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Home My WebLink About20- Sewer and Water Pipeline and Access Easement and Agreement - Seven OX Seven, LLC - Lot 1 Block 25 Flanders Mill Subdivision Phase 7 �.J Return to: City of Bozeman City Clerk's Office PO Box 1230 i pL/aTTE� Bozeman MT 59771-1230 2699576 Page: 1 of 5 09/11/2020 01:39:43 PM Fee: $35.00 Eric Semerad - Gallatin County, MT MISc I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII II II IIIIIII III IIIII IIIII IIIII IIII IIII SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Seven OX Seven LLC, the GRANTOR(S), 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 8621f (sewer) and 1,258 1f(water) pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting 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 1 Block 25 Flanders Mill Subdivision Phase 7 located in the E '/2 of the W '/2 of Section 3, Township 2 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County Montana. The easement is more particularly shown on the attached EXHIBIT A -PUBLIC SEWER AND WATER PIPELINE AND ACCESS EASEMENT 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 (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 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 Flanders Mill Apts Sewer and Water Pipeline&Access Easement Page 1 of 3 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 <,i , 2020. GRANTOR- Seven OX S n LLC By: its: MOpkF924— STATE OF 4 01A_ IkA ) )ss. County of __ALC,4 T ) On this i ! day of ,L. , 2020, before me the undersigned, a Notary Public for the State of Montana, personalty appeared , known to me to be "; l:_ ;, ;��, , of`.�c' -,1 C�C `��' -�� c r 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 Seven OX Seven LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. CHRIS BUDESKI (Printed Name) c—U (Zls `,.Q�S.•,D�cs'' Notary Public No�nRiqcj 4 =_for�E �e of Montana Notary Public for the State of o -r AA Residing at: SEAL.=Q\:97 Bozeman, Montana Residing at Bd2 eou' ia4_c'1A_rh •CC9. , Mo .° Novem My Commission Expires: I ber 26,2023 ? My Commission Expires k(vim. z 3. o 4-3 Flanders Mill Apts Sewer and Water Pipeline&Access Easement Page 2 of 3 GRANTOR- Seven OX Seven LLC By: 4'<�— & � its: STATE OF (41-iq ) )ss. County of C 0kc (k— ) On this—_day of J w� , 2020ybefore me the undersigned, a Notary Public for the State of Montana, personal appeared 554' e-A K5c , known to me to be 0 e,vT 15e-k, of vG)U O y u c.ce-.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 Seven OX Seven LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notafial Seal the day and year first above written. B� CHRIS BUDESKI -- --- — -- �S s Notary Public Printed Name Cj�oTnRiq�. for the State of Montana -- * (SEAF61ding at: Notary Public for the State of oh T , SE Bozeman,Bozeman, Montana. My Commission Expires: b Residing at ��pOF November 26,2023 My Commission Expires N-av, 26 . 20 Z-.� Flanders Mill Apts Sewer and Water Pipeline&Access Easement Page 3 of 3 ACCEPTED: CI O O by _ C ager ATTEST: City Clerk ,' oivT... �P STATE OF MONTANA ) )ss. County of Gallatin ) On this day of 201-8, before me, a Notary Public for the State of Montana, personally appeared and 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. U"— Notary Public for the State f Montana (SEAL) (Printed Name) VICK Q INCfi`ON Residing at `��`Q4LI.�H�fQ�. Notary Pu41ic N:aoTAR1'4 ,2 for the State of Montana My Commission Aires /20 -- = Residing at: _.SEAL. *e Bozeman, Montana My Commission Expires: September 28,2022 Flanders Mill Apts Sewer and Water Pipeline&Access Easement Page 3 of 3 EASEMENT EXHIBIT "A" GRANT OF PUBLIC UTILITY EASEMENTACROSS LOT 1 OF BLOCK 25 OF THE FLANDERS MILL SUBDIVISION PHASE 7 LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 3 TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA S 89°03'56"E 369.10' A: 122.41' N00°50'45"E - CO �. - . - . - ,214.17'_ . - . - A:36°54'49" CB: S 28*46'11"E CH: 120.30' A: 127.15' R:250.00' A:29°08'28" / CB: S 61°47'27"E CH: 125.79' R: 521.00' `� \ A:39'13'40" CB:N 18'41'00"W CH: 349.78' ` � ` I \� o D co LINE TABLE �23b \` I LINE BEARING DISTANCE L21 I L1 S 89°03'56" E 30.00' 1 L2 S 00°55'49" W 6.61' I I J A: 136.60' L3 S 17°01'25" E 137.71' o f I R:411.00' L4 S 30°00'00" E 209.77' i A: 19°02'33" L5 S 00°00'00"W 92.57' b b CB: S 02°58'59"E L6 S 09°34'22"W 75.25' / 1 CH: 135.97' / L7 S 00007'57" E 349.64' L8 S 45°03'43" E 6.93' L9 N 89053'09" E 18.58' i BLOCK 25 S 00°01'17"W 11.06' L10 L11 N 89°52'53" E 176.83' ! 4 LOT 1 L12 N 44052'53" E 42.47' I I 1 L13 N 90°00'00" E 84.64' I I L14 N 90000'00"W 76.99' i i UTILITY L15 S 44052'53"W 42.43' i I EASEMENT L16 S 89052'53"W 209.22' o PER PLAT J-652 52 1 L17 N 45°03'43" W 47.40' g L18 N 00007'57" W 364.59' I I U, L19 N 09°34'22" E 75.29' L20 N 00°00'08"W 70.35' I I w N L21 S 89059'52"W 7.27' N I IN, w co L22 N 30000'00"W 15.77' o f i'' m L23 N 60°00'00" E 12.13' I I L24 N 30°00'00"W 195.83' i j L13 0 L25 N 17001'25"W 145.86' L26 N 00°55'47" E 11.36' i i �' L14 I I �h �------`-- N A:58.78' 1 _n N TA I I �� ,, R:351.00' •_nO N'9 0 I 1 _Cr A:9°35'42" 1 �,er I I CB: S 07°47'14"E ORBERT i i DETAIL 1 CH:58.71' I I N 1 CK5 S i I o tip---L13-_ � ! -4- L11 �i�SEE DETAIL 1 � Q 8 �J----------------{I ----- -- i C E N S� !��\ L16 �i/S 89°52'04"W ----------------------4 94.12'TO W.0 S 89°51'13"W S 00°27'56"W 26.83' 99,12' SURVEYOR'S CERTIFICATION 397.42' 2"NWE 5'W.C. PER ALUM. CAP DOC#2675080 I, certify that this exhibit was prepared by me or under my LEGEND supervision on July 17th, 2020, and that the information shown is true and correct to the best of my knowledge. Property Boundary Line N Existing Utility Easement ---------- New Public Utility Easement _____ _ !__ __ �/�4/1� • Found C&H YPC Unless Noted Norbert Hackl, PLS Date o Calculated Position Montana License No. 14535 LS DRAWN BY: 20 AL121IVE 2075 Charlotte Street0100BASIS OF BEARING DATE: 07/16/2020 Suite 1Plat J-652 PROJECT NO. 064-127 Bozeman,MT 59718 IIVG 6. 586.5599 Office Scale 1"=100' FILE NAME: FM EASEMENT EIn1G11VEEFt11VG wwwalpinesurveying.net