HomeMy WebLinkAbout20- Public Utility and Access Easement & Agreement - Great Western Investments -Lot 1, Block 9, Laurel Glen Subdivision Proj 19153 RETURN RECORDED DEED TO:
Bozeman City Clerk
PO Box 1231
Bozeman, MT 59771-1231
2706606
Page: 1 of 5 10/29/2020 02:50:23 PM Fee $35.00
Eric Semerad - Gallatin County, MT MISC
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PUBLIC UTILITY AND ACCESS EASEMENT AND AGREEMENT
Great Western Investments, LLC, a Montana limited liability company, with a mailing address of
15525 Horse Creek Road Bozeman, MT 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 sanitary sewer pipelines and water mains with
the usual services, manholes, connections, accessories and appurtenances for the purpose of
transmitting sanitary sewer and 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 1, Block 9, Laurel Glen Subdivision, Phase 1, City of Bozeman, [Plat J-374], located
in the South Half of Section 4, T. 2 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin
County, Montana.
The easement is more particularly shown and dimensioned on the attached Exhibit A, which by
this reference is made a part of this document.
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, 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 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 sanitary sewer 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 � vs 2020.
GRANTOR: Great Western Investments, LLC
By1TkV/FMONTANA
inesley, Manager
ST )
ss.
County of Gallatin )
�This instrument was signed or acknowledged before me this 'day of uS ,
2020, by Morgan Hinesley as Manager of Great Western Investments, LLC, a Montana limited
liability compacy.
(SEAL)
Notary Public for th tate of Montana SHEILA TINJUM
Printed Name: �.�'-; ►v ro� Notary Public
NOTAR�q�• for the State of Montana
Residing at *AL. = Resyding at:
My Commission Expir
uj.SE Q: Bozeman, Montana
es/ / /20
My commission Expires:
'°°°° "" August 03,2023
r°
DATED this day of , 2020
ACCEPTED - CITY OF BOZEMAN
By: Jeff NpTief4h its tity Manager
ATTEST:
By: Mike Maas, its City Clerk1883
-� -
STATE OF MONTANA ) Co.
)ss.
County of Gallatin,ft )
On this 2eday of , 2020, before me, a Notary Public for the State
of Montana,bersonally 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.
HEATHER EzIENVENUE
NotarY Pub is
�� for the Statt AA, e of Montana
y'• �,�TAaiq�•�,: Resi&nlq at
Notary Public for the State of Montana *' ,LA-J T Bozeman, Montanas
�.� . Cor mission Ex{
ire
Printed Name: '''�pp NOr'�, My January 2u,2022
Residing at
My Commission Expires / /20
LEGEND EXHB/T A
PUBLIC ACCESS AND UTILITY EASEMENT EXHIBIT
PROPERTY BOUNDARY LINE FM -- FM IVI
— E _— FM
SURROUNDING PROPERTY LIN o
s,.5� FM FM �- FM
— EASEMENT LINE M PAR- WA. -Y--- —
411 N Ss
M s —LAUREL _
\ 7 7 PUBLIC ACCESS AND M e 3�2
UTILITY EASEMENT
N.,B -
`� 6 7 4 4 73.41 _ —
13
0 86.39 - - - - -
� � � 115.97 - - - - _ _ - - - - -
LEGAL DESCRIPTION LOT 4
LOT 1, BLOCK 9 LAUREL GLEN SUBDIVISION PHASE 1uo
SEC. 4, T. 2 S., R. 5 E. OF P.M.M., f�°�p`�' / [SO 00'19"W] a �� �
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA n,, �\ 14.34 180 00'19" Qo) oo
AREA OF PUBLIC ACCESS AND // LOT I N � I —
UTILITY EASEMENT = 12,583 Sq. Ft., I II �( 88,944 Sq. Ft. LO CO I 0)0.2889 Ac. II 2.0419 Acres co' i, w I
c0u I s
N [S89'59'33"E]
3 12.50 090'00'27" I I o 0
7 0 o LOT
m °D 249.69 180'00'27"
[SO'00'27"W] I N o 3
�p 0�0 (�O z
0y. PUBLIC A� SS AND UTI I I o z,
Ln
Scale In Feet ,�' EASE �1T �� I _ N
—
50 0 50 276.31 000.00'27"
15 0 15
°o I [NO'00'27"E]
- I
Scale In Meters 7 3 I a
� - I
LOT 2
0V MONT `I" I EXISTING 12.0'
P 9 ^ I I UTILITY EASEMENT (TYP.)
? Q. II II I PER PLAT J-374
I
MARK A. o st Lri - - - - - - - - - - - L — �' f
CHANDLER � - - - - - - - - - - - - - - - - - - - - - - �
o� No. 951 B S G' 382.32-000'00'00"-- —
9
ENGINEER PN�
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190065