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Home My WebLink About18- Public Utility and Access Easement and Agreement - Rosa Construction, Inc. - Lot 1, Block 1 of Traditions Subdivision Phase 3, Rosa Apartments RETURN RECORDED DEED TO: Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231 PLATTED y 2628763 Page: 1 of 5 10/11/2018 02:48:22 PM Fee: $35.00 Charlotte Mills - Gallatin County, MT MISC IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII PUBLIC UTILITY AND ACCESS EASEMENT AND AGREEMENT Rosa Construction, Inc., a Montana Corporation, 125 Central Avenue, Unit IA, Bozeman, MT 59718, the GRANTOR, in consideration of one dollar and other good and valuable consideration, receipt of which is acknowledged, does hereby grant to City of Bozeman, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal Corporation of the State of Montana, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sanitary sewer pipelines and water mains with the usual services, manholes, connections, accessories and appurtenances for the purpose of transmitting sanitary sewer and water in, through and across a strip of land situated in Gallatin County, Montana, 30 feet wide to be located on the following described real property: Lot 1, Block 1 of Traditions Subdivision - Phase 3, and located in the East Half of the Southeast Quarter of Section 4, T. 2 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly shown on the attached Exhibit A, which by this reference is 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, manholes, 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 pipelines, 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 fiv.,611)"k , 2018. GRANTOR: Rosa Construction, Inc., a Montana Corporation r By: John Rosa, President STATE OF MONTANA ) ss. County of Gallatin ) This instrument was signed or acknowledged before me this day of , 2018, by John Rosa, President of Rosa Construction, Inc., a Montana Corporation. _ (SEAL) � '.� " SHEILA TINJUM �r T Notary Public for the State of Montana ; ' '-, Notary Public Printed Name: �NoTAR�q�� for the State of Montana Residing at * -- Residing at: SH:AL. r Bozeman, Montana My COmm1SSlOn Expires /20 ?> My commission Expires: August 03, 2019 DATED this_ ' day of QrAj ,v- ACCEPTED - CITY OF BOZEMAN By: Andrea Surratt its City Manager 'BO ATTEST: .�' Q . . . , • r;tA• ■ - %ice-.'._;r. ■ By: Robin Crough, its Clerk= 83 STATE OF MONTANA ) �Tr��co lso- )ss. >. County of Gallatin ) On this _ day of �!��,,� , 201 5' , 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, respectively, of 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 Notarial Seal the day and year first above written. (S >'oAswF. BRENDA SWEENEY Fq,'>; Notary Public =m•'NOTAAI t�rc;for the State of Montana Notary Public for the State o Montana =* SEAL Residing at: * Bozeman, Montana Printed Name:gsj My Commission Expires: ��wlL - OF.. December 02,2018 Residing at MmzkAw,b,A^ My Commission Expires / D, /20 j? G:\C&H\l 6\1 6723\Site Plans\Phase 2\Documents\30 Ft.Wide Public Road And Utility Easement.Doc LEGEND PROPERTY BOUNDARY LINE e 632.39 089'35'59" (R) WEST OAK STREET ED `^ms — SURROUNDING PROPERTY LINE 632.398089rIS2(r (M) _ t 292' EASEMENT LINE — — Y — -- �1 10' UTILITY COMMON AREA D E 15 WIDE STORM SEWER oo a EASEMENT FOR STORM EASEMENT (TYP.) m e ra�o PUBLIC UTILITY AND ACCESS SEWER FROM FLANDERSO . v EASEMENT CREEK SUBDIVISION s W EX. 31' WIDE SANITARY 77.62 27S25'22" w AREA OF EASEMENT: 10,920 Sq. Ft, 0.2507 Ac I SEWER EASEMENT PER [S86'50'53"E] 0"� DOC. NO. 2253981 77.19 9SO9'07" (M) LOT 1 W 346,141 Sq. Ft. 63.76 270'18'22" 7.9463 Acres [S89'59'34"E] 64.19 90'00'26" (M) of 3 U 30.00 180.18-01 (R) [NO'0O'53"E] _ I N xN w M U � [S89'59'34"E] 30.00 O'00'53" (M) N M o M Q Q 366.46 90'00'26" (M) b� c� o iq CD PROPOSED PROPOSED 30' WIDE PUBLIC \ ao 0 b \\�\, ACCESS AND UTILITY EASEMENT \\� b FLANDERS WAY N rn zom Z C- I 361.55 270'00'26" (M) NLLJ 1 [N89'59'34'W] 9 I 1 I 63.37 270'00 26 (M) I �J 30.40 350'43'27' (M) [N89'59'34"W] �0 I [N9'16'33"W] 63.37 090'18'01" (R) I PREVIOUSLY DEDICATED I 30' PUBLIC ACCESS I AND UTILITY EASMENT 1 PER DOC. NO. 2584908 a I77.62 273'09'07" (M) A Scale In Feet 1 I [N86'50'53"W] 8 100 0 100 I I 77.62 09S25'22" (R) 30 0 30 30.11 (M) I I I Scale In Meters 358'58'02" 10' UTILITY [N1'01'58"W] EASEMENT (TYP.)� tt.80— 5. -452.94- 631.96 2SW42'24" (M) [S89'42'2eW] SHERWOOD WAY e 631.96 269'59'59" (R) _ Zo LEGAL DESCRIPTION I LOT 1 LOT 4 LOT 22 LOT 1 r Lot 1, Block 1, Traditions ( I I I Subdivision Phase 3, aa,t,y ,,os-n_is Located in E 112 of the SE 114 of Section 4, T. 2 S., R. 5 E. of P.M.M., EA City of Bozeman, Gallatin County, Montana 1 EASEMENT EXHIBIT E1 SCALE: 1"=100' #16723