared ix-y h,R u)A -Roar f\ C 4 iyiy� , known to me to be the City Manager and City Clerk for the City of Bozeman and the pIrsons 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 Notary Public 01AR/4z. for the State of Montana Residing at: SF,AL.2Q;= Bozeman, Montana 4- ' 9 •.,.•' V M commission Expires: Notary Public for the State o ontana December 02,2018 ., 1�ret��i�—fie�1se 6 (Printed Name) Residing at Bozeman, Montana My Commission Expires: J,!,/ _4 /20 /9 EXHIBIT A SANITARY SEWER PIPELINE AND ACCESS EASEMENT DESCRIPTION LAND OWNER; 7&G ENTERPRISES, LLC A strip of land 10 feet in width for the construction, maintenance and operation of a sanitary sewer pipeline over, across and through the property situated in Tract 14 of the Gordon Mandeville State School Section Subdivision, located in Section 36, Township 1 South, Range 5 East, P.M. Montana, Gallatin County, said easement being more particularly described as follows: COMMENCING from the northeast corner of said Tract 14; Thence N 89048'08"W, 30.00 feet to the intersection of the north line of said Tract 14 and the west line of an existing 30 foot wide sewer easement described by Doc. No. 133143, Book 85, Page 3994, records of Gallatin County, which is the POINT OF BEGINNING; Thence, along the west line of said 30 foot wide sewer easement, S 00011'52"W, 167.00 feet; Thence N 89048'08"W, 10.00 feet Thence, N 00'11'52" E, 167.00 feet to the north boundary of said Tract 14; Thence, along said north boundary, S 89°48'08" E, 10.00 feet to the POINT OF BEGINNING. The easement contains 1,670 square feet (0.04 acres) more or less and is subject to all existing easements and documents of record. TRACT 15A TRACT 28 IFOUND 5/8" MINOR SUBDIVISION POINT OF GORDON MANDEVILLE REBAR W/2"A.C. NO. 49 BEGINNING STATE SCHOOL (0.6FT WEST SECTION SUBDIVISION OF CORNER) N 89°48'08"W 276.54' • 30.00'•FOUND 5/8" 10'Wide Sanitary 10.00' I REBAR W/1.5"A.C. Sewer Pipeline& Access Easement Existing 30' Sewer (Created this Survey) o o Pipeline Easement ti and Agreement C° Doc. No. 133143 w I Bk. 85 Pg. 3994 W o. o Q zo z I cn _ TRACT 27 Z~ co M o GORDON MANDEVILLE w TRACT 14 I STATE SCHOOL 14 GORDON MANDEVILLE I N SECTION SUBDIVISION STATE SCHOOL SECTION SUBDIVISION Q o 0 N O o Z 6 z N 89048'08"W U) _ 10.00, u6 S 89°38'52"W 276.55' 0 0 W. GRIFFIN DRIVE 60'RIGHT-OF-WAY OWNERSHIP DESCRIPTION: Tract 14, Gordon Mandeville State School Section Subdivision N S. 36 TWP. 1 S R. 5E COUNTY: GALLATIN STATE: MONTANA TYPE: 10' WIDE SANITARY SEWER PIPELINE AND ACCESS EASEMENT 30 0 30 60 TOTAL L.F: n/a± TOTAL AREA: ±1670 sq. ft. ±0.04 AC SCALE FEET LEGEND Note: All distances are ground, international feet 0• FOUND CORNER AS NOTED All bearings are Geodetic North OO CALCULATED CORNER Basis of bearings = Geodetic North based on A.C. ALUMINUM CAP GPS Observation ' �* Drawn By Surveyed By Approved By Project No. Date B. Lightner J. Stefanik M. Ries 16617101 04 03 2018 Apr 03.2D1S— 12:56pm — P:\Private\MI\City\Bozeman\16617101 N.7th—Crlffin Commercial\Survey\Eoeemente\16617101—EASE.dwg ©KLJ 2018