HomeMy WebLinkAbout21- Public Utility Easement - Gallatin Mall Group, LLC - Track 1. Survey 467A RETURN RECORDED DOCUMENT TO:
Bozeman City Clerk
PO Box 1231 PLNfTED
Bozeman, MT 59771-1231
2741987
Page: 1 of 6 07/19/2021 02:31:22 PM Fee: $48.00
Eric Semerad - Gallatin County, MT MISC
11111111,11111 III 11111111111�11111 IN IIII IN EII 11111 IIIIIII III�11111111111111111
PUBLIC UTILITY EASEMENT
Gallatin Mall Group, LLC, a Montana Limited Liability Company, of 2280 Grant Road, Suite A,
Billings, MT 59102-6696, the GRANTOR, in consideration of one dollar and other good and
valuable consideration, receipt of which is hereby acknowledged, does hereby grant to City of
Bozeman, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal
Corporation of the State of Montana, GRANTEE, its successors and assigns, a perpetual
easement to lay, construct and maintain water and sewer mains with the usual services,
connections, accessories and appurtenances for the purpose of transmitting water and sewage in,
through and across strips of land of variable width situated in Gallatin County, Montana, to be
located on the following described real property:
Tract 1 of Certificate of Survey No. 467A, City of Bozeman, according to the plat
thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana and located in the SW 1/4 of Section 11, T. 2 S., R. 5 E. of P.M.M..
The easements are more particularly shown and dimensioned on the attached Exhibit A, and
Exhibit B, which by this reference are made a part of this document.
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 pipelines, 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 day of vw c , 2021.
GRANTOR: Gallatin Mall Group, LLC, a Montana Limited Liability Company
By: Stev �6omin anaging Member
STATE OF f`^N CKpp�_ )
ss.
County of
This instrument was signed or acknowledged before me this 65 day of
2021, by Steven J. Corning as Managing Member of Gallatin Mall Group, LLC, a Montana
Limited Liability Company.
(SEAL)
Notary Public for the State of
Printed Name: r �� ���TA q�q� KRISTI K FAW
Residing at NOTARY PUBLIC for the
�� ,,n 5 * SEAL * State of Montana
My Commission Expires Residing at Billings,Montana
9TFOF MO� My Commission Expires
July 21,2023
DATED this day of A v✓-0— 22021.
ACCEPTED - CITY OF BOZEMAN
By: J chits City Managers
ATTEST:
a
By: Mike Maas, its City Clerk �ri;P . o
STATE OF MONTANA )
)ss.
County of Gallatin )
On this day of �, , 202_L, before me, a Notary Public for the
State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be
the City Manager and City Clerk, respectively, of 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 Notarial Seal the day
and year first above written.
(SEAL)
HEATHER SIENVENUE
Notary Public
otary Public for the State of Montana ==�'NOTAR/A ym=:for the state of Montana
Residing at:
Printed Name: .N�.SEAL,. Q> eozeman, Montana
Residing at <qoF Mote?' My Commission Expires:
,,,,,,
My Commission Expires / /20 January 26, 2022
G:\C&H\20\200526\Site Plan-Final\Easements\Public Utility Easement.Doc
LEGEND EaMW A
PROPERTY BOUNDARY LINE rJ PUBLIC UTILITY EASEMENT
SURROUNDING PROPERTY LINE
—EASEMENT
E- _]NEW EASEMENT AREA
1 �
I I
LEGAL DESCRIPTION j
TRACT 1, C.O.S. 467A
LOCATED IN SW 1/4 of SECTION 11, —�
T. 2 S., R. 5 E. of P.M.M., DIMENSION LINES 090'42'42"� 20.00
BOZEMAN, MT 40.22 1 � 26.00
000'42'42" L1__180'42'42"
097 22 090'42'44"
�= _ " 252.38 21.35
N _ 88.08 092'12'42" — - - 711�
180'42'44"
- --092'12'42" 272.47 -- ---- -.-- - _�_--
?2 024 10.77 - --
�� 180'42'44" 272'14'20" 223.68 10.67
000'42'44"
146.49 - - —
092'12'52" \ 223.68 --- 7 23.66
\ 092'12'52"
EXISTING 30.0' WATER \\ 0g2'12'52"
AND SEWER EASEMENT \ PRO. PUBLIC UTILITY EASEMENT I
\ I
\ I
COS NOT 467A \\
37.426 Acres \ I
Scale In Feet o
50 0 50 \z
cv to
_I
15 0 15 04 \\ I
Scale In Meters "i \ I
DIMENSION LINES
EX. 20.0' TELEPHONE AND \
TELEGRAPH EASEMENT \\ I 5g'2-"
SOUTHERN PROPERTY BOUNDARY
EX. 10.0
PIPELINE
OF MOyyTgN EASEMENT. _ - - 40.74 091'06'430
[S88'53'17"E]
MARK A. o --
o CHANDLER 23N 8ES R=N 95 t2 12 21'19"
n=
o.
v _
— #200526
LEGEND EXHW B
PUBLIC UTILITY EASEMENT
PROPERTY BOUNDARY LINE
SURROUNDING PROPERTY LINE
EASEMENT -
27 744'42" 092'57'30" 092-57'30"
C —]EASEMENT AREA ——— — �—— 174.13
------ 53.61 20.00
I ' I 27.10 -- -- - ---
I26.71� �, 0o6v04'18"
" �.
LEGAL DESCRIPTION I 1:�4•0418 Ex. 30' WATER
�- MAIN EASEMENT
I TRACT 1, C.O.S. 467A 20.00I 094'04'18"
LOCATED IN SW 1/4 of SECTION 11, I
T. 2 S., R. 5 E. of P.M.M., I
BOZEMAN, MT I
I---i- EX. 30' WATER MAIN EASEMENT
N I �
I
i Ii
PARCEL 2 WESTERN PROPERTY BOUNDARY I
COS NO. 1553 iv I
I TRACT 1 ,
COS NO. 467A
d I 37.426 Acres
N^ M I
w
I
Scale In Feet I
50 0 50
15 0 15 I
Scale In Meters I \
I I
I I
I I
OF MONTgNq� I I
o MARK A.
m CHANDLER \
v No. 9518ES
0�9 4/C E NSE'O
149.86 090'4l'48'
[S89.18'12"E] _ �. r
#200526