HomeMy WebLinkAbout21- Sewer & Water Pipeline & Access Easement & Agreement - Cottonwood Project, LLC - Cottonwood Subdivision A Return to:
City of Bozeman PLATTED - 2731876
City Clerk Page: 1 of 6 04/30/2021 01:48:25 PM Fee: $42.00
PO Box 1230 Eric Semerad - Gallatin County; MT MISC
8ozeman, NIT 59771-1230 11111111IIII111111111111111111IIIIIN111IIIIIIIIII111111111111111111111111111111111111111
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Cottonwood Project, LLC - 3112 LOS FELIZ BLVD, LOS ANGELES, CA 90039-
1507, the GRANTOR, in consideration of$1.00 and other good and valuable consideration,
receipt of which is acknowledged, grant(s) to The City of Bozeman, a Municipal Corporation of
the State of Montana, with offices at 121 N Rouse Avenue in Bozeman, Montana ,59715,
GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sewer
and water pipelines with the usual services, valves, connections, accessories and appurtenances
for the purpose of transmitting said services 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 and 2, Block 3 and Open Space Lot 1, Block 3 of The Cottonwood
Subdivision, according to the official plat on file in the office of the clerk and recorder of
Gallatin County, Montana, under Document No. Za 6 s C3`S
The easement is more particularly described on the attached Exhibit(s) A and B which by
this reference are 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 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 10^ day of M ckf C In , 20 21 .
GRANTOR: Cottonwood Project, LLC
BY:
TITLE: PLOW
,-b
STATE OF
ss.
County of atin �,� )
On this It"" day of MGr �A , 20 ?-t , before me the undersigned, a
Notary Public for the State of�, personally appeared, uk " l y Nor- ,
known to me to be the RAO Mallo' V of
� �pkFec� wind pw1(ck>
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 CA J�to N 1Nud Q1P Cti L1,G
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
MARGARET HUNT
Notary Public-State of Idaho
(SEAL) Commission Number 20192069
My Commission Expires Oct 4, 2025
Notary Public for the State of Montana
KfAf NA
(Printed Name)
Residing in
My Commission Expires k0 /_ �% /2025
ACCEPTED:
CITY OF BOZEMAN
'��)4
By
Ci ger
ATTEST: y �7 oo
eel
City Clerk
STATE OF MONTANA )
) ss.
County of Gallatin )
On this { day of 1, , 2021, before me, a Notary Public for
the State of Montana,personally ap eared JEFF MIHELICH and MIKE MAAS, known to me to
be the City Manager and City Clerk for 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 seal on the day
and year first above written.
(S L)
siloomm "V" HEATHER BIENVENUE
otary Public for the State of Montana 'Q�EA B' -
Notary Public
'z:apTnR q��.m"s for the State of Montana
*. —— * Residing at:
SEAL Bozeman,Bozeman, Montana
(Printed Name) =° ?>' My Commission Expires:
OF M�
Residing at Bozeman, Montana January 26, 2022
My Commission Expires: _/ /20
EXHIBIT A
EASEMENT DESCRIPTION
A Water and Sewer Pipeline and Access Easement located on portions of Lots 1 and 2, and Open Space
Lot 1, Block 3, Cottonwood Subdivision Phase 1 &2, Document No.24. ,305, in the Office of the
Gallatin County Clerk and Recorder, located in the northwest quarter of Section 15, Township 2 South,
Range 5 East, Principal Meridian, Montana, City of Bozeman, County of Gallatin, State of Montana, being
more particularly described as follows.-
Commencing at the northeast corner of said Lot 1, thence S89°54'58"W along the northerly line of said
Lot 1, a distance of 189.51 feet to the Point of Beginning; thence SO°00'21"E, 468.05 feet; thence
S89059'39"W, 5.50 feet; thence SO°00'21"E, 163.30 feet to a point on the southerly line of said Lot 2;
thence along a non-tangent curve to the right, said curve having a radius of 170.00 feet, a chord bearing
of S68°25'26"W and a chord length of 32.26 feet, for an arc distance of 32.31 feet; thence NO°00'21"W,
175.16 feet; thence N89°59'39"E, 5.50 feet; thence NO°00'21"W, 146.12 feet; thence WEST, 13.95 feet;
thence NORTH, 18.00 feet; thence EAST, 13.95 feet; thence NO°00'21"W, 303.89 feet to the north line of
said Lot 1, thence N89°54'58"E, along said north line, 30.00 feet to the Point of Beginning. Containing
19,385 square feet.
a
%`nci' EN8�0
L►fL
LIVINGSTON,MT
p 406.222.0104 w
Lots 1 and 2 and Open Space Lot 1,Block 3,Cottonwood Subdivision Phase 1&2 03.08.2021 TAG REVISION
Cushing COTTONWOOD_P1 1
Terrell Water and Sewer Pipeline - REF SHEET SHEET NAME
and Access Easement CHECKED BY
o BORNEMANN EX. A
EXHIBIT B
W. GARFIELD STREET
Point of Beginning
NORTH L1
T7-1—S89°54'58"W 189.51'
Found Property Point of Commencement
Corner(Typ.)
GRAPHIC SCALE
100 0 50 100 2 0
m
( IN FEET ) o
1 inch = 100 ft. M LOT I
`�Line Table `.0
0
I--i CD0 0 Q
Line# Bearing Distance Q� z C° �y
L1 N89°54'58"E 30.00' O W
L2 S89 059139°W 5.50' Q CD
L3 N89 59 39 E 5.50' 0 0
L6 �qL4 N90°00'00"W 13.95' O J L4
L5 N00°00'00"E 18.00, �Y N
L6 N90°00'00"E 13.95' O
OPEN SPACE LOT 1
Curve Table PUBLIC PEDEST RL11N
RIGHT-OIa=WAI'
N \
Curve# Length Radius Delta (, o
0
C1 32.31' 170.00' 010°53'20" o
L3 z LOT 2 \
L2
\ T�q o
LO
No o
o /
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L IAN����°•`
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LOT I OG
LIVINGSTON,MT 2
p 406.222.0104 Lots 1 and 2 and Open Space Lot 1,Block 3,Cottonwood Subdivision Phase 1&2 N
03.08.2021 TAG REVISION
Cushing COTTONWOOD_P1 1
Terrell Water and Sewer Pipeline a CKED BY REF SHEET SHEET NAME
and Access Easement o BORNEMANN Ex, B