HomeMy WebLinkAbout21- Sewer & Water Pipeline & Access Easement & Agreement - Cottonwood Project, LLC - Cottonwood Subdivision C Return to:
City of Bozeman PLATTED o 2731875
c�yy/itY Clerk Page: 1 of 6 04/30/2021 01:48:25 PM Fee: $42.00
PO Box 1230 Eric Semerad - Gallatin County, MT MISC
Bozeman, MT 59771-1230 11111111111111 III 111111111111111111111 111111111111 III 1111111111111111111 IN
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, Block 6 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.
'Z7,a1.b5
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
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 I kl- day of 9 ar GV` , 20 2 k .
GRANTOR: Cottonwood Project, LLC
BY:
TITLE: �GaageA
STATE OF
ss.
County of( �11 n AdO- )
On this <�A^day of MQY f/y`- , 20 2l , before me the undersigned, a
Notary Public for the State of personally appeared, (,(�S{y L� N G1-- ,
known to me to be the tdG�0 V of COk10 N ow d Yn ipc+ Ll,C
and the person whose name is subscribed to the wit in instrument and acknowledged to me that
he executed the within instrument for and on behalf of Cj N W 00a 9 m)PGt , LLC
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 Ndau 'a �dp,ho
Mar�00W BQPt
(Printed Name)
Residing in s6w 11)
My Commission Expires ki / /201�
ACCEPTED:
CITY OF BOZEMAN
. ®� e;� Bit a r
ATTEST. 1
�c Owes �'•,� _�-�_:�:y�f;:
City Clerk �:' ;. �
STATE OF MONTANA )
) ss.
County of Gallatin )
A
On this y"6 day of , 20 , before me, a Notary Public for
the State of Montana,personally appeared JEFF MIHELIC 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.
(SE L)
HEATHER BIENVENUF_
.`'�?•'• •'•`6`'; Notary Public
�oTAR/,gt?m'_for the State of Montana
otary Public for the State of Montana Residing at:
=��•SEAL,••' Bozeman, Montana
,<-,oFMo''' ,0i0,, My Commission Expires:
`' January^c6, 2022
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: _/ /20
EXHIBIT A
EASEMENT DESCRIPTION
A Water and Sewer Pipeline and Access Easement located on a portion of Lot 1, Block 6, Cottonwood
Subdivision Phase 1 &2, Document No. 5C 5, 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 northwest corner of said Lot 1, thence S00°05'02"E along the westerly line of said Lot
1, a distance of 23.31 feet to the beginning of a tangent curve; thence along said curve, concave to the
east, having a radius of 120.00 feet, an arc distance of 70.69 feet; thence S33°50'16"E, 50.36 feet to the
Point of Beginning; thence S89°50'25"E, 194.99 feet; thence S00°09'35"W, 30.00 feet; thence
N89°50'25"W, 174.76 feet to a point on the westerly line of said Lot 1; thence N33°50'16"W, 36.19 feet to
the Point of Beginning. Containing 5,546 square feet.
0\�>u I I t r,1ti/J/����'//'
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LIVINGSTON,MT
p 406.222.0104 Lot 1,Block 6,Cottonwood Subdivision Phase 1 &2 03.08.2021 TAG REVISION
Cushing COTTONWOOD_P1 1
Terrell Water and Sewer Pipeline - REF SHEET SHEET NAME
CHECKED BY
and Access Easement o BORNEMANN Ex. A
EXHIBIT B
BLOCK 4
PARK BOULEVARD
J
Point of Commencement
C�
Found Property
(>\ Point of Beginning LOT I Corner(Typ.)
LOT 2 S89°50'25"E 194.99'
c� r
N89 50 25'W 174.76'
/ LOT 1 O
NORTH
GRAPHIC SCALE
100 0 50 100 200
Line Table ( IN FEET )
Line# Bearing Distance 1 inch = 100 ft.
L1 S00°05'02"E 23.31'
L2 S33°50'16"E 50.36' ����p N Tq
L3 N33°50'16"W 36.19'
L4 S00°09'35"W 30.00'
B l ��
i Ch•'</C "Q5
Curve Table '��`S'ip' • ENS• CJpN�
Curve# Length Radius Delta
C1 70.69' 120.00' 033'45'13"
LIVINGSTON,MT
p 406.222.0104 Lot 1, Block 6,Cottonwood Subdivision Phase 1 &2 w 03.08.2021 TAG REVISION
CUSI"1�n1g � COTTONWOOD_P1 1
Water and Sewer Pipeline REF SHEET SHEET NAME
Terrell and Access Easement CHECKED BY
o BORNEMANN EX, B