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HomeMy WebLinkAbout19- Public Pipeline and Access Easement and Agreement - D. Madill RTF, LLC - Crestview Condos Return to: City of Bozeman City Clerk PO Box 1230 2661611 Bozeman, MT 59771-1230 Page: 1 0f 5 10/17/201I9 01:08:12 PM Fee: $35.00 Inter-office Original to: Eric Se.er ad _I IIIIIII IIIIII III IIII IIIIIII Gallatin IIIIIIIIIIIIII IIIII III I IIIII III III III IIIII IIIIIIIII IIII MISC of Bozeman Dep ent of Community Development P.O. Bo 30 _.QED Bozeman, 9771 PUBLIC PIPELINE AND ACCESS EASEMENT AND AGREEMENT D. MADILL RTF, LLC, 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 135 if (sanitary sewer) and 155 if(water) pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sanitary sewer and water in, through, and across a strip of land situated in Gallatin County, Montana, to be located on the following described real property: Lot 6, Baxter Lane Subdivision 1 situated in SW 1/4 of 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 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 (1) Support the pipeline across ravines and water courses with structures which GRANTEE Public Pipeline&Access Easement Page 1 of 4 deems necessary. THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said_Sewer& Water 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 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. DATED this 0 day of ki AOC,# , 2019. Public Pipeline&Access Easement Page 2 of 4 GRANTOR By: its: Aff 'er STATE OF MONTANA ) ):ss County of Gallatin ) On this day of IVAIt z-i, , 2019, before me the undersigned, a Notary Public for the State of Montana, personally appeared Detain MaDill, known to me to be Manager of D. MaDill RTF, 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 D. MaDill RTF, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. CHRIS BUDESKI� Notary Public for the State o AMontana ?��`e �SLA PUbiic ! C,e1A R/,-,• _for he Sta — of Montana Chris Budeski = -- Rcsicing at: o Residing at Bozeman MT AL Q Bo-eman, ML:ntana , a o�h^off.;>' My Commission Expires: My Commission expires November 26, 2019 November on Expires: 019 Public Pipeline&Access Easement Page 3 of 4 ACCEPTED: C YO B N b ®�� r� ''' yR City Manager ATTEST: yA:' •' City Jerk �• - ___-_.c r {� , 1883 STATE OF MONTANA ) - TIN co•��o )ss. County of Gallatin ) On this _"/ day of , 2019, before me, a Notary Public for the State of Montana, personally appeared -'�wNMf and D LIaL , known to me to be the City Manager and City Clerk, respectively, of the City of Bozemaii 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. BRENDA SWEENEY `,:��0 ...,F�cy,, Notary Public mQ'NOTAR144 ..c for the State of Montana Notaary Public for the State of Montana *: -- *` (SEing at: C5,..SEAL.- Bozeman, Montana -9 P My Commission Expires: (Printed Name) °F ,,,,, December 02,2022 Residing at My Commission expires _/ /20 Public Pipeline&Access Easement Page 4 of 4 EX ITA N ' I FDEPICTING AN EASEMENT OVER AND ACROSS LOT 6 OF BAXTER LANE I SUBDIVISION NO. 1, LOCATED IN THE SW114 OF SECTION 35, T1S, R5E, P.M.M., I CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA W E EASEMENT LINE FUNCTIONS: W LEGAL DESCRIPTION: OA N 00°20'46"W 16.46' >_ ER All that certain easement located on Lot 6 of Baxter 0 N 89°39'14" E 20.00' Lot 5s��N0.1 0 Lane Subdivision No. 1 situate in the SW1/4 of Section S 00°20'46" E 16.46' �Ne S I 35, T1 S, R5E, P.M.M., City of Bozeman, Gallatin ( Q County, Montana, being more fully bounded and N 89°16'57"E 300.71'(R) 2 described as follows: • N 89041'13" E 300.92' (M) • � I Beginning at the Southeast corner of the herein described easement at a point which bears N 00°22'26 X�ERsa s&e. LOT 6 E a distance of 22.55 feet from the Southeast corner of 8P�p.9 1 06 BAXTER LANE SUB, NO. 1 Lot 6 of Baxter Lane Subdivision No. 1;thence through said Lot 6 the seven (7) following courses; 1) S 89'39'14" W a distance of 189.76 feet; 2) N 00°20'46" LOT 12, BL. 1 c W a distance of 30.00 feet; 3 N 89°39'14" E a distance BAXTER SQ.SUB. P.U.D. PH. 1 &2 N 89°39'14" E / C I of 28.11 feet; 4) N 00°20'46"W a distance of 16.46 feet; _ _ W 28.11' N 89039'14" E 142.03' N 5) N 89'39'14" E a distance of 20.00 feet;6) S LOT 13, BL.1 /�o N 00°20'46" E a distance of 16.46 feet; 7) N 89°39'14" E a BAXTER SQ.SUB. N o // � / o ° P.U.D. PH. 1 &2 ° olo / EASEMENTAREA=6,027 Sq. Ft./, o distance of 142.03 feet to a point on the East line of o u — — O °O I M /co co_ (� said Lot 6; thence along said East line S 00 2226 W a - distance of 30.00 feet to the Point of Beginning. LOT 14, BLOCK 1 Z z S 89°39'14"W 189.76' BAXTER SQUARE SUB. N Point of PHASE 1 AND 2 D Be inning U. . N Said easement containing in area 6,027 square feet. P. S 89°41'00" W 300.89' (M) • 0' so' 100, 150' ER 389'16'44'W 300.67'(R) ?il;•.,• �a� e No 1 p N TAN •., I . M1 • PROJECT NUMBER MT-148.78 MERIDIAN T 1�T T �a T ��• � �, 1®/1 1 1 v l� 1 V e • • DATE T �--a •• .sNcEg�� 05l01/2019 T T \T ® j T *J • -V O s gym.! ®/ 1e/ 1 1 tl , C . •,•AL l AN••• a• SCALE •'•'••' P.O. Box 587, Gallatin Gateway, Montana 59730 1" = 50' Phone (406) 624-6565 0 C:�I9 SHEET 1 OF 1 e-mail: meridiansurveying@yahoo.com