Loading...
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/����'//' /' oc D . cv` 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