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
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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