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Home My WebLink About19- Sewer and Water Pipeline and Access Easement and Agreement - Black Dirt, LLC - Tschache Apartments i Y Rein ea io, PLATTED; fc City of Bozeman L City Clerk PO Box 1230 Bozeman, MT 59771-1230 2645367 Page: 1 of 5 05/22/2019 02:21:09 PM Fee: $35.00 Eric Semerad - Gallatin County, MT MISC IIIIIiI IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII I'll SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Black Dirt LLC, the GRANTOR, for good value and consideration, receipt of which is acknowledged, grants to The City of Bozeman, a Municipal Corporation, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain water and sewer pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting in,through, and across a strip of land situated in Gallatin County, Montana, THIRTY (30) feet wide to be located on the following described real property: Lot 9 of the Stoneridge Square Subdivision, located in NE 1/4 of Section 2, Township 2 South, Range 5 East, M.P.M., City of Bozeman, Gallatin County, Montana, according to the official survey thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana [J-446] 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 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 THE GRANTEE AGREES: (1) That, in connection with the construction, operating,patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water& sewer pipelines, 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 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. The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs, executors, DATED this day of_ ,,� ,ai' , 20 1 Dan es em er of Black rt, LLC STATE OF MONTANA ) ss. County of Gallatin ) On this�day of -J� Vl,k ' v , 2019,before me the undersigned, a Notary Public for the State of Montana, personall appeared DAN BARNES, known to me to be the a Member of BLACK DIRT, 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 BLACK DIRT, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. s°'Y srq TIFFANY STRATMAN (SEAL) . 9= Notary Public oTAR� q4•,z for the State of Montana * SEAL. '= Residing at: 39. �� Bozeman, Montana MY Commission Expires- September 01 Notary Pu rd _rlhe° fafe of Montana ,202� (Printed Nam ) Residing at ,�2_��nc�_�;� My Commission Expires ACCEPTED: "BOZE By City Manager SKr �of•'r�'< ATTEST: U. City erk STATE OF MONTANA ) ss. County of Gallatin ) On this day of , 2�,before me, a Notary Public for the State of Montana,personally appeare ANDREA SURRATT and ROBIN CROUGH, known to me to be the City Managhiri cost instrument, and acknow City Clerk for the lty of Bozeman and the persons whose ledged to me that they executed the sam names are subscribed to the witor 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) ,o"" BRENDA SWEENEY ?O• FF, � Notary Public mQ �oTaAiAI =:for the State of Montana *: Residing at: Notary Public for the State aMontana ,�.SEAL:**' Bozeman, Montana MY Commission E�Ires: ',,,, .►�°`„� December 02,2022 (Printed Name) Residing at Bozeman,.Montana My Commission Expire . / /20 TSCHACHE LANE j N89`44'36"E 480.20' 30'OF DEDICATED RIGHT OF WAY N 89'44'36"E L11 N 89`44'36"E L12 N 89'44'36"E 12148' r 109.48' 189.24' o _ S 89`44'36"W -' 109.3II- I z r- m� o w � � N �o I N S 89`44'36"W I za -_ z 109.18, ig 1� I tO1-r�i r �r Z � �tr LOT 9 1 h �� 9►A 3.070ACRES t +� 1 o � / d?\N R=380.00' A=385.40' CD=369.09' C8=N29'16'33"W EXHIBIT A 13=58'06'34" A 30'WATER h SEWER PIPELINE AND LINE TABLE ACCESS EASEMENT TAG LENGTH BEARING �a� ACROSS LOT 9 OF THE STONERIDGE L1 15.00' S 00'00'45'W �R��`� SQUARE SUBDIVISION,LOCATED 1N NE%OF L2 30.00' S 00°00'45"W �p9 SECTION 2,T2S,R5E,P.M.M.,CITY OF L3 8.75' N 38'20'25"W BOZEMAN,GALLATIN COUNTY,MONTANA L4 20,00' S 5252'54"W - --- L5 8.46' S 38'20'25°E 30' WATER & SEWER GRAPHIC SCALE EEIS L6 19.88' S 53"41`16"W « L7 6.54' N 38°03'45"W PIPELINE & ACCESS L8 32.72' N 00"22'20"W 0 30 00 Er:ci:vEEPw ll — EASEMENT L9 30,00' N 00°22'20"W �- . L10 15.00' N 00'2220"W F:OT D 7AT' Jan/28/2019 04 45.4.: m L11 30.00' N89'44'36"E / ( TN FEET LG 4vcR: DATE ^-1l2GJ14 _—_ l�� y JRM Dr .'a'f:1<0 t:Aal L12 30.00' N 89'44'36"E I inch = 60 ft, RA e T SCALE:___ f103u\0n;CA e ,•Te 5w-dvg 7 -_:D E!. RROJ k:1085 G':1 SHE=T