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HomeMy WebLinkAbout20- Public Utility and Acces Easement and Agreement - Glen Haven - Mountain Vista Housing Complex Site Plan 19460 RETURN RECORDED DOCUMENT TO: Bozeman City Clerk PO Box 1231 PLATTED 4k Bozeman, MT 59771-1231 2716621 Page: 1 of 5 01/14/2021 04 15:07 PM Fee:M$35 00 Eric Semerad - Gallatin County, MT IIIIIII IIIIII III EI IIIIIII 1111t IN 31 IIE Ilill 1EI IIIIIII III IIIII IIIII IIIII IIII IN PUBLIC UTILITY AND ACCESS EASEMENT AND AGREEMENT Glen Haven Properties, Inc., a Montana corporation, with a mailing address of 1516 W. Babcock St., Suite 1, 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, of 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: The tract of land described in Document No. 2046120, EXCEPT that part thereof conveyed to the City of Bozeman in Document No. 2190840, all on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the NE 1/4 of the SW 1/4 of Section 11, 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 and water mains, 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 hereby releases the GRANTEE from having to repair or replace any sidewalks or concrete flatwork in the event of any necessary maintenance, repairs or replacement of the water or sanitary sewer systems. (5) 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. (6) 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 lc/o ve AK er , 2020. GRANTOR: Glen Haven Pr erties, Inc., a Montana corporation zo L�rfy A. Witt, pfesicrent STATE OF MONTANA ) ) ss. County of Gallatin ) This instrument was signed or acknowledged before me this 12 day of 2020, by Larry A. Witt as President of Glen Haven Properties, Inc., a Montana corporation. (SEAL) dDEE ANN DORf,iER QJ-"-CLI / ' �� ',, Notary Public Notary Public for the State of Montana _o , Aa qC`w=for the State of Montan Printed Name: > n j�JUI'WW _*: —— *= Residing at: G SEAL.�Q, Bozeman, Montana Residing at dYI i S9 T(p �OF.t�O ?, My Commission Exr it May 01, zo2z My Commission Expires J 5 / O 1 /20 20 DATED this day of , 2020. ACCEPTED - CITY OF BOZEMAN By: Jeff ffihoAi, its City ManagerLIU, ATTEST:4L V4� •'°� " By: Mike Maas, its City Clerk t9�r.1g83 .-�e►` CO STATE OF MONTANA ) )ss. County of Gallatin ) On this day of —Deca-sn 6&L , 2020, 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) VIQK I PQLLINQTON ;'\Va ' 0 Notary public Notary Public for the State Montana _ NOTAR,y�.x for the state of Montana Printed Name: Residing at: SEAL.-T Bozeman, Montana Residing at OF-. My commission Expires: My Commission EXpires / /20_ September 28,2022 EXHIBIT A 30' PUBLIC UTILITY AND ACCESS EASEMENT LOCATED IN THE SW 114, SECTION 11, T. 2 S, R. 5 E. OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA OF MOt� L.q — 191..00 R&M -- MARK A. o cloF 270'50'03"— _._ o CHANDLER 2149t73 O [[NW09-5.1-wy v No..95 ES r I 1.4 EOT 104.60 R&M 30.00 130.57 E �CENS Q� CORNER, 182'07'42" _ j; TRACT ,S2'07'42-W] R&M (re) I TRACT OF LAND ^ O O 00 DESCRIBED IN O O / DOC. NO. 2537433 d'I U) to I ItI( PLAT 2138995 O O O 00 00 r- 110.00 R&M 270'50'03" J [N89'09'57"W] R&M 126.00' _ j1 I 9 1.0-0'L 090'S0'03" 090'50'0 3" \I / 8I 0'50'0\3$" 30.00 000'50'03" 270'50'03 270'50'03/ 91.00'26.00'30.00'—...... 30.0' LO ;Lto U Yto w TR CT ND / A �EwSCR BED IN . ►o _� OW to � N- . LU4b IL oO N O '° , C � � N� r F L � 4-a46 Acre OMuN4 m�00p O O _Cl • , J 126.30' 88 07' 180 50 03 �30.00' N 000'50'03" 270'50'03" '090'50'03" 270'50'03" 179.07' -- LOT 45 00.50^,03-�' ' - -270'50'03" 45.30' 9.00' i 000'50'03" 270'50'03"- — -- 9.00' LOT 46 20.00' I I / LOT 46 LOT 49 I _ TOTAL AREA OF EASEMENT = 22,338 SF LOT so \ � LEGEND C PUBLIC UTILITY AND ACCESS EASEMENT 1E:1 PROPERTY Scale In Feet BOUNDARY LINE 60 0 60 SURROUNDING Engineering and Surveying Inc. PROPERTY LINE 1091 Stoneridge Drive•Bozeman, MT 59718 — — EASEMENT LINE Phone[406)587-1115•Fax(406)587-9768 18 0 18 (R) RECORDED www.chengineers.com•info@chengineers.com Sheet I Of I Scale In Meters (M) MEASURED 18033