HomeMy WebLinkAbout21- Monitoring Well Access Easement and Agreement - Bridger Vale - Return to:
City Cl Bozeman PLATTED 2736290
City Clerk Page: 1 of 4 06/02/2021 12:39:14 PM Fee: $28.00
PO Box 1230 Eric Semerad - Gallatin County, MT MISC
Bozeman, MT 59771-1230 1111111111111111111111111111111111 IN 1111111111111111111111111111111111111111111 IN
MONITORING WELL ACCESS EASEMENT AND AGREEMENT
Bridger Vale, LLC, the GRANTOR, in consideration of$1.00 and other good and valuable
consideration, receipt of which is acknowledged, grants to The City of Bozeman, a municipal
corporation of the State of Montana, GRANTEE, its successors and assigns, a perpetual
easement to install, repair, and access a soil vapor probe monitoring well for soil vapor sampling
and environmental monitoring in,through, and across a portion of land situated in Gallatin
County, Montana,to be located on the following described real property:
A portion of Lot 2, Block 3,Bridger Vale Subdivision P.U.D., located in the southwest
quarter of Section 31, Township 1 South, Range 6 East, P.M., City of Bozeman, Gallatin
County, Montana, described as follows: Beginning at the northeasterly corner of said Lot
2, thence S 35°17'24" E along the east boundary of said Lot 2 a distance of 49.0 feet;
thence S 54°42'36" W a distance of 17.0 feet;thence N 35°17'24" W a distance of 5.0
feet;thence N 54042'36" E a distance of
12.0 feet;thence N 35°17'24" W a distance of 44.0 feet to the southerly line of a
dedicated alley; thence N 54°42'36" E along said southerly line a distance of 5.0 feet to
the east boundary of said Lot 2 and Point of Beginning.
The easement is more particularly described on the attached Exhibit A 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 in order to survey and establish the route and location of the easement and the
soil vapor probe monitor well and to:
(1) Construct, operate,patrol, repair, substitute, remove, enlarge, replace, and maintain the
monitor well, 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 monitor well;
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating,patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said monitor well, it will repair or
replace, at its sole expense, or pay to GRANTOR 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 installation of the monitor well, it will leave the
finished surface in substantially the same condition as existed prior to the beginning of
operations except that the surface immediately surrounding the monitor well may be
mounded sufficiently to prevent the formation of depressions after final settlement has
taken place.
THE GRANTOR 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 immediately surrounding the
monitor well 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) The GRANTOR 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.
(4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted
without any interruption by the GRANTOR. 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 �/I GL� 1 , 2021.
N
STATE OF MONTANA
ss.
County of Gallatin )
On this %� �Iday of A4a, ✓G�l , 20 2 L, before me the undersigned, a
Notary Public for the State of Montana, personally appeared, Andrew Ebbighausen, known to me
to be the President of Bridger Vale, LLC 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
Bridger Vale, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
SHEILATINJUM
5. Notary Public
(SEAT') ;NOTAR/,q for the state of Montana
Residing at:
9 SE •'Q.*`: Bozeman, Montana
%,mac pFS�P�'\
Notary Public fort e State of Montana My Commission Expires-
August August oa,2023
(Printed Name)
Residing in
My Commission Expires / /20
ACCEPTED:
CIT B MA
By
.'p City IVanb4er
ATTEST:
City Clerk
STATE OF MONTANA )
ss.
County of Gallatin ) Q
On this day of , 20
, before me, a Notary Public for
the State of Mon—tan , rsonally 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.
(S AL) PeiF'' HEATHER BIENVENUE
E H'
Notary Public
?��oTARiyiZm=_for the State of Montana
qo"t,aryyPublic for e State of Montana =�, SEAL. Q Bozeman,Montana
' P=' My Commission Expires:
oFIM� January 26,2022
(Printed Name)
Residing at Bozeman,Mont na
My Commission Expires: t/ 2h /20_Z�-
1 %4"yellow plastic EXHIBIT A
N 54°42'36" E cap marked MONITOR WELLACCESS EASEMENT
SURVCO 4535 S
POINT o A portion of Lot 2, Block 3, Bridger Vale Subdivision
CA Nv P.U.D., located in the southwest quarter of Section 31,
OF 0 CA Township 1 South, Range 6 East, P.M., City of Bozeman,
30 BEGINNING o U; Gallatin County, Montana, described as follows:
O N
'L\ S m Beginning at the northeasterly corner of said Lot 2, thence
S 35'17'24" E along the east boundary of said Lot 2 a
GOdistance of 49.0 feet;
O, ��'- BASIS OF BEARING PGA 1221 thence S 54°42'36'i W a distance of 17.0 feet;
\ �R OS thence N 35 17 24 W a distance of 5.0 feet;
BLLOT 2 OCK 3 \ The south line Bridger Vale Subdivision C thence N 54'42'36" E a distance of 12.0 feet;
\ P.U.D., being S 87'46'48"W. thence N 35017'24"W a distance of 44.0 feet to the
sz S southerly line of a dedicated alley;
N 54°42'36" E ON thence N 54'42'36" E along said southerly line a distance
12.0' '" S.� of 5.0 feet to the east boundary of said Lot 2 and Point of
/ / Beginning.
N 35°17'24" W �'-
5.0' �'�p, F` Said easement contains 305 square feet, more or less.
S 54°42'36" W
17.0'
\;O� '\4, CERTIFICATE OF SURVEYOR
�TAI 1'10 I hereby certify that this easement is
a true representation of an easement
a5 layout and survey completed by me
)0:� in February and March, 2021.
LOPENSPACE
4;S11 . ccv 3 8Eric Martin, 13445 LS �NTAO- 1 3 � • %• •
�Ox ,9ERIC
MATIN SEE DETAIL • 445 LOT 2 �O��10 BLOCK 3 , AL L431 .11' %4"yellow plastic
S 87°46'48" W L2 cap marked
T-bar with 1 cap RPC� �221 MAOIERL ON [M—lartin
marked R.L.S. 1853SCALE: 40 ft CIOsLand Services
0 I i 40 PO Box 5165 406.404.5293
This line represents one Bozeman,MT 59717 martin-land.com
inch on original drawing