The URL can be used to link to this page

Home My WebLink About19- Sanitary Sewer Pipeline and Access Easement and Agreement - Gallatin Center LP - Crestview Condos Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 2fi61612/2019 01:08:12 PM Fee: $28.00 ter-Off1Ce Orlalrialt0: Eric Semerad - Gallatin County, MT MISC Ci of Bozeman Depa ent of Community Development P.O.Box Bozeman,MT 1 r SANITARY SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Gallatin Center LP, the GRANTOR, in consideration of One Dollar and other good and valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain approximately 265 if(sewer) pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sanitary sewer in, through, and across a strip of land situated in Gallatin County, Montana, to be located on the following described real property: Lot 3Minor Sub 210, situated in Section 35, Township 1 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County Montana. The easement is more particularly shown on the attached PUBLIC SANITARY SEWER PIPELINE AND ACCESS EASEMENT EXHIBIT A which by this reference is 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 Sewer pipeline, 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 Gallatin Center LP Sanitary Sewer Pipeline&Access Easement Page 1 of 4 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. O DATED thi day of `�� , 2019. RANT R E ne III its- eral Partner STATE OF MONTANA ) ):ss County of Gallatin ) On this 1 y da of Vu 1. , 2019, before me the undersigned, a Notary Public for the State of Montana, personally appeared Eugene Graf III , known to me to be General Partner of Gallatin Center LP 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 Gallatin Center LP. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. CNnIS B!'GESKI Notary Public for the State of Montana ` fortha s,ate ofivlontana Chris Budeski (Printed Name) * 4 F Bo e ti1 ,� :* Resicing at: f � yL. _� man, oana a, s Residing at Bozeman MT ! y�F -••• F` November 26 My Commission Expires: f o M�\,> My Commission expires November 26, 2019 �.�— _ ,2019- _..� Gallatin Center LP Sanitary Sewer Pipeline&Access Easement Page 2 of 4 ACCEPTED: Cl Y O B � •� . . ,• ly1' by City Manager r :a.ir-1 • ATT T: 'F+, ti, i 4 • . 0 - City Clerk c a83 • �� IN CO. ` STATE OF MONTANA )ss. County of Gallatin ) On this day of - ,> , 2019, 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, respectively, of 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 Notarial Seal the day and year first above written. '0 swF�;, BRENDA SWEENEY ti'! Notary Public m;1-10TAAi,14:`c=for the State of Montana Notary Public for the State 4montana *: -- 40SEAL�esiding at: :-SEAL.=Q` Bozeman, Montana %, oF p Q My Commission Expires: (Printed Name) December 02,2022 Residing at My Commission expires_/ /20 Gallatin Center LP Sanitary Sewer Pipeline&Access Easement Page 3 of 4 EXH I BIT A DEPICTING AN EASEMENT OVER AND ACROSS LOT 3 REMAINDER OF MINOR SUBDIVISION No. 210 LOCATED IN THE SW1/4 OF SECTION 35, T1S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA C1/4 Corner Section N 35, T1 S, R5E, P.M.M.35 S 89037'34" E — •° W04 E �Y S o �/ • I � /,� e•• hwi LANDS°•- ",''' on i'j ••' °+ O gP�CTER I 0 w C%' % l OT 5, 8 N0.1 - W ' /N �su � �, BAN ( ¢ 2 - �i, ZO • = Z j %Lu i% N H o co ;a LOT 3 Minor Sub.210 LOT 6 � ��' / BAXTER LANE SUB, NO. 1 `V w EASEMENT LINE FUNCTIONS: _YD N 89039'14" E 16.06' - — — — — — — — — — - - - - - - - - - - Point of 040S 89°39'14"W Begi ning o 46.06' r` LO X�ER LO LOSE S 8 NO• S1/4 Corner Section LPN I 35, T1S, R5E, P.M.M. LEGAL DESCRIPTION: All that certain easement situate on Lot 3, Minor Subdivision No.210 located in the SE1/4 of Section 35,T1 S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully bounded and described as follows: Beginning at the Southwest corner of the herein described easement at a point on the West line of the SE1/4 of said Section 35 which bears N 00°22'26" E a distance of 557.50 feet from the S1/4 corner of said Section 35; thence continuing along said West line N 00°22'26" E a distance of 30.00 feet;thence through Lot 3 the five (5) following courses; 1) N 89°39'14" E a distance of 16.06 feet;2) N 00°22'26" E a distance of 220.11 feet; 3) S 89°37'34" E a distance of 30.00 feet; 4) S 00°22'26"W a distance of 249.73 feet; 5) S 89039'14"W a distance of 46.06 feet to the Point of Beginning. 0' 50, 100, 150' Said easement containing in area 7,979 square feet. PROJECT NUMBER MT-1 MERIDIAN LAND DATETE 05/01/2019 SURVEYING, ITIC . SCALE P.O. Box 587, Gallatin Gateway, Montana 59730 1"= 50' Phone (406) 624-6565 SHEET 1 OF 1 e-mail: meridiansurveying@yahoo.com