HomeMy WebLinkAbout19- Water Pipeline and Access Easement and Agreement - Crow River Management, LLC - Silver Creek Apartments Project Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230
pLATI'ED J
2643896
Page: 1 of 5 05/03/2019 02:37:34 PM Fee $35.00
Eric Semerad - Gallatin County, MT MISC
111111111111111111111111111111111 IN 11111111111111111111111111II1111111111111111111
WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
CROW RIVER MANAGEMENT, LLC a Minnesota limited liability company, the
GRANTOR(S), in consideration of One Dollar($1.00) and other good and valuable
consideration, receipt of which is acknowledged, grant(s) to CITY OF BOZEMAN, GRANTEE,
its successors and assigns, a perpetual easement to lay, construct and maintain municipal water
pipelines with the usual services,hydrants, valves, connections, accessories and appurtenances
for the purpose of transmitting over,under, in, through, and across a strip of land situated in
Gallatin County, Montana,thirty(30.0) feet wide to be located on the following described real
property:
Lot 5A of the Amended Plat of Lot 5, Annie Subdivision, Phase 2, 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.
The easement 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(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(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.
C�
DATED this - day of �� , 20 e
CROW RIVER MANAGEMENT, LLC
y
NTOR
CORPORATE
STATE OF MINNESOTA )
) ss.
County of Stearns )
On this _7 day of ff),tom'ej, , 20/ , before me the undersigned, a
Notary Public for the State of Montana,personally appeared, Dolora Musech, known to me to be
the Vice President of Crow River Management, LLC, a Minnesota limited liability company and
the person whose name is subscribed to the within instrument and acknowledged to me that she
executed the within instrument for and on behalf of the company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
CABIN SUE BZDOK
NOTARY PUBUC•MINNESOTA
NMtPVblic f the St t of Mi es a W �pan. -- 2�
vL .
(Printed Name)+ 1 '�/�
Residing in �/{ \ U I <''l41�t �
My Commission Expires ��% l / /20c9 3
ACCEPTED:
CITY 1 S 02�,'• B
fig• • ■ ■ •• �??
• •, ity Manage
ATTEST:
City C erk •. :��
STATE OF MONTANA )
tL,9T1N CO�1�.
ss.
County of Gallatin )
On this ._ ,�'_,"day of4pro'l , 2('r`i,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) .�°`"P'sw" BRENDA SWEENEY
O ... F
,,.�`��.• •.F.y-% Notary Public
otAR�A� <'-for the State of Montana
Residing at:
pz
Not Public for the State of M ana SEAL Q Bozeman, Montana
• �1 My commission Expires:
� �P `\
' December 02,2022
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires:___,/ /20
EXHIBIT A
PUBLIC UTILITY EASEMENT
[S88'13'42"E] NORTHEAST CORNER OF LOT 5A, AMENDED
250'71 091-46-IT PLAT OF LOT 5, ANNIE SUBDIVISION, PHASE 2
LL080'31'18°
44. fl9Y46'19"
ROPOSED PUBLIC '
s: UTILITY EASEMENT \\ N
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30.64 046'46'1
Scale In Feet
50 0 50
15 0 15
Scale In Meters
Engineering and Surveying Inc.
1091 Stoneridge Drive•Bozeman, MT 59718
Phone(406)587-1115•Fax(4061 587-9768
vwwv.chengineers.com•info@chengineers.com Sheet I Of 1 #180662