Loading...
HomeMy WebLinkAbout08-05-19 City Commission Packet Materials - C8. Reconveyance of Easements with Taylor Properties for Lincoln Properties Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Griffin Nielsen, Engineer I Shawn Kohtz, City Engineer SUBJECT: Authorize the City Manager to sign a Release and Reconveyance of a Public Storm Retention Pond Easement, a Release and Reconveyance of a Public Access Easement, a Release and Reconveyance of a Public Utility Easement, a Release and Reconveyance of a Pedestrian Public Access Easement, a Drainage Easement, two Access Easements, a Sewer and Water Pipeline and Access Easement and Agreement, and a Temporary Public Street Easement and a Utility Easement with Taylor Properties for the Lincoln Properties Site Plan. MEETING DATE: August 5, 2019 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Authorize the City Manager to sign a Release and Reconveyance of a Public Storm Retention Pond Easement, a Release and Reconveyance of a Public Access Easement, a Release and Reconveyance of a Public Utility Easement, a Release and Reconveyance of a Pedestrian Public Access Easement, a Drainage Easement, two Access Easements, a Sewer and Water Pipeline and Access Easement and Agreement, and a Temporary Public Street Easement and a Utility Easement with Taylor Properties for the Lincoln Properties Site Plan. BACKGROUND: Existing easements are currently in place on this property based on previously approved site plans. This action relocates those easements based on a recently approved site plan. Attached are copies (original to City Clerk) of the partially executed agreements. Engineering staff reviewed the documents and found them to be acceptable. FISCAL EFFECTS: N/A ALTERNATIVES: As suggested by the City Commission. 56 Attachments: Release and Reconveyance of Easements (4), Drainage Easement, Access Easements (2), Sewer and Water Pipeline and Access Easement and Agreement, Temporary Public Street Easement, Utility Easement Report compiled on: 7/10/19 57 RELEASE AND RECONVEYANCE OF EASEMENT(S)COMES NOW the City ofBozeman, 121 North Rouse Avenue, Bozeman, MT 59715,aMunicipal Corporation of the State of Montana hereinafter ("GRANTOR") and does herebyrelease and reconvey the following described easement(s) unto Taylor Properties Incorporated,as follows:WITNESSETHWHEREAS the Grantor is the legal record title holder of a Public Storm Retention PondEasement, Doc #2289570, situated acrossTRACT 27A OF THE CORRECTED AMENDED PLAT OF TRACTS 26 & 27 OF BEATTY'SALDER COURT SUBDIVISION AND TRACT 1 OF C.O.S. NO. 2639, SITUATED IN THESW1/4 OF SECTION 13, T2S, R5E, P.M.M.. CITY OF BOZEMAN. GALLATIN COUNTY,MONTANAWHEREAS the above Public Storm Retention Easement was granted on Noyembei_28th^2007_and recorded on January 17, 2008 at the Clerk and Recorder's Office ofGallatin County,Montana.WHEREAS the review and approval of the Lincoln Properties Site Plan File #18027 hasbeen completed without having to occupy said easements recorded on January 17,2008,andWHEREAS the constmction of the Lincoln Properties Site Plan can be completed without thePublic Storm Retention Pond Easement, Doc#2289570, and will not adversely impact theGrantor's interests.WHEREFORE, the Grantor does hereby release and reconvey to Taylor Properties58 Incorporated those portions of the easement(s) located on the above described real property as setforth on filed Document #2289570, together with any right, title, or interest that the Grantor mayhave in said easements as set forth on said filed Document #2289570.DATED thisday of,20_GRANTOR - CITY OF BOZEMANTitleATTEST:City ClerkSTATE OF MONTANA ))ss.County of Gallatin )On thisday of, 2_, before me, a Notary Public forthe State of Montana, personally appeared ANDREA SURRATT and ROBIN CROUCH, knownto me to be the City Manager and City Clerk, respectively, of the City ofBozeman and thepersons whose names are subscribed to the within instrument, and acknowledged to me that theyexecuted the same for and on behalf of the City ofBozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.(SEAL)Notary Public for the State of Montana(Printed Name)Residing at_My Commission Expires / _/20_59 RELEASE AND RECONVEYANCE OF EASEMENT(S)COMES NOW the City ofBozeman, 121 North Rouse Avenue, Bozeman, MT 59715,aMunicipal Corporation of the State of Montana hereinafter ("GRANTOR") and does herebyrelease and reconvey the following described easement(s) unto Taylor Properties Incorporated,as follows:WITNESSETHWHEREAS the Grantor is the legal record title holder of a Public Access Easement, Doc#2294157, situated acrossTRACT 1A OF THE CORRECTED AMENDED PLAT OF TRACTS 26 & 27 OF BEATTY'SALDER COURT SUBDIVISION AND TRACT 1 OF C.O.S. NO. 2639. SITUATED IN THESW1/4 OF SECTION13, T2S. R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY,MONTANAWHEREAS the above Public Access Easement was granted and recorded on March 13,2008 at the Clerk and Recorder's Office of Gallatin County, Montana.WHEREAS the review and approval of the Lincoln Properties Site Plan File #18027 hasbeen completed without having to occupy said easements recorded on March 13, 2008, andWHEREAS the construction of the Lincoln Properties Site Plan can be completed without thePublic Access Easement, Doc#2294157, and will not adversely impact the Grantor's interests.WHEREFORE, the Grantor does hereby release and reconvey to Taylor PropertiesIncorporated those portions of the easement(s) located on the above described real property as setforth on filed Document #2294157, together with any right, title, or interest that the Grantor may60 have in said easements as set forth on said filed Document #2294157.DATED thisday of_,20_GRANTOR - CITY OF BOZEMANTitleATTEST:City ClerkSTATE OF MONTANA ))ss.County of Gallatin )On thisday of, 2_, before me, a Notary Public forthe State of Montana, personally appeared ANDREA SURRATT and ROBIN CROUCH, knownto me to be the City Manager and City Clerk, respectively, of the City ofBozeman and thepersons whose names are subscribed to the within instrument, and acknowledged to me that theyexecuted the same for and on behalf of the City ofBozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.(SEAL)Notary Public for the State of Montana(Printed Name)Residing at_My Commission Expires//2061 RELEASE AND RECONVEYANCE OF EASEMENT(S)COMES NOW the City ofBozeman, 121 North Rouse Avenue, Bozeman, MT 59715,aMunicipal Corporation of the State of Montana hereinafter ("GRANTOR") and does herebyrelease and reconvey the following described easement(s) unto Taylor Properties Incorporated,as follows:WITNESSETHWHEREAS the Graiitor is the legal record title holder of a Public Utility Easement, Doc#2294159, situated acrossTRACT 1A AND 26A OF THE CORRECTED AMENDED PLAT OF TRACTS 26 & 27 OFBEATTY'S ALDER COURT SUBDIVISION AND TRACT 1 OF C.O.S. NO. 2639.SITUATED IN THE SW1/4 OF SECTION13, T2S, R5E. P.M.M., CITY OF BOZEMAN.GALLATIN COUNTY. MONTANAWHEREAS the above Public Utility Easement was granted and recorded on March 13,2008 at the Clerk and Recorder's Office of Gallatin County, Montana.WHEREAS the review and approval of the Lincoln Properties Site Plan File #18027 hasbeen completed without having to occupy said easements recorded on March 13, 2008, andWHEREAS the construction of the Lincoln Properties Site Plan can be completed without thePublic Utility Easement, Doc#2294159, and will not adversely impact the Grantor's interests.WHEREFORE, the Grantor does hereby release and reconvey to Taylor PropertiesIncorporated those portions of the easement(s) located on the above described real property as setforth on filed Document #2294159, together with any right, title, or interest that the Grantor may62 have in said easements as set forth on said filed Document #2294159.DATED thisday of_,20_GRANTOR - CITY OF BOZEMANTitleATTEST:City ClerkSTATE OF MONTANACounty of Gallatin))ss.)On thisday of, 2_, before me, a Notary Public forthe State of Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, knownto me to be the City Maiiager and City Clerk, respectively, of the City ofBozeman and thepersons whose names are subscribed to the within instrument, and acknowledged to me that theyexecuted the same for and on behalf of the City ofBozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.(SEAL)Notary Public for the State of Montana(Printed Name)Residing at_My Commission Expires / _/20_63 RELEASE AND RECONVEYANCE OF EASEMENT(S)COMES NOW the City ofBozeman, 121 North Rouse Avenue, Bozeman, MT 59715,aMunicipal Corporation of the State of Montana hereinafter ("GRANTOR") and does herebyrelease and reconvey the following described easement(s) unto Taylor Properties Incorporated,as follows:WITNESSETHWHEREAS the Grantor is the legal record title holder of a Pedestrian Public Access Easement,Doc #2294158, situated acrossTRACT 1A AND 26A OF THE CORRECTED AMENDED PLAT OF TRACTS 26 & 27 OFBEATTY'S ALDER COURT SUBDIVISION AND TRACT 1 OF C.O.S. NO. 2639,SITUATED IN THE SW1/4 OF SECTION13, T2S, R5E, P.M.M.. CITY OF BOZEMAN,GALLATIN COUNTY. MONTANAWHEREAS the above Pedestrian Public Access Easement was granted March 3 ,2008and recorded on IVtarch 13, 2008 at the Clerk and Recorder's Office ofGallatin County,Montana.WHEREAS the review and approval of the Lincoln Properties Site Plan File #18027 hasbeen completed without having to occupy said easements recorded on March 13, 2008, andWHEREAS the construction of the Lincoln Properties Site Plan can be completed without thePedestrian Public Access Easement, Doc#2294158, and will not adversely impact the Grantor'sinterests.WHEREFORE, the Grantor does hereby release and reconvey to Taylor Properties•^64 Incorporated those portions of the easement(s) located on the above described real property as setforth on filed Document #2294158, together with any right, title, or interest that the Grantor mayhave in said easements as set forth on said filed Document #2294158.DATED this _ day of_, 20_.GRANTOR - CITY OF BOZEMANTitleATTEST:City ClerkSTATE OF MONTANACounty of Gallatin))ss.)On thisday of, 2_, before me, a Notary Public forthe State of Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, knownto me to be the City Manager and City Clerk, respectively, of the City ofBozeman and thepersons whose names are subscribed to the within instrument, and acknowledged to me that theyexecuted the same for and on behalf of the City ofBozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.(SEAL)Notary Public for the State of Montana(Printed Name)Residing at_My Commission Expires_/__/20_65 DRAINAGE EASEMENTTaylor Properties, Inc., GRANTOR, in consideration of One Dollar ($1.00) and other good andvaluable consideration, receipt of which is acknowledged, grants to the City ofBozeman, amunicipal corporation of the State of Montana, with offices at 121 North Rouse Avenue,Bozeman Montana 59715, GRANTEE, its successors and assigns, an easement for publicdrainage purposes, in, through and across the following described real property situated inGallatin County, Montana, more particularly described as follows and on the attached Exhibit" A "A".The GRANTOR warrants that it is lawfully seized and possessed of the real property describedabove, that it has lawful right to convey the property, or any part of it, and that it will foreverdefend the title of the property against the claims of all persons. The GRANTOR further agreesthat the GRANTEE may peaceably hold and enjoy the rights and privileges herein grantedwithout any interruption by the GRANTOR.The terms, covenants and provisions of the easement and agreement shall extend to and bebinding upon the heirs, executors, administrators, personal representatives, successors andassigns of the parties hereto.66 Dated this c5-<? day of ^^^_ 20^STATE OF MONTANA )):ssCounty of Gallatin )By:^/i7^( —I"GRANTOROn thisday of_., 20_, before me the undersigned, a NotaryPublic for the State of Montana, personally appeared _, known tome to be _ of the Taylor Properties, Inc. and the person whose name issubscribed to the within instrument and acknowledged to me that he executed the withininstrument for and on behalf of Taylor Properties, Inc..IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.(SEAL)^)^^/)^^Notary Public for the State of Montanaw^^(Printed Name)Residing atMy Commission expires/_/2067 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTCIVIL CODE §1189S^S&s6se^e^er9Ss^>.sa^as(ss6e-:«sRf^<»s(xs S&^s^es^(!^(»R<ys&se',^&e!&^s^^State of CaliforniaCounty of /^/^/?^^^}Daffe"'personally appearedOn^^^^/^L before me, ^A^^^/'JT^^^/^J^/y7^<- _/<h^/^C7/^<^Lof the OfficerName(s) of Signers)1s%Ig^I 5\KRIS L. MACHADONotary Public - CaliforniaOrange CountyCommission It 2238664My Comm. Expires May 1 7, 2022who proved to me on the basis of satisfactoryevidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledgedto me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that byhis/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which theperson(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the lawsof the State of California that the foregoing paragraphis true and correct.WITNESS my hand and official seal.Place Notary Seal AboveSignature:.Signature of Notary PublicOPTIONALThough this section is optional, completing this information can deter alteration of the document orfraudulent reattachment of this form to an unintended document.Description of Attached DocumeptTitle or Type of Document: Z^^?7/fNumber of Pages:Capacity(ies) Claimed^y Signer(;Signer's Name: ^ ~7^/7?^5,^^w^/r/Document Date: . /I /^?^her Than Named Above: /%51^.'y//^/n^/ Signer's Name:a Corporate Officer — Title(s):D Partner — D Limited d GeneralD Individual D Attorney in FactD Trustee D Guardian or ConservatorD Other:Signer Is Representing:D Corporate Officer — Title(s):D Partner — D Limited D GeneralD Individual D Attorney in FactD Trustee D Guardian or Conservatora Other:Signer Is Representing:«?@i;^<i?s<s'feii<;®s?s»^«S)i?^»ysws<ys»;sws»?s«^<»K<..s<i?s.iWs<<?s<B^^© 2013 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #590768 ACCEPTED:CITY OF BOZEMANBy _City ManagerATTEST:City ClerkSTATE OF MONTANA )) ss.County of Gallatin )On thisday of, 2_, before me, a Notary Public for theState of Montana, personally appeared ANDREA SURRATT and ROBIN CROUCH, known tome to be the City Manager and City Clerk for the City ofBozeman and the persons whose namesare subscribed to the within instrument, and acknowledged to me that they executed the same forand on behalf of the City ofBozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the dayand year first above written.(SEAL)Notary Public for the State of Montana(Printed Name)Residing at Bozeman, MontanaMy Commission Expires: / _/20_69 0»>5-hn0y 3snq@03Ul0 -^n>t-<0 H?1^§|1 I 5151lls^1^§|2^:?fc i-1"1Is Iptillgi^11 iI?m5111nilSi§ ^§ ^S 21mm?2!^Zz@mi20)2ni(nnis!!IIIIh—(3Ns;0I—I2§^c^w^?ww^^q^^MAPLE CT-^-0.^1IwHi^o hw0uIHN.)"!^m 0^1m|3^§XM I °°COa I 0°•'^1'Is5gMN5~im0)Ml °°||i^-11iom^IIOQHcn5u^ ^-ALDER COURT LNwI>—^bdI—IH>70 ACCESS EASEMENTThis Easement agreement, made this_day of._, 20_, by andbetween Taylor Properties, Inc., hereinafter called "Grantor" and the City ofBozeman, amunicipal corporation, hereinafter called "City".RECITALSWHEREAS, the Grantor is the owner of the following described real properties:Lot 1 of the Amended Plat, located in the SW 14 of Section 13, Township 2 South,Range 5 East, P.M.M., City ofBozeman, Gallatin County, Montana, according to theofficial surveys thereof on file and of record in the office of the County Clerk andRecorder of Gallatin County, Montana.(hereinafter called "Subject Parcel");WHEREAS, the Grantor has agreed to a request by the City to construct a sidewalk5 feet wide. This sidewalk starts at the south end of Tract 1 and then along the westside said tract and will end at the boulevard sidewalk on the south side of Lincoln Street within a6-foot-wide sidewalk easement as depicted in Exhibit "A".NOW, THEREFORE, the Grantor, for and in consideration of the facts above recited andof the obligations herein contained, does hereby grant and convey unto the City and its assignsan irrevocable and perpetual easement in, to, over and upon the sidewalk and the landappurtenant thereto for pedestrian ingress and egress and the Grantor and City agree as follows:1. The easement herein created includes the right to use the sidewalk and such landappurtenant thereto which is necessary or convenient for the exercise of this easement.71 2. The Grantor agrees to construct and maintain the sidewalk at its own expense inaccordance with the relevant City Ordinances, including, but not limited to,snowremoval and all major and minor repair work.3. The Grantor further agrees to allow the City to make any and all inspections of thesidewalk and land appurtenant thereto as the City reasonably deems necessary.4. This easement shall run with the land and be fully transferable and assignable inconnection with the sale or other transfer of the Subject Parcels as an appurtenancethereto and shall be binding upon the heirs, successors and assigns of the Grantor and theCity.IN WITNESS WHEREOF, the parties hereto have executed this easement.DATED this ^^ day of_,20_/^.jRANTORBy: Jim Brainard, President ofTaylor Properties, IncSTATE OF MONTANA )):ssCounty of Gallatin )On thisday of._, 20_, before me theundersigned, a Notary Public for the State of Montana, personally appeared Jim Brainard,President ofTaylor Properties, Inc., known to me to be the person whose name is subscribed tothe within instrument, and acknowledged to me that he/she executed the same.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal theday and year first above written.(SEAL)^5^ ./^^4-/ A^^^e^'^7Notary Public for the State of Montana(Printed Name)Residing in_My Commission expires//2072 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTCIVIL CODE §1189'stssf^es^^se^&s^se^ssssesese^e^e^ses&sei^s^es^^s^ses^^^s.sess^s^ssssssesBS^sssssiss^&^s^^State of CalifornisCounty of /^/T^/7^^'o",^/^.^^}"Datepersonally appearedbefore me, -^/^ ^^^,/3^^/^>/^Here Insert Name an^Title of ^he Officer^^7^^^ rj^^/r^/^^/Name(s) of Signer(s).)}^I'f1;©?(7f{KRIS L. MACHADONotary Public - CaliforniaOrange County ?Commission tf 2238664My Comm. Expires May 1 7, 2022who proved to me on the basis of satisfactoryevidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledgedto me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that byhis/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which theperson(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the lawsof the State of California that the foregoing paragraphis true and correct.WITNESS my hand and official seal.Place Notary Seal AboveSignature:-Signature of Notary PublicOPTIONALThough this section is optional, completing this information can deter alteration of the document orfraudulent reattachment of this form to an unintended document.Description of Attached DocumentTitle or Type of Documpn^: /}^^^^Number of Pacies:'~7Document Date:/?/)A4Signer(s) Other Than Named Above:^Y^rVCapacity(ies) Claimed by Signer(sJSigner's Name< ^^/^^a Corporate Officer — Title(s):a Partner — D Limited D GeneralD Individual D Attorney in FactD Trustee D Guardian or ConservatorD Other:Signer Is Representing:/?rt ^7%^, ^?/?<^7<T—Signer's Name:D Corporate Officer — Title(s):D Partner — D Limited Q GeneralD Individual D Attorney in FactD Trustee D Guardian or ConservatorD Other:Signer Is Representing:Sfs^wssssw^s^KS!-sswsss^ysis^i's^e^i'ssw^!,s^,swxfS!iy^s^ffSfs^''s^fesfs^^© 2013 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #590773 ACCEPTED:CITY OF BOZEMANby.City ManagerATTEST:City ClerkSTATE OF MONTANA)):ssCOUNTY of GALLATIN )On thisday of, 2_, before me, the undersigned, aNotary Public for the State of Montana, personally appeared ANDREA SURRATT andROBBST CROUGH, known to me to be the City Manager and City Clerk, respectively, of theCity ofBozeman and the persons whose names are subscribed to the within instrument, andacknowledged to me that they executed the same for and on behalf of the City ofBozeman.(SEAL)Notary Public for State of Montana(Printed Name)Residing at Bozeman, MontanaMy Commission Expires:_//2074 <HI—(p?w>JL^xw5sIUJ^£sl^z01^.1<cnCMIS N^O^Nn1^~^0)0Is-1^CT)CM^ I-< uLU LUawin?.LU?bpIQw^@^MH§<^0•5sE-)00i3<^S!II1^gMII0^rispI^MQS§N5co^uU)iw0)1.slU^1zu^UsII11oi a^1-11fel§.h^IJ]z s ^11iiIJIPIIa; a inlsC5Is]^ ^15S)t7> 0:1I sit^^1lms|sill^g5|s0d(D<uE- QH CO02g00y 1<->K5430^.3K0u75 ACCESS EASEMENTThis Easement agreement, made this_day of._, 20_, by andbetween Taylor Properties, Inc., hereinafter called "Grantor" and the City ofBozeman, amunicipal corporation, hereinafter called "City".RECITALSWHEREAS, the Grantor is the owner of the following described real properties:Lot 1, of the Amended Plat, located in the SW '/4 of Section 13, Township 2 South,Range 5 East, P.M.M., City ofBozeman, Gallatin County, Montana, according to theofficial surveys thereof on file and of record in the office of the County Clerk andRecorder of Gallatin County, Montana.(hereinafter called "Subject Parcel");WHEREAS, the Grantor has agreed to a request by the City to construct a sidewalk5 feet wide. This sidewalk starts at the south end of Tract 1 and then along the eastside said tract and will end at the boulevard sidewalk on the west side of Aider CT within thesubject easement as depicted in Exhibit "A".AND WHEREAS, the City has otherwise approved the construction and/or remodeling tobe done to the business subject to the condition that the business construct a sidewalk whichextends across the property line of Grantor's property;NOW, THEREFORE, the Grantor, for and in consideration of the facts above recited andof the obligations herein contained, does hereby grant and convey unto the City and its assignsan irrevocable and perpetual easement in, to, over and upon the sidewalk and the landappurtenant thereto for pedestrian ingress and egress and the Grantor and City agree as follows:76 1. The easement herein created includes the right to use the sidewalk and such landappurtenant thereto which is necessary or convenient for the exercise of this easement.2. The Grantor agrees to construct and maintain the sidewalk at its own expense inaccordance with the relevant City Ordinances, including, but not limited to,snowremoval and all major and minor repair work.3. The Grantor further agrees to allow the City to make any and all inspections of thesidewalk and land appurtenant thereto as the City reasonably deems necessary.4. This easement shall run with the land and be fully transferable and assignable inconnection with the sale or other transfer of the Subject Parcels as an appurtenancethereto and shall be binding upon the heirs, successors and assigns of the Grantor and theCity.IN WITNESS WHEREOF, the parties hereto have executed this easement.DATED this c7ZQ day of <9^^t^|6/. 20^2.sfTORBy: Jim Brainard, President ofTaylor Properties, Inc.STATE OF MONTANACounty of GallatinOn this)):ssday of., 20_, before me theundersigned, a Notary Public for the State of Montana, personally appeared Jim Brainard,President ofTaylor Properties, Inc., kiwwn to me to be the person whose name is subscribed tothe within instrument, and acknowledged to me that he/she executed the same.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal theday and year first above written.(SEAL) ^ ^r^ ^^^^J^y^^Notary Public for the State of Montana //(Printed Name)Residing in_My Commission expires//2077 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTCIVIL CODE §1189'sa,s6,s^^e!^fss^^ise'ss6^sses«^&se^!xs6^scse,,^e,se,s(x^^}State of CaliforniaCounty of ^ J/'^/7^^:>On/^^ z^9,^^/9 before me. .7^?S /^/^^/)^?^/^4^^ >^^^Dat4 ~ ~ ' ' Here Insert Name cpersonally appeared, ^^^^-^yHere Insert Name and Title of the Officer)^^'^^>^^^-Name(s) of Signer(s)1s^iKfi tKRIS L. MACHADONotary Public - CaliforniaOrange CountyCommission If 2238664My Comm. Expires May 17, 2022who proved to me on the basis of satisfactoryevidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledgedto me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that byhis/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which theperson(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the lawsof the State of California that the foregoing paragraphis true and correct.WITNESS my hand and official seal.Place Notary Seal AboveSignature:Signature of Notary PublicOPTIONALThough this section is optional, completing this information can deter alteration of the document orfraudulent reattachment of this form to an unintended document.Description of Attached DocumejTitle or Type of Document:Number of Pages:mec^^^^^Document Date:J1ATSigner(s) Other Than Named Above:T^^Capacity(ies) Claimed by Signer(s),7//7^r/Signer's Name: C /^f/y^i^SD Corporate Officer — Title(s):D Partner — D Limited D Generaln Individual D Attorney in FactD Trustee D Guardian or ConservatorD Other:^r ^/^^rs~7TSigner Is Representing:Signer's Name:a Corporate Officer — Title(s):D Partner — D Limited D GeneralD Individual D Attorney in FactD Trustee D Guardian or ConservatorD Other:Signer Is Representing:6S?^)y'^^'^i,?^yl^<?^ii?'^$'^!<?^i?'^ii?'g)y'®y''^^!^y!^y^^© 2013 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #590778 ACCEPTED:CITY OF BOZEMANby.City ManagerATTEST:City ClerkSTATE OF MONTANA )):ssCOUNTY of GALLATIN )On thisday of, 2_, before me, the undersigned, aNotary Public for the State of Montana, personally appeared ANDREA SURRATT andROBIN CROUCH, known to me to be the City Manager and City Clerk, respectively, of theCity ofBozeman and the persons whose names are subscribed to the within instrument, andacknowledged to me that they executed the same for and on behalf of the City ofBozeman.(SEAL)Notary Public for State of Montana(Printed Name)Residing at Bozeman, MontanaMy Commission Expires:_/_/2079 <:^fflffixM^^-1M^-1^<sIS N^O^Nn^^"" QHsu Q^ •^Mplfo0IIIIIIIIIIIglLUI^ILU0 I^t-NCM0°uc°i^0)r--iCO ^-|^coCM!r^-fF-00C\Jm00CDIIIIIIIIII3,,9C,90o69S ZS'Zei>-or<Qz=3u0<ma:h-w<0LU\M,,9£,90o68N ,/S-l.ei.CM^0OT00r\jIllIllLiQLU WQ <ujui0- coLOCO [3u§,00-seM,,^l.ZOo68Ns^ ^M Wp^ ^0<(^Mp^ ^coii8^§0Mp-1^IsIIu0)iui(^1£iUJLJz0-D? Is s02 ?s^.1-1IJfe^IJJZS1IIs.&it^Sg^col^c^^!^y ^< 0liiai^mJ| g ^ Si 3 I ad| yg5H0d1-1CD<u0E-coCDHw0h0m5ffixs0CL,-s<K0dNi80 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENTTAYLOR PROPERTIES, INC., the GRANTOR(S), for good and valuable consideration, receiptof which is acknowledged, grant(s) to THE CITY OF BOZEMAN, a Municipal Corporation,GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sewerand water pipelines with the usual services, valves, connections, accessories and appurtenancesfor the purpose of transmitting water & wastewater in, through, and across a strip of land situatedin Gallatin County, Montana, THIRTY(30') feet wide to be located on the following describedreal property: Tract 1 of the Amended Plat, Located in the SW 1/4 of Section 13, Township 2South, Range 5 East, P.M.M. City ofBozeman, Gallatin County, Montana, according to theofficial survey thereof on file and of record in the office of the County Clerk and Recorder ofGallatin County, MontanaThe easement is more particularly described on the attached Exhibit "A" which by thisreference are made a part hereof.This grant includes the right of the GRANTEE, its successors, permittees, licensees, andassigns and its and their agents and employees, to enter at all times upon the above-describedland by using existing roads or trails or otherwise by a route causing the least damage andinconvenience to the GRANTOR(S) in order to survey and establish the route and location of theeasement and the pipeline and to:(1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain thepipeline, services, coimections, accessories and appurtenances;(2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside theboundaries of the easement which may, in the opinion of the GRANTEE, interfere orthreaten to interfere with or be hazardous to the construction, operation and maintenance81 of the pipeline;(3) Grade the land subject to this easement and extend the cuts and fills of this grading intoand on the land adjacent to that which is subject to this easement to the extent GRANTEEmay find reasonably necessary; and(4) Support the pipeline across ravines and water courses with structures which GRANTEEdeems necessary.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 willrepair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of anydamages to growing crops, existing fences, ditches and other appurtenances of said landthat may be disturbed by its operation.(2) That, during operations involving excavation, it will remove the topsail from the trenchedarea to a depth of one foot, or to the full depth of the topsail, whichever is less, andstockpile said top soil for replacement over the trench. It will remove from the site anylarge rocks or surplus excavating material or any debris that may have been exposed bythe excavation and remains after backfilling is completed. And, it will leave the finishedsurface in substantially the same condition as existed prior to the beginning of operationsexcept that the surface of backfilled areas may be mounded sufficiently to prevent theformation 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 theboundaries 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 ofexisting soil or by placement of fill material within the boundaries of said easementwithout the prior written consent of the GRANTEE.(3) That where the subject improvements are not located under improved public or privatestreets or other provided access, a 12-foot-wide all-weather access road may beconstructed within the easement where at the City's discretion such access is required for82 operation and maintenance purposes.(4) The GRANTOR(S) warrants that they are lawfully seized and possessed of the realproperty described above, that they have a lawful right to convey the property, or any partof it, and that they will forever defend the title to this property against the claims of allpersons.(5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein grantedwithout any interruption by the GRANTOR(S). The terms, covenants and provisions ofthis 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 ^Q day ofG^-4-r.20/<7./^^——^TOR 'STATE OF MONTANA )) ss.County of Gallatin )On thisday of, 20_, before me the undersigned, aNotary Public for the State of Montana, personally appeared JIM BRAFNARD, President ofTAYLOR PROPERTIES, FNC., known to me to be the person whose name is subscribed to thewithin instrument, and acknowledged to me that he executed the same.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year above written.(SEAL)tary Public for the State ofMontan^/^(Printed Name)Residing atMy Commission Expires / /2083 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTCIVIL CODE §1189'sssae^ss^s,sssss^^s^s^^s^^s<6^s^£^s£^S^^^sssssess(!sss:^XFSSe9e,se^Kse!es&e^«e!<y^&S!aiState of CaliforniaCounty of /' ^/^>/^ ^o^^7^^,^)/^Da'te'personally appeared}before me,^sex^se-^sss&i^^/^^^^^^^^.Here Insert Name andTitle of tHe Officer^x-7:^7^<-^<?^?7??//^77<r)Name(s) of Signer(s).)}sj%;ftTfKRIS 1, MACHADONotary Public - CaliforniaOrange CountyCommission # 22386641My Comm. Expires May 17, 2022Place Notary Seal Abovewho proved to me on the basis of satisfactoryevidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledgedto me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that byhis/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which theperson(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the lawsof the State of California that the foregoing paragraphis true and correct.WITNESS my hand and official seal.Signature:Signature of Notary PublicOPTIONALThough this section is optional, completing this information can deter alteration of the document orfraudulent reattachment of this form to an unintended document.Named Above:Description of Attached Document_^^/^-^^7^/^7^7^Title or Type of Document: ^^^y<r^ ^'^). ^ f^?r^ »Number of Pages: •f^> Signer(s) Other TheCapacity(ies) Claimed_by Signer(^)—,Signer's Name: ^ ^n?<^ ^p^D Corporate Officer — Title(s):D Partner — D Limited D GeneralD Individual D Attorney in FactD Trustee D Guardian or Conservatora Other:Document Date: /?/)^/,^.^^ ^^^^^prs"V —Signer's Name:D Corporate Officer — Title(s):D Partner — D Limited D GeneralD Individual D Attorney in FactD Trustee L] Guardian or Conservatora Other:Signer Is Representing:Signer Is Representing:ewsw^ss^ss^f^'vs'-ss^we^wsy^'v^fssi.fsisf^f.f^fsswsty^issfs^sssfss'-f^f^^^© 2013 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #590784 ACCEPTED:CITY OF BOZEMANby _City ManagerATTEST:City ClerkSTATE OF MONTANA )) ss.County of Gallatin )On thisday of, 20_, before me, a Notary Public forthe State of Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, knownto me to be the City Manager and City Clerk for the City ofBozeman and the persons whosenames are subscribed to the within instrument, and acknowledged to me that they executed thesame for and on behalf of the City ofBozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Sealthe day and year first above written.(SEAL)Notary Public for the State of Montana(Printed Name)Residing at Bozeman, MontanaMy Commission Expires:./20 _85 <hCQIS N^O^Nn1-H1-uxTrtbCOin^t;0^cn0^^01r~-LUM-CM^^-1c^pMuOt',1.0o68N .8Z-66Z(^ nC\jp<y)^0bcnn3,,OklOo68S,179-663H^<^^p^H^/^off>-I-1—11^H^V)wLUcnu0QpUJ^LU0=)^ucou<w<^uH0wcoQh0^^^fc'Hw^^^?0wS3§£.P@^b^:§5^lii^<'^uU)iui(^UJSzu^zfii^ i? §s I1-110 I^ I2st I.yil(§ s I-IIS ^a^ > ^^1^1I-C5lsi:=tfcl^ o|u|>-001^l^s< LJ^S5H0d1-]10<;u0E-OTCDHH0fcuro5KsuCL,.3<K0u86 UTILITY EASEMENT47/£ ^^3 ^/^^TekANTOR, in consideration of $ 1.00 and for other and valuable-7-' Yconsiderations, receipt of which is acknowledged, grants to The City ofBozeman, a municipalcorporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman,Montana 59715, GRANTEE, its successors and assigns, a perpetual utility easement for the useof each and every person, firm or corporation, whether public or private, providing or offering toprovide telephone, electric power, gas, internet, cable television or other similar utility or service,the right to the joint use of an easement for the construction, maintenance, repair, and removal oftheir lines and other facilities, in, through, and across a strip of land situated in Gallatin County,Montana, 10 feet wide along the south side of Lincoln Street and 12 feet wide along the westside of Aider Court Lane to be located on the following described real property: Tract 1 of theAmended Plat ofBeatty's Aider Court Subdivision, located in the SW 1/4 of Section 13,Township 2 South, Range 5 East, P.M.M. City ofBozeman, Gallatin County, Montana.The easement is more particularly described on the attached Exhibit(s) A which by thisreference is made a part hereof.The GRANTOR states that he possesses the real property described above and that he hasa lawful right to grant an easement thereon.The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy therights and privileges herein granted without any interruption by the GRANTOR.87 The terms, covenants, and provisions of this easement shall extend to and be bindingupon the heirs, executors, administrators, personal representatives, successors, and assigns of theparties hereto.DATED this'^^ day of J<M^^ 20j_%BvT-7/^2^^/GrantorSTATE OF MONTANA ))ss.County of Gallatin )On this^7Tday of '~5Ui^f _ ,20 J_"T_, before me, the undersigned, a NotaryPublic for the State of Montana, personally appeared-T^7^^^.<s»<^ T^^^r-??'^? known to meto be the person whose name is subscribed to the within instrument, and acknowledged to methat he/she did execute the same.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.(SEAL),N^^^ LAURREN HAYDO'N?;:'*;'" '' ''oa'';YC,Z . , Notary Public^ ^^^,^ for tne State of Montana; ; • _._ ^ • :i^r,'-SFAt .;T^ .. ,Rssiding at:\<^.E'A.1^^ Manhatta-n.'Montana"-'^OF'^y MV Comm;ssion Expires:-'•"'"'"-. - May 17, 2021'l^tary Public forth^State of MontanaC^Uj^i^-f^-)(Printed Name)Residing at^My Corru-nissr(5nExpires//200ACCEPTED:CITY OF BOZEMANby _City Manager88 ATTEST:City ClerkSTATE OF MONTANACounty of GallatinOn this)ss.day of),2^ , before me, a Notary Public forthe State of Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, knownto me to be the City Manager and City Clerk, respectively, of the City ofBozeman and thepersons whose names are subscribed to the within instrument, and acknowledged to me that theyexecuted the same for and on behalf of the City ofBozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.(SEAL)Notary Public for the State of Montana(Printed Name)Residing at_My Commission Expires / _/20.89 <:h> —(sKxw3sIIS N^O^Nn?MI§pi§298.49'S89°01'29"E'Y.298.53'N89°01'29"W0 LU0 ^-0 CNJ^'^0^^.silt31PQ^iy)HH^<^^-10PL,uQHw^wQy ^H<VI>h0HH<wPQLU1Nco00y^^n1^h;uCDp:=3UJQ.=303C\J<LUI0)sn.§£3.^0^000)0 UJ0 Mc^ co^101000):5gQu^wQ^<hSi!'^C/l00^^§1uU)u|U)UJS'^,0zUJ3I§ !' §ro I's1-11,1felIIIJ§SS11lilslil^lsd11ie]':.' =*|y -I0|CK<J) Q-l1^1liiu|81ti0(£)us§mw0fc<uy n5 ^K0^sK0^Ni90 TEMPORARY PUBLIC STREET EASEMENTTaylor Properties, Inc., GRANTOR, in consideration of $ 1.00 and for other and valuableconsiderations, receipt of which is acknowledged, grants to The City of Bozeman, a municipalcorporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman,Montana 59715, GRANTEE, its successors and assigns, a temporary street easement for the useof the public, in, through, and across a strip of land situated in Gallatin County, Montana, 30 feetwide to be located on the following described real property: Tract 1 of the Amended Plat, CityofBozeman, Gallatin County, Montana, P.M.M.The easement is more particularly described on the attached Exhibit(s) A which by thisreference is made a part hereof.The GRANTOR states that he possesses the real property described above and that he hasa lawful right to grant an easement thereon.The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy therights and privileges herein granted without any interruption by the GRANTOR.The terms, covenants, and provisions of this easement shall extend to and be bindingupon the heirs, executors, admiiiistrators, personal representatives, successors, and assigns of theparties hereto until Maple Lane and Aider Ct Lane are constructed to the south boundary of theLincoln Properties Project Boundary and the temporary turnaround is no longer necessary. Theeasement will terminate automatically upon the extension and acceptance of Maple Lane and91 Aider Ct Lane to the south property line of the Lincoln Properties Project Boundary.DATED this ^° day o-, ^1^1.t^^<-<-(._l<^-J// Grantori/STATE OF MONTANA )) ss.County of Gallatin )On this _ day of _ ,20 _, before me, the undersigned, a NotaryPublic for the State of Montana, personally appeared _, president of TaylorProperties Inc., known to me to be the person whose name is subscribed to the within instrument,and acknowledged to me that he/she did execute the same.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.(SEAL)^ee /w^j /y^^/^/^n^~t~Notary Public for the State ofMontai(Printed Name)Residing atMy Commission Expires//2092 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTCIVIL CODE §1189'^SS^^Sf'^'s^s.sfs.FK'se.s&.f^'.ese'ise'^^ei^&c^ise^^State of California»0, ^^7/9^^?County ofOn /?%^^2^ ^n before me,}^/ Date /personally appeared~^^^r^/^/^^/^//r ,Here Insert Name/and Title of {he Officer^ ^^/>7^^ /^<^/>9^/^~~~^ame(s) of Signers)}B•I}!®fi.Ff{KRIS L. MACHADONotary Public - Californi*Orange CountyCommission it 22386&4My Comm. Expires May 17, 2022who proved to me on the basis of satisfactoryevidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledgedto me that he/she/they executed the same inhis/her/their authorized capacity(ies), and that byhis/her/their signature(s) on the instrument theperson(s), or the entity upon behalf of which theperson(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the lawsof the State of California that the foregoing paragraphis true and correct.WITNESS my hand and official seal.Place Notary Seal AboveSignaturer-Signature of Notary PublicOPTIONALThough this section is optional, completing this information can deter alteration of the document orfraudulent reattachment of this form to an unintended document.Description of Attached Document^7^A4-^Title or Type of Document: f^!?//€' Sr^wc'f'^?^/n^ff7~ Document Date:Number of Pages: V Signer(s) Other Than Named Above: /9^ ^//f^/^ (.<T/^/?/^<Capacity(ies) Claimed by Signer(s) ^^Signer's Name: y ^ /^1/^7<£S ./'^zy//D Corporate Officer — Title(s):D Partner — D Limited D GeneralD Individual D Attorney in FactD Trustee Q Guardian or ConservatorD Other:Signer Is Representing:Signer's Name:a Corporate Officer — Title(s):a Partner — D Limited D GeneralD Individual D Attorney in FactD Trustee D Guardian or ConservatorD Other:Signer Is Representing:iS<^<iG<,^<.^<^ti<^<yy(^<^ys,i<?y<^<^)y^<^<^<^<,^<%a<y^<?y<yfe»<$s<,^ws<;^<^^© 2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #590793 ACCEPTED:CITY OF BOZEMANby _City ManagerATTEST:City ClerkSTATE OF MONTANA )) ss.County of Gallatin )On thisday of, 20_, before me, a Notary Public forthe State of Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, knownto me to be the City Manager and City Clerk, respectively, of the City ofBozeman and thepersons whose names are subscribed to the within instrument, and acknowledged to me that theyexecuted the same for and on behalf of the City ofBozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal theday and year first above written.(SEAL)Notary Public for the State of Montana(Printed Name)Residing at_My Commission Expires//2094 <;Hffl1-HH-lxM^H^<w^^0^^Qp^-<w§<-suQ?~-^^1^CMMm^coLUCMQhinu0t33:t0uzCM>CLLU<0n ^ 4.1^ ^^<0umIS N^O^Nn5fi0^wQ1^> wH &ri^lg^CL<B50QI^NB^pIQw!Hiu0)d(nl.uj§<zu=UJUSI?;0IOT>isIgs3litM^r§51-11<lil^lil±lLJ§1IIzi =tt1^^31<0il(">1>;1m^^Sms|ll^l:^10 Us0d(0<u0E-rcicog0&,0rosffisu^.9K0095