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Home My WebLink About20- Water Pipeline and Access Easement and Agreement - Saccoccia Lands II LLC - Lot 2A of Saccoccia Minor Subdivision 407C PLA77�1� ,, Roturn to: City of Bozeman City Clerk PO Box 1230 2676778 Bozeman, MT 59771-1230 Page: 1 of 5 03/25/2020 03 51:21 PM Fee $35.00 Eric Semerad - Gallatin County, MT MISC 111111 111111 III 1111111111I IIIII IN 1111�111111111111111111111 III 111111111111111 IT IN WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Saccoccia Lands II LLC, the GRANTOR(S), in consideration of one dollar and other good and valuable consideration, receipt of which is acknowledged, grant(s) to City o 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, ( 30 ) feet wide to be located on the following described real property: LEGAL DESCRIPTION FOR A 30 FOOT WIDE UTILITY EASEMENY ACROSS LOT 2A OF SACCOCCIA MINOR SUBDIVISION 407C, SITUATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. A tract of land being a portion of Lots 2A of Saccoccia Minor Subdivision, situated in the northwest one quarter of section 1, Township 2 South, Range 5 East, Principal Meridian, city of Bozeman, Gallatin county, Montana, and being further described as follows: Commencing at a point being the Southeast Corner of Lot 2A, Township 2 South, Range 5 East as described in Minor Subdivision 407C, filed at the Gallatin County Clerk and Recorder's Office; which bears S87°02'06"E a distance of 97.83 feet from the true Point of Beginning, thence N87°02'06"W a distance of 30.00 feet; thence N2°56'59"E a distance of 56.40 feet; thence S87°00'45"E a distance of 30.00 feet; thence S2°56'45"W a distance of 26.38 feet, thence S87°02'51"E a distance of 633.53 feet; thence S2°57'21"W a distance of 182.08 feet to the Point of Beginning. Said tract contains 0.58 acres, more or less, and is subject to all existing easements. 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, 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� , 20 Zo K�:::) GRANT Saccoccia Lands II LLC STATE OF MONTANA ) ss. County of Gallatin ) On this 6%" day of rebrt�r�. , 20 Zu , before me the undersigned, a Notary Public for the State of Montana, personally appeared, �� known to me to be the (nona,.;Or, qVAbgr of 6 ur o �& As TL LL•C and the person whose name is bscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of lb=a w �ls -Z IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. M E (SEAL) -�:`jOTF -itana ��P^^.E�c " CYNTNIcA ry PDGMOND *' S�' ��.'� ublic OTARrq�2"_for the State of Montana '5�. ntana =0: o- -,9 —'— *= Residing at: i Expires: .SEAL.-Q= Bozeman, Montana �< - - -�� ? My Commission Expires: Not Public for the State of Montana °F MO,>' December 08, 2020 (Printed Name) Residing in My Commission Expires iA _/ 09 120Zo ACCEPTED: CITY OF BOZEMAN By eArni3 M• IA.yIeC ? �A ,w, City Manager ATTEST: M► �P City Clerk STATE OF MONTANA ) ss. County of Gallatin ) On this �`�'� day of �,ACQ- , 2 before me, a Notary Public for the � U�MR State of Montana, personally appeared DENNIS TAYLOR and RQ'�''`T ru nt rru� own to me ` to be the City Manager and 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. (SEAL) 1 l/ Notary Public for the Stat f ntana VICKI POLLINOTON �y?P' Notary Pubtio (Printed Name) JOI NOTARt.1 for the State of Montana Residing at Bozem Montana * * Residing at: g u�.SEAL.- Bozeman, Montana My Commission xpires: _/ /20 9 � My Commission Expires: °jmuunma' Septemtw28,2022 a EXHIBIT B SHOWING A 30'-WIDE UTILITY EASEMENT ACROSS LOT 2A OF SACCOCCIA MINOR SUBDIVISION 407C, SITUATED IN THE NW1/4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA I - _ --.._--. -_ -�-�-------�------_- __-_----- —I —_FJf_BS B2n5.0'WID BE=BUILDIBNG& _ � -- ---5- . COMMON _OPEN R _ -- ---- -- SPACE --- --- _ `--- -----�— pss-- •�__-_ ex6s - --_._.-.---.--_ _ (— _ ---_— — ---------- B \ IE4 Y+• 10.0 PUE_ •I I j I I ---.—_-----_ Io 1—_— -----�-- J ——— I a I ;�■ � I � , --------- � I— II r- z, - �j '' I`. m �'• -------j I - \® ,.62 30.0'STORMW ATERJ EASEMENT PER MINOR 87°00'45"E 30.00' PROPOSED HOTEL SUB.407 I i I� - ------------ ; '� � � I ■ � HOME II — — -- -- ----------- �L ,B JIM] s J" 10 0'PUE — I I J I I I I 4 T-- �S2°5645"W26.38' I-----I I P ■ I- j I I 1 �I r LOT 2A I — mll I ----- S87°02'51"E 633.53' -----__ cortRe � u.n'ot o Inlj w i—c —_ I ' cvl w w— w --------.--_ — �I1'�� w w ---- ------- i I 111 w W t� ---�•--�. �I I ml-------------------- — I W-- w w w W W ----------------1 I I �� ----- ---- -- w-------w�� I 1 I I I; I� � I N87°02'51°W633.53' I II I I 30' UTILITY I 1 I 3 I I I j �j im EASEMENT j II I I 8"WATER MAIN I I I F li II I I I II pi . I / l y l i it j EASEMENT AREA I I i 25,259.82 SF(0.58 AC) Ion I I Ili I NIJj II I I it it I �I - LI� it i I I I I I PROPERTY I BOUNDARY 3 I I i I I 10.0'PUE EXISTING 10" WATER MAIN ------ ------- -- �.-- —- -- —- —---- -—— -- N87°02'06"W 30.00' I I I I I I (00 ----------- # ----- ---------- -- w --- 7°02'06 97.831 w w w - 10.0'PU a------ POINT OF BEGINNING E I gu ----- --- -----------------------w w W 1:- Exsb m Morrison O 1 Engineering Place DRAWN BY: CMS PROJECT NO. Helena,MT 59602 HOME 2 HOTEL 2605.026 DSGN.BY: BOZEMAN MONTANA M a i e r l e 406.442.3050 APPR BY: FIGURE NUMBER www.m-m.net DATE: 122019 engineers.surveyors•planners-scientists P:C.2e30 WATER LINE EASEMENT EX B LOPVR�CHrO NORFISOn-UA�EfiLE N:126051028-Home 2\ACAD1Exhibits\Easemenh2605028 Water Easement-EX B.dwg Plotted by celine saucier on Jan/82020