The URL can be used to link to this page

Home My WebLink About19- Water Pipeline and Access Easement and Agreement - Bozeman Hotel Group, LLC - Residence Inn Project Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 P'LATTED � 2663207 Page: 1 of 5 10/31/2019 03:04:26 PM Fee: $35,00 Eric Semerad - Gallatin County, MT MISC 1IIIIIII111111III111111111111111111111III IIIII1III11111IIIIIIIIIIIIIII111111111111111111 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT BOZEMAN HOTEL GROUP, LLC, the GRANTOR, in consideration of$ 1.00 and for other good and valuable consideration, receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting potable water in, through, and across a strip of land situated in Gallatin County, Montana, to be located on the following described real property: LOT 13A-1 OF THE AMENDED PLAT C-23-A29 OF THE NORTHERN PACIFIC ADDITION; SITUATED IN THE NE1/4 SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. The easement is more particularly described on the attached Exhibit B 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(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 water pipeline(s), 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 5 day of L%9MO , 20). G OR 411Ea+111145k? ITS STATE OF MONTANA ) ss. County of Gallatin ) On this a,�) day of�Q mbQr , 20 )9 ,before me the undersigned, a Notary Public for the State of Montana, personally appeared, (�)djja02 12,djap known to me to be the Me j)'j&r of 6()gQq &tp/ 0dy1 QT_4JC' and the person whose name is subscribed to the within instrument and acknowledged tome that he executed the within instrument for and on behalf of (,Q=Q a IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) '05� Z 'A' � `,�; E�PU NOTARY I PUBLIC for he ETT Nota y Publicc for t{/eTS-tate of Montana P �- State of Montana NOTARIAL e` sEAI *_ Residing at Bozeman, Montana (Printed Name) �iFofMO .� My Commission Expires Residing in &J7e man January 01, 2022 My Commission Expires Tom/ /20 21 ACCEPTED: CITY O , BOZEMAN By " City anager ATTEST: r%�, .• r'.�?`�J i Jl V L; 1883 . STATE OF MONTANA ) 9Th co �0 `' ss r . County of Gallatin ) On this ..-q day of (;� `h p,� , 2 0/ , before me, a Notary Public for the State of Montana, personally appeared_,jl•n d cp, and 6se"" (r- _S v�ze n e..r,1 ,. known to me to be the City Manager and ty C erk for the City of Bozeman and the persons whose names are subscribed to the within ins m nt, 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 seal on the day and year first above written. (SEAL) Notary Public for the State of Mont a ,,:�po��r>,: <,1 VICKI IIc7f_LI►uCT�ly ��•' �p hlot�ry Publi0 Boz rr NOTnRr��.1.:for the State of Montana -u .v1EA1(,•'*= FResiding at: ritana RPrinted N s d ng at Bozema , Montana - ' oF;MoP=\ My mmfsslonoExpires: l September 28, 2022 My Commission Expires: _/ /20 EXHIBIT B A WATER PIPELINE AND ACCESS EASEMENT TO THE CITY OF BOZEMAN IN,THROUGH AND ACROSS LOT 13A-1 OF THE AMENDED PLAT C-23-A29 OF THE NORTHERN PACIFIC ADDITION;SITUATED IN THE NEJ SECTION 7,TOWNSHIP 2 SOUTH,RANGE 6 EAST, PRINCIPAL MERIDIAN,GALLATIN COUNTY,MONTANA. LOT 13,BLOCK 30(BEING 130'x 200')OF THE LOT 13A-2-1 NORTHERN PACIFIC ADDITION AMENDED PLAT C-23-A30 TO THE CITY OF BOZEMAN OF THE NORTHERN INCLUDING PORTIONS OF THE VACATED PACIFIC ADDITION RIGHT-OF-WAY OF CYPRESS AVENUE N (156 FM 1816-1820) io N CO m C it rn of r W r` LOT 13A-1 _M AMENDED PLAT Z C-23-A29 OF THE NORTHERN PACIFIC ADDITION S89°26'51"E 20.00' 0 Cl) N 1 4 W N O I MI O Z Cl) 0 88-34'52"W 20.00 N88-34'52"W 32.73' N88°34'52"W 116.07' E. MAIN STREET P.O.B. SURVEYOR'S CERTIFICATE Commencing at the Southeast Corner of said Lot I Jon C.Wilkinson,Professional Land Surveyor, 13A-1 of The Amended Plat C-23-A29 of the Northern Pacific Addition,thence N.88°34'52"W.a License No.16411LS,do hereby certify that I distance of 32.73 feet to the Point of Beginning; conducted this easement survey. �I thence N.88"34'52"W.a distance of 20.00 feet, Dated this 6�4�day of 2019 —I, thence N.0'33'09"E.a distance of 24.04 feet, thence S.89`26'51"E.a distance of 20.00 feet, thence 5.0'33'09"W.a distance of 24.34 feet to the Jo C.Wilkinson,PL ,16'' >` r Point of Beginning. " MT Reg.#1641��® • Morrison-Maier.$ rr,s• '� 20 c� ''d . j p;�J IN FEET ) `— --2880 Technology Blvd West DRAWN BY: CPK �'I�'''� �� PROJECT NO. Morrison 59 RESI ,{{�N=$bZChV{Fl��} Bozeman,MT 59715 - DSGN.BY: � '.C7; \-��t-\�� 5305.005 M a i e rl e ` 406.587.0721 APPR.BY:— BOZEMAN MONTANA '�'i;!lill ' • FIGURE NUMBER ®engineers surveyors planners Www.m-m.net DATE: 042019 scientists WATER PIPELINE AND ACCESS EASEMENT 7� COPYRIelfrO MORRISONMI,IERL�INC..1018 �-)Y N:\5305\005WCAD\ExhibRs\Easements\FH Easementdwg Platted by kwAn d.Jacobsen on Apr1192019 - - -- --- - EX• T2�) _