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Home My WebLink About20- Public Utility and Access Easement and Agreement - Blackwood Land Fund, LLC - S 11th Ave parallel RETURN RECORDED DOCUMENT TO: Bozeman City Clerk PO Box 1231 PUJ—FED J / Bozeman, MT 59771-1231 2693985 Page: 1 of 6 08/07/2020 12:00:47 PM Fee: $42.00 Eric Semerad - Gallatin County, MT MISC 11111111 1111111111111 IN 11111111111111111111111111 III 111111111 IN PUBLIC UTILITY AND ACCESS EASEMENT AND AGREEMENT Blackwood Land Fund, LLC, a Delaware limited liability company, of 140 Village Crossing Way, Unit 3B, Bozeman, Montana 59715, the GRANTOR, in consideration of one dollar and other good and valuable consideration, receipt of which is acknowledged, does hereby grant to City of Bozeman, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal Corporation of the State of Montana, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain water mains with the usual services, connections, accessories, and appurtenances for the purpose of transmitting water in, through and across a strip of land 30 feet wide situated in Gallatin County, Montana, to be located on the following described real property: The South Half of the Southwest Quarter of Section 24 and the North Half of the North Half of the Northwest Quarter of Section 25, all in T. 2 S., R. 5 E. of P.M.M., Gallatin County, Montana, Excepting therefrom that portion conveyed to the State of Montana in Bargain and Sale Deed, recorded November 5, 1963 in Book 144 of Deeds, Page 148. The easement is more particularly shown and dimensioned on the attached 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 pipelines and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipelines, manholes, 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 pipelines; (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 pipelines 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 pipelines 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 an easement on 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 , 2020. GRANTOR: Blackwood Land Fund, LLC, a Delaware Limited Liability Company By: Blackwood Management, LLC, a Delaware Limited Liability Company, its Manager By: Grant W.J. Syth, its Manager STATE OF MONTANA ) ) ss. County of Gallatin ) D This instrument was signed or acknowledged before me this day of 2020, by Grant W.J. Syth as Manager of Blackwood Management, LLC, a Delaware limited liability company, as Manager of Blackwood Land Fund, LLC, a Delaware Limited Liability Company. (SEAL) Not Public for the State of Montana "°""'T, SHEILA TINJUM ,� \� N�li'' Notary Public Printed Name: `y ao?ARiq�� for the State of Montana Residing at Bozeman, *: *= Res'�i Montana SEAL.e My Commission Expires / /20 %9 •.... ccP?,�' My Commission Expires: August 03,2023 DATED this t> l day of 32020. GRANTOR: BLACKWOOD LAND FUND, LLC, a Delaware limited liability company By: Catrock Development, LLC, a Delaware limited liability company, its Member By: Randolp P. Scully, its Sole Menher STATE OF MONTANA ) ) ss. County of Gallatin ) 0 This instrument was signed or acknowledged before me this day of ct-4A- , 2020, by Randolph P. Scully as sole member of Catrock Development, LLC, a Delaware limited liability company, as Member of Blackwood Land Fund, LLC, a Delaware Limited Liability Company. (SEAL) °,; SHEILA TIN.IU,/1� Notary Public for the State of Montana Tu,,,,G,, Notary Public Printed Name: :,�oTAR1q�: _for the State of Mon Lana at Residing at: Residing ,5:.SEAL Q; Sozemarl, Montana My Commission Expires / =120 2V '�oF' v, MyCommissi!.4,Expires: August 0:,. :`?3 DATED this day of V�e- , 20 PLO. ACCEPTED - CITY OF BOZEMAN 'Q.-V�-Im L (signature) By: , its City Manager �0Z.8 ATTEST: B , its Ci Clerk r * • `'' ;� �' �`�' y: M,KE M& ty STATE OF MONTANA ) LLATIN CO )ss. County of Gallatin ) On this day of 20_, before me, a Notary Public for the State of Montana, personally appeared j Mj Q,� and M p At MLVI 4 , known to me to be the City Manager and City Clerk, respectively, of 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 Notarial Seal the day and year first above written. HEATHER BIENVENUE 1 A" Notary Public w'\')TAR144 r->_for the State of Montana iotary Public fdi the State of ontana -'- m- Residing at: :N�• .EAL Bozeman, Montana Printed Name: _' '��.'•••'�P' My Commission Expires: Residing at ,F M�` January 26,2022 My Commission Expires / /20 LEGEND PROPERTY BOUNDARY LINE SURROUNDING PROPERTY LINE EASEMENT LINE PUBLIC UTILITY AND ACCESS EASEMENTyz� > I I I I Iw I AREA OF EASEMENT: 17,215 Sq. Ft. 0.3952 Ac I � �� xo L _¢ C-S 1/16 COR., BASIS FOR AZIMUTHS FROM NORTH: GPS SEC. 24 FOUND OBSERVATIONS ON MODIFIED STATE PLANE GRID. -T `To7S Z' � c F F- SANDSTONE [N45'00'00"E] BEARING COMPUTED FROM AZIMUTH SHOWN. I_�I N CAMBRID�RIVE (eon RO.W.) _ I FOUND 5/8" REBAR W/ BRASS CAP (SWART) .Az.[S209'23'44"W] / 0=5.40'13" R=645.00 M L=63.83 WIDE N EMENT / �o N M fn cp O M Oy Scale In Feet / / V) 300 0 300 / N / N p N 90 0 90 uoh Q r Z J Scale In Meters PROPOSED 30' c N PUBLIC UTILITY AND U ACCESS EASEMENT I089'54'43" 089'54'43" 277.40 243.38 45.00 S�P�OF MONT,��q 30 01 08s•54'43" 25 45.00 I [N89'54'43"E] a I o MARK A. 1/4 COR o FOUND 5/8" REBAR W/ 3.25" m CHANDLER j I ALUMINUM CAP (STATE OF MT) (/) SEE CCR, SK 4, P. 434, ,i NO. 9518ES DOC, NO, 2479354 LO ER 40 S � m Engineering and Surveying Inc. i 1091 Stoneridge Drive•Bozeman,MT 59718 Phone(408)587-1115•Fax(406)587-9768 www.chengineers.com•info@chengineers.com Sheet 1 Of 1 #190390