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Home My WebLink About20- Public Utlity Easement - Dallas Financial for Westland Lofts Sight Plan Baxter Meadows Subdivision RETURN RECORDED DEED TO: PLATTED Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231 2711985 Page: 1 of 5 12/10/2020 02:55:08 PM Fee: $35 00 Eric Semerad - Gallatin County, MT MISC 1 I I I I I I 11111111111111111111111111111111 IN 11111111111111111111111111111111111111111111111111111 PUBLIC UTILITY EASEMENT Dallas Financial LLC, a Nevada Limited Liability Company, of P.O. Box 12009, Bozeman, MT 59719, 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 situated in Gallatin County, Montana, 30 feet wide to be located on the following described real property: Lot 5, Block 14, Baxter Meadows Subdivision, Phase 6, City of Bozeman, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana and located in the SE 1/4 of Section 34, T. 1 S., R. 5 E. of P.M.M.. 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 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 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 V Y,P/`� , 2020. GRANTOR: Dallas Financial, LLC, a Nevada Limited Liability Company By: Western Montana Realty, Inc., its Managing Member By: Steve McGough, Presi ent STATE OF MONTANA ) ss. County of Gallatin ) This instrument was signed or acknowledged before me this day of , 2020, by Steve McGough as President of Western Montana Realty, Inc., Managing Member of Dallas Financial, LLC, a Nevada Limited Liability Company. —(SEAL) SHEILA TINJUM Notary Public Notary Public for the State of Montana J :�oTAR,,g4. :tor the State of Montana *` Resydine at: Printed Name: tN.SE2 Q_ Bozeman, Montana Pam\,, Residing at �`9oF Mo „ My Commission Expires: ��:�+++"` My Commission Expires / /20 August 03,2023 DATED this day of ACCEPTED - CITY OF BOZEMAN I&L6 d— By:61f i elich its City Manager f ATTEST: polfnl °o� By: Mike Maas, its City Clerk r STATE OF MONTANA ) )ss. County of Gallatin n ) On this day of J�t%�i 'dt , 202V before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, 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. (SEAL) HEATHER BIENVENUE Notary Public 'NpTARLq<?m_for the state of Montana Notary Public for the State of Montana '* - * Printed Name: Bozeman, Montana= Redding at: =N SEAL.Q.' '� Q ' My Ex Residing at ' OF,Mo,,',, Tres: January Commission Expires: My Commission Expires / /20 LEGEND rS$�o1 — — — EXHBT A \ \ sq C 94. 23"W] PUBLIC U77U Y EASEMENT FOR WATER MAAV 13 188'01'23" Sv �� PROPERTY BOUNDARY LINE T _ _ y� e o/,, SURROUNDING PROPERTY LINE I — I (PUBLIC ACCESS) \ �vy'S� a/�/s Yv�' — EASEMENT LINE 04/ I Aq SNOOD [SO'51'17"W] \ �� "'340 \\ � PUBLIC UTILITY EASEMENT I z 144.46 180'51'17" \� I 10.0 STREET — — — --25 0 2•�2 6'p0, LIGHTING TRAIL MAINTENANCE �1 159 AREA OF EASEMENT: 10,018 Sq. Ft. ELECTRICAL 10.0' UTILITY EASEMENT PER PLAT LEGAL DESCRIPTION ( EASEMENT EASEMENT PER PLAT I LOT 5, BLOCK 14, BAXTER MEADOWS w SUBDIVISION, PHASE 6 [Plat J-466] I \ SEC. 34, T. 1 S., R. 5 E. OF P.M.M., ch Q ;n LOT 5 63,090 Sq. Ft. CITY OF BOZEMAN, I w o 1.4483 Acres rn GALLATIN COUNTY, MONTANA o r BASIS FOR AZIMUTHS FROM NORTH : GPS I m Co4 w 090'50'56" 270'50'56" Y OBSERVATIONS ON MODIFIED STATE PLANE w � 180'50'56' GRID. ROTATE AZIMUTHS SHOWN 1'09'20" CCW c� 16.00' —��16.00' ® a TO OBTAIN PLATTED AZIMUTHS AND BEARINGS. I 30.00' — 180'S0'56" � 180'50'56" .�� \76.96' \93.50' 0 °�° \ N O a ( LOT 6 h \\\ O 0) �� • OD�� Scale In Feet \ ; `O 180`50'5E� \ I C u 50 0 50 I I I:� >�� 158.03' �I� 0 �\ �I��. �� o 0 15 0 15 I o I 090*50'56" o I o � N Scale In Meters 3 o �\�37.96' ,� o co10 cD 0 170.13 30.Q�, 33�:Q0. 55.99 3 ��PEOF MONTgNq — 296.20 000'51'17" M [NO'51'17"E] 7lQ'Q� MARK A. o O CHANDLER � A I 1 A��.ATN TIAI m — — n -GREEN--BO RD No. 9518ES A� E) 0�9 E14S�� (FN��NEER PN 60' Q' q IMBERWICKE LOT 5 \OT 6 LOT 7 LOT 8 LOT 9 UBLIC I LOT 10 LOCK PARK D Sheet I of I STREET I 171281(EA)