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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 / o o U) ( � L IAN����°•` O�� 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