HomeMy WebLinkAbout18- Water Pipeline and Access Easement and Agreement - HNA Land Co, LLC - Buffalo Wild Wings Pathway urn to
'RY of Bozeman
City Clw
Soi,onian, MT 89771=123
2631883
Page: 1 of 5 11/15/2018 04:08:00 PM Fee: $35.00
Charlotte Mills - Gallatin County, MT MISC
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WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
HNA Land Co,LLC, a Montana Limited Liability Company,the GRANTOR(S), 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,
Bozeman,Montana 59715, GRANTEE, its successors and assigns, a perpetual easement to lay, construct
and maintain water pipelines and fire hydrants with the usual services, valves,connections, accessories
and appurtenances for the purpose of transmitting water in,through, and across a strip of land situated in
Gallatin County, Montana,to be located on the following described real property: Lot 2 of Home Depot
Minor Subdivision No.319,located in the northeast one-quarter of Section 2,Township 2 South,
Range 5 East,Principal Meridian Montana, City of Bozeman, Gallatin County,Montana.
The easement is more particularly described on the attached Exhibit Awhich 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 pipeline and fire hydrant, 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 20
T
STATE OF MONTANA )
(` ):ss
County of t
On this day of C� , 20 VI, before me the undersigned, a Notary Public
for the State of Montana,personally appeared Brad Anderson, known to me to be the Manager of HNA
Land Co 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 HNA Land Co LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
(SEAL)
�aEY Cqy
(J^_ off' F9 CORTNEY CAMERON
�oTAlq�q�:Z NOTARY PUBLIC for the
SEAL Mate of Montana
N r is f the of Montana SAL..:. Residing at Billings Montana
�On 9COF•MOV'P My Commission Expires
(Printed Na July 12,2020
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Residing at
My Commission expires / \Z/20 ZO
ACCEPTED:
$O Z TY OF BOZE AN
By Ard-Ve—a
:, �• City Manager
ATT T,
City Clerk
G• A .
STATE OF MONTANA ) r
ss.
County of Gallatin ) SliI� ZC'i;J
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On this J day of �`vC`��`du��„ ,,� 2—Lj�,before me, a Notary Public for the State of
Montana, personally appeared -a-n-&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
4�a�'' ''�F►.'; Notary Public
(SEAL) =m?'NOTnRi,qi�< for the State of Montana
*= Residing at:
SEAL. Bozeman, Montana
2�=
~ 'y �,� �,� P, M DCoem fission Expires:
Notary Public for the State of ontana p' °F ,2018
'-�'V'Me ti, a 4
(Printed Name)
Residing at Bozeman,Montana
My Commission Expires: / /20
Exhibit A
EXHIBIT OF
A 20'x3®' ]FIRE HYDRANT EASEMENT
SITUATED ON A PORTION OF LOT 2 OF HOME DEPOT MINOR SUBDIVISION No.319,
LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN MONTANA,
CITY OF BOZEMAN, GALLATIN COUNTY,MONTANA
LEGAL DESCRIPTION:
Being a twenty by thirty foot (20'x30') Fire Hydrant Easement, situated
on a portion of Lot 2 of Home Depot Minor Subdivision No. 319,
located in the Northeast One—Quarter of Section 2, Township 2 South,
Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin
County, Montana, Said Fire Hydrant Easement being more particularly
described as follows: E
a
Beginning at a point which bears North 70'11'47" West, a distance of N
122.91 feet from the Southeast Corner of said Lot 2; m
thence South 58'31'43" West, a distance of 20.00 feet; N
thence North 31'28'17" West, a distance of 30.00 feet; 05
thence North 5831'43" East, a distance of 20.00 feet;
thence South 31'28'17" East a distance of 30.00 feet, to the point of
beginning.
Said Fire Hydrant Easement being 600 square feet.
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PROJECT SIRVEYM aT SHEET
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Exhibit B
20'x30' FIR E HYDRANT EASEMENT
\ \ \ \ EXISTING RECIPROCAL
\ \ \ \ ACCESS EASEMENT
BETWEEN LOTS 1 AND 3
\ 50' GREENWAT (TYP.)
EXISTING
\ WATERLINE
\ EASEMENT
\ PER DOC. \ y
\ No. 2027898
LOT 2 \
EXISTING
TELEPHONE
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NOTE:
EXISTING EASEMENTS ARE
DO
AS SHOWN ON THE FINAL
PLAT OF HOME DEPOT
MINOR SUBDIVISION No. 319
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BASIS OF BEARING,COORDINATES
MONTANA COORDINATE SYSTEM NAD 63 to
HORIZONTAL DATUM: BOZEMAN CONTINUOUSLY OPERATING %
REFERENCE STATION
ea DESIGNATION o
DK7547 MTSU BOZEMAN CORS ARP %
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MONTANA STATE PLANE NAD 83 (2O11)(EPOCH: 2010.0000) N
NORTH LATITUDE 45'39'40.37689" a
WEST LONGITUDE 111'02'42.00898" /
UNITS: INTERNATIONAL FEET 3
p Convergence angle: —01'07'49"
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0 15 30 45 /
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SCALE 1 INCH — 30 FEET ACT SUMSY t W SHEET
32016COVERYDRNE Civil Engineering --,,
DOZEMAN,M75Wi6 JJS. DRAWN BY: KWO 2 OF
E/41/4 Sec. T. R. PHONE(406)562 0221 Geotechnical Engineering
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