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HomeMy WebLinkAbout20- Water Main and Access Easement - VC Development, LLC - Lot 9A of the Amended Plat of Lots 8-9, Block 2, Catron Crossing Subdivision Rpttirn t©. �LAI'T�p Bozeman, MT 0771-1230 2676784 Page: 1 of 6 03/25/2020 03:51:21 PM Fee: $42,00 Eric Semerad - Gallatin County, MT MISC 1111111111111111111111111111111111111111 IN 111111111111111111111111111111111111111111111111 IN IN WATER MAIN AND ACCESS EASEMENT VC DEVELOPMENT LLC,the GRANTOR(S), in consideration of and other good and valuable consideration, receipt of which is acknowledged, grants to CITY OF BOZEMAN, 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 water in, through, and across a strip of land situated in Gallatin County, Montana,thirty(30) feet wide to be located on the following described real property: Lot 9A of the Amended Plat of Lots 8 —9, Block 2, Catron Crossing Subdivision, located in the southeast quarter of Section 26, Township 1 South, Range 5 East, P.M.,M., City of Bozeman, Gallatin County, Montana. The easement is more particularly described on the attached Exhibits A and 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 pipelines, 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 ? day of ��r�� , 2020. GRA R CORPORATE STATE OF MONTANA ) ss. County of Gallatin ) On this�day of F t�-x-6-1��' , 2020, before me the undersigned, a Notary Public for the State of Montana, person lly appeared,� � 3r , known to me to be the Yl' jpyy V� of V C- K)rLg UQ4�RYlt t LAC, 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 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. G1E�ME '9 RACHEL MEGAARD QQ, �pTARGq� .po NOTARY PUBLIC for the (SEAL) * SEAL State of Montana Residing at Bozeman,Montana My Commission Expires x F Mod March 15,2023 Notary Public for the State of Montana �C�C�1 .iU1eg c�rc� (Printed Name) Residing in I )w k (AV\ , AAT My Commission Expires 3 / (S /20''3 ACCEPTED: CIT OF BOZEMAN,(� By k-" � l Interim City Manage ATTEST: I-nterirfi City Clerk STATE OF MONTANA ) ss. County of Gallatin ) On this � day of �wga2020 before me, a Notary Public for the St oIf`Mo tana,personally appeared 5 and h RKP. 14"'CJ , known to me to be the Interim City Manager and Interim-City Clerk for 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 seal on the day and year first above written. (S L) "" HEATHER BIENVENUE Notary Public NOTAR144'.r- for the State of Montana Residing at: AIN ar2"PAIVUltu State of Montana =:.N;.SEAL. Q> Bozeman, Montana 9 •...of Mod, My Commission Expires: January 26,2022 (Printed Name) Residing at Bozeman, Montana My Commission Expires: _/ /20 EXHIBIT A EASEMENT DESCRIPTION A Water Main and Access Easement located on a portion of Lot 9A, Amended Plat of Lots 8 - 9, Block 2, Catron Crossing Subdivision, Document No. , in the Office of the Gallatin County Clerk and Recorder, located in the southeast quarter of Section 26, Township 1 South, Range 5 East, Principal Meridian, Montana, County of Gallatin, State of Montana, being more particularly described as follows: Commencing at the southwest corner of said Lot 9A, said point also being on the northerly right-of-way line of Catamount Street; thence N89°50'21"E along the southerly line of said Lot 9A and said right-of-way line, a distance of 40.00 feet to the Point of Beginning; thence N0048'34"E, 202.45 feet; thence N0051'04"W, 19.13 feet; thence N0009'34"W, 444.94 feet to the northerly line of said Lot 9A; thence EAST along said northerly line, 30.00 feet; thence SO°09'34"E, 182.98 feet; thence N89°50'26"E, 10.00 feet; thence S0009'34"E, 30.00 feet; thence S89050'26"W, 10.00 feet; thence SO°09'34"E, 214.72 feet; thence SO°22'34"E, 41.04 feet; thence S0048'34"W, 197.69 feet to said southerly line and the northerly right-of-way line of Catamount St; thence S89050'21"W along said southerly line and said right-of-way line, 30.00 feet to the Point of Beginning. Containing 20,294 square feet. LIVINGSTON,MT w p 406.222.0104 01.08.2020 TAG REVISION BZNFAC_BIP 1 Cushing Bozeman,Montana Lot 9A of Am.Plat of Lots 8-9,Blk 2,Catron Crossing Sub. Terrell REF SHEET SHEET NAME Water Main & Access Easement BORNEMANN Vol EX. A 1/9/2020 8:29 AM I L:\BZNFAC_BIP\BIMCAD\Survey\BaseFile\BZNFAC_BIPV012-WATER EASEMENT.dwg EXHIBIT B LOT 10 BLOCK 2 CATRON CROSSING SUBDIVISION L3 oD N tb EQ NORTH LOT 2A I o MINOR .SUB 221 C 0 LOT 9A GRAPHIC SCALE L4 AMENDED PLAT 100 0 50 100 200 I J OF LOTS 8 - 9 L6 BLOCK 2 ( IN FEET ) o CATRON 1 inch = 100 ft. CD I r- Z CROSSING I� N SUBDIVISION w 0 I0 U) Line Table Line# Bearing Distance L1 N89°50'21"E 40.00' N L2 N00°51'04"W 19.13' —1 L3 S90°00'00"E 30.00' LOT 3A MINOR SUB 221 C �0 I I Zn LOT 7 L4 N89°50'26"E 10.00' CN BLOCK 2 L5 S00°09'34"E 30.00' W I I CATRON L6 S89°50'26"W 10.00, - CROSSING SUBDIVISION L7 S00°22'34"E 41.04' 00 o I- L8 S89°50'21"W 30.00' Z I I 0 Found Property Corner(Typ.) Point of Commencement L1 L8 (TIE) CATAMOUNT ST Point of Beginning LIVINGSTON,MT w p 406.222.0104 01.08.2020 TAG REVISION BZNFAC_BIP 1 Cushing Bozeman,Montana Terre)I Lot 9A of Am.Plat of Lots 8-9,Blk 2,Catron Crossing Sub. 11E11ED BY REF SHEET SHEET NAME Water Main & Access Easement ® BORNEMANN Vol EX. B 1/9/20208:34AM I L:\BZNFAC_BIP\BIMCAD\Survey\BaseFile\BZNFAC_BIPV012-WATEREASEMENT.dwg