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HomeMy WebLinkAbout20- Water Pipeline and Public Access Easement and Agreement - Billings Clinic - Billings Clinic Master Site Plan Project Aeturn to: City of Bozeman City 0i;.rk PO BOY, 121 SW@nrui 4, MT 59771-1230 After Recording, rn To: City of Boze 121 Rous ve. Boze MT 59715 2716629 rced tOnt16T7PM Fee! $ ©© Ei Semra — Gallatin County) MISC I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII WATER PIPELINE AND PUBLIC ACCESS ASEMENT AND AGREEMENT Billings Clinic, a Montana Nonprofit Corporation, P.O. Box 37000, Billings MT 59107, GRANTOR, in consideration of$1.00 and for other valuable consideration, receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana, 59715, GRANTEE, its successors and assigns, a perpetual non-exclusive utility easement to lay, construct and maintain water pipelines with the usual services,valves, connections, accessories and appurtenances for the purpose of transmitting said services, and a public access easement for a multi-use path for the use of the public 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 2A-1 of Minor Subdivision 221F, according to the official plat on file in the office of the clerk and recorder of Gallatin County, Montana, under Document No. 2674267. This easement is more particularly described 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 pipeline(s), 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 topsoil for replacement over the trench. It will remove P:15063_02\Lega1\Wtr&sdwk Easement.docx 1 11/25/20 mdb/bc 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. As it pertains to the public access easement for a multi-use path,the GRANTOR(S) agrees: (1) To construct and maintain the multi-use path at their own expense in accordance with relevant City Ordinances, including,but not limited to, snow removal and all major and minor repair work. (2) To allow the City to make any and all inspections of the multi-use path and land appurtenant thereto as the City reasonably deems necessary. 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. The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR, subject to GRANTOR's right to utilize the easement area and to grant easement and use rights to others to the extent such uses and rights do not unreasonably interfere with GRANTEE's use of the easement as set forth herein. The terms, covenants, and provisions of these easements shall extend to and be binding upon the heirs, executors, administrators,personal representatives, successors, and assigns of the parties hereto. Any person or entity utilizing the rights granted pursuant to this Easement agrees, by utilizing such rights,to be bound by the terms hereof and agrees to utilize the easement area in accordance with this Easement. DATED thisda day of 1)2ce.,�6ei' , 20 P:15063_02\Lega1\Wtr&sdwk Easement.docx 2 11/25/20 mdb/bc GRANTOR: BILLINGS CLINIC, A MONTATfiA NONPROFIT CORP ION By: Title: STATE OF MONTANA ) l/''I :ss County of "I I UJAII-e ) On this day of D a�2/>►'I i e-y , 20 26', before me the undersigned, allotary Public for the State of ontana,personally appeared Y1� l C�/�,���(I , known to me to be the ' t(- of Billings Clinic, a Montana Nonprofit Corporation, and the person whose nark is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Billings Clinic. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. P Y CF BRITTANY CECIL Notary;Public for fhe State of Montana a01ARiq'icc NOTARY PUBLIC for the SEAL na State of Monta m Residi ng at Billings,Monta • 'f�•, �� My Commission Expires 71F 110 � April 06,2021 P:15063_02\Lega1\Pvt UN 1 asement.docs 3 11/25/20 mdb/bc ACCEPTED: CITY OF BOZEMAN By: i anager : .� �� � ATTEST: City Clerk `t•` ---- _-- =�� STATE OF MONTANA :ss County of Gallatin ) 14- On this day of , 202&, 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. EAT HER BIENVENUE aC ..... Notary Public . F•,,> pT: for the stale of Montana z - (SEAL) Rc•siaing ai: Notary Public for the State of Montana SEA', Bozeman, Montana q My Commission Expires: January 26,2022 P:15063_02\Lega1\Wtr&sdwk> asement.docs 4 11/25/20 mdb/bc EXHIBIT A WATER PIPELINE & PUBLIC ACCESS EASEMENT AND AGREEMENT WITHIN LOT 2A-1 OF MINOR SUB. 221 F PREPARED FOR BILLINGS CLINIC OCTOBER, 2020 PREPARED BY SANDERSON STEWART BOZEMAN, MONTANA UIRATJED N89'40'13'E 50.23' TI M MAW Rp NORTH SCALE:1-=200' �4• �9?,r. 1 30' WIDE PUBLIC UTILITY EASEMENT S3670'36'W 30.00' / �pia / ,�{ / EXISTING / ADE UTILITY E \ EASEMENT \ �—PUBUC STREET do N, UTIUTY EASEMENT i Nl9UA9= NlA Y t \ \ I I � I I \N'. �� -+- - - I I � I � � IIISTREET --�- - - UTUIUTY SEAASEMENT I I I I I I oNTAN � q MICHAEL DEAN 70 BERTRAM o - �n� Di011a5y alo-d Ey Michael Ddyn Boman DN:.O-US. Michael D Bertram E•mhenram@eande¢ormlewan.00m. O-Sandoman Slo Ma CN-Michaol _ Dean Bonmm-` '-Dm:2020.1=09:38:53-0700' 15063_02_EASEMENT_BASE.DM 15N&02 10/28/20 MDB