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HomeMy WebLinkAbout18- Public Utility and Access Easement and Agreement - Folkvord Investments, LLC - RSVP Event Center Fire Hydrant Extension Return t City of Bozemk PO Bo 2636139 '3oze 5 MT W711,4966 1 6 Page: 1 of 4 01/16/2019 01:30:21 PM Fee: $28.00 Eric Semerad - Gallatin County, MT MISC 1111 IIIIIII 111111 IN 1111111111111111111 Illilll III 1111111111111111111 IN PLATTED PUBLIC UTILITY AND ACCESS EASEMENT AND AGREEMENT Folkvord Investments,LLC,a Montana limited liability company,with a mailing address of 10778 Highway 287,Three Forks,Montana 59752,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,P.O.Box 1230,Bozeman,Montana 59771-1230,GRANTEE,its successors and assigns, a perpetual easement to lay,construct and maintain water pipelines 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,20 feet wide to be located on the following described real property: Lot IA,Block 2, The Violett Addition to Bozeman,located in the Northeast Quarter of Section 12,T.2 S.,R.5 E.of P.M.M.,City of Bozeman,Gallatin County,Montana. The easement is more particularly shown and dimensioned 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 traits 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 xNith 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 beginiung 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 oZ 1 day of ')o J ,201 . FOLKVORD INVESTMENTS,LLC,a Montana limited liability company By: >1 ., ,its, m e vM r STATE OF MONTANA ) ):ss County of Gallatin ) This nstrument was signed or acknowledged before me this r s day of r 201 ,by I kl Dr ,as bW V1.P�r" of OLKVORD INVESTMENTS,LLC,a Montana limited liability company. `^1"'� LIANA CASTILLA ( I.a � (�, P Notary Public II l =_for the State of Montana otary Public for the State of Montana ".•�oTAR�q�. - Residing at: Printed Name: j-1ANA C, 'ST 1 Q,—A *' SEAL. '": Pony, Montana Residing at h�I q •e\" My Commission Expires: My Commission Expires _ J�%20� M I'\\1 July 03,2021 ACCEP •CITY OFtN By: _._� OV $Q2 Andrea Surratt,City Mana c ,• • • • , • c r I ��+ ATTEST: `,y . ti •���`l U . �;.� ✓ .'�' Robin Crough,City Clerk 1 88 3 STATE OF MONTANA )ss. �® County of Gallatin ) On this 141" day of~ 2015-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. (SEAL) BRENDA SWEENEY OPSwF , ,aL Notary Public for the State of Montana Notary Public for the State of Monta Residing at: Prime e: *dy..SEAL.,**s Bozeman, Montana Residing at FS My Commission Expires: My Commission Expi / /20 December 02,2022 G:\CR11\18\180620\Easemenls\Pubhc Utility EasnumLDoex EXHIBIT A WATER MAIN EASEMENT - LOT 1A, BLOCK 2, VIOLETT ADDITION TO BOZEMAN 1 1 1 i N r-i Ln V I u7 O M r - .- M O Ob I I I o u PROPOS WATER MAIN EA EMENT H I 08 '56'23" H F 12.67 H I EXISTING HYDRANT H M I NO LO cD O i © H b)`N H I Z I W H 9 a H L 12.67 H 2 9'56'-2 - -----�-�-� I XING p I — TV 2'V ;-r/'Wl "W TVW2'1 w i i F F F I I I �/ ----- - ----� [N89'4 N NER OF LOT 1A, BLOCK 2, ADDITION TO BOZEMAN. I SHORT STREET I Scale In Feet 10 0 10 3 0 3 Scale In Meters Engineering and Surveying Inc. 1091 Stoneridge Drive•Bozeman, MT 59718 Phone(406)587-1115•Fax(406)587-9768 WWW.chengineers.com•info@chengineers.com Sheet I Of 1 #180620