The URL can be used to link to this page

Home My WebLink About21- Sewer & Water Pipeline & Access Easement & Agreement - Graf Apartments Return to: Chris G deski /JLPLATTED 895 Te nology Blvd Suite 03 B7man MT 59718 Return to: 2746100 City of Bozeman Page: 1 of 6 08/12/2021 02:44:44 PM Fee $48.00 City Clerk Eric Semerad - Gallatin County, MT MISc PO Box 1230 1111111111111111 El III 1111111111�11111111111111111111111 III 111111111EI IIII 111 Bozeman, MT 59771-1230 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Graf Apartments, LLC, the GRANTOR(S), in consideration of One Dollar and other good and valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain approximately 2,7141f (sewer) and 4,0601f(water)pipelines with the usual services,valves, connections, accessories and appurtenances for the purpose of transmitting sewer and water in, through, and across a strip of land situated in Gallatin County, Montana, to be located on the following described real property: Lot 2 of Minor Subdivision 235 Located in the NE '/4 of Section 23, Township 2 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County Montana. The easement is more particularly shown on the attached EXHIBIT A-PUBLIC SEWER AND WATER PIPELINE AND ACCESS EASEMENT which by this reference is 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 Sewer&Water pipeline, 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 Graf Apartments LLC Sewer and Water Pipeline&Access Easement Page 1 of 3 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 ff'-- day of (7ta*�c/ , 202o . By: Grp for STATE OF " t Aq W- +444t LGG, )SS. County of C 4t4,4-t t-- ) On this I day of befe_& /;c^, , 20 ?'e ,befor me the undersigned, a Notary Public for the State of Montana,personally appeared�y)�11 "Of+ , known to me to be ,., of 4A4w Ap,glii-"cm,6 cw—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 to/Li4 vt A PO4T-ykeF-wi LC L . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ° �s BuaF,, CHRIS BUDESKI °pr•' sue' Notary Public �pTARI,g4. for the State of Montana - * Residing at: (Printed Name) C(-� (21 5 (,f U Dc S K r SEAL.�Q Bo Montana My ommis ion Expires:' ��Notary Public for the State of T q n k " P November 26,2023 Residing at ( D Z ti�, ,cqt.` 0-t r My Commission Expires t\f y V. Z�. ZUZ� Graf Apartments LLC Sewer and Water Pipeline&Access Easement Page 2 of 3 ACCEPTED: CITY OF BOZEMAN may. by ..... .. �'•? Ci ger ATTEST: :,.. ••� � City Clerkg 4��r ar''•... ....... STATE OF MONTANA ) )ss. County of Gallatin ) On this I day of ,,20 ,before me a Notary Public for the State of Montana,personally appear m Minelicki and -,I ICAj� 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 an year first a ove written. `Ea aieN%„ HEATHER BII�UE otary Public or the State of Montana ...... Notary'NpTnRrq<2m=_for the State of Montana s*: —'— :* Residing at: (Printed Name) N SEAL.q; Bozeman, Montana Residing at 9 �F td0�t�tc', My Commission Expires: My Commission expires / /2 January 26,2022 Graf Apartments LLC Sewer and Water Pipeline&Access Easement Page 3 of 3 EXHIBIT — PUBLIC SEWER AND WATER PIPELINE AND ACCESS EASEMENT LOT 2 OF MINOR SUBDIVISION No. 235 LOCATED IN THE NE1/4 SECTION 23, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA w 0 200' 400' 600' z SCALE: 1" =200' SOUTH 19th AVENUE S 00°02'55 E 923.24'(R) S 00°42'23" E 923.35' (M) a) LO s co (D " N 2- m ` E O z 0 Cc c: Q a) U CD co N M - - - a) --y _ cVC11 -�--' U CV LA a) a3 I 3 cn ` I co m Q . 0 LO CD � _ I coN CO CO co I I I I 04 �2I '3AV iZ 'S - M ti S a co U) i aE W I W m I I � (D � � � I a, w L — - - _ U a) a3 � I - -w ca) I - - — Q .ct C3 Qz � I V I cn � i Y N 00°13'43" W 923.44' (M) 1 L -1 N 00°02'55"W 923.24'(R) I I I I I I I •N7A O ••MIC PROJECT NUMBER :-p MT-148.88 4 LS LL DATE MERIDIAN LAND •.,�a: 8,18,2020 SURVEYING IN ' "S'---!)"�Q � `�Nq[ LAND 5 SCALE P.O. Box 587, Gallatin Gateway, Montana 59730 "' 1"=200' Phone (406) 624-6565 SHEET 1 OF 3 e-mail: meridiansurveying cQyahoo-com 7 - - - - 1 - �- - - - - - - - - -� S89°57'50"W 1222.70'(R) N o ( S 89°49'56" W 1222.65' (M) - - - - - - w Lot 2 0 o Minor Subdivision No. 235 C3 C 5 W Area = 25.99 Acres o W CD 0 0 0 = O ° m m N N Z CCn Np W 00 0 i w Public sewer and water "' m i o u, °D pipeline and access easement T cnw Z � L102 NN - o J L103 N89°50'32"E 217.31' S78° o L109 ^' w ca ° — — — — 54'1g�•E N89°52'09"E 180.27' N 89°52'09" E 322.51' n L111 "'- - J T o � L100 5641' — ~ o T s � -0 o � � — — — — N 84°44'03" W N W w = S 89°50'32" W 197.25' F_ 95.71' — — — — — A 7 S89°52'09"W 170.42' S 89°52'09" W 335.83' K CD ILIVV* `°I Public sewer and o 0 0 l �o I I water pipeline and ccoo ccoo �I �� co I i access easement o o IN co mi im m Im T T W CD to co �I I� o� to of io � CDIoN) CD PROJECT NUMBER MATCH LINE MATCH LINE MT-148.88 MERIDIAN LAND DATE 8/18/2020 SURVEYING, INC . 0 100, 200' 300' SCALE P.O. Box 587, Gallatin Gateway, Montana 59730 1" =100' Phone (406) 624-6565 SHEET 2 OF 3 e-mail: meridiansurveying@yahoo.com SCALE: 1"= 100' 0 100, 200' 300' SCALE: 1"= 100' Lt MATCH LINE I I i I MATCH LINE Public sewer and water pipeline and access easement 0' L107 j N 89°50'32" E 265.62' N 89°50'32" E 318.86' w L105L- - - - - — W - - - - - - - - - L112 r A S 89°50'32" W 295.95' - -~ — S 89°50'32" W 365.82' — Public sewer and water i pipeline and access easement Lot 2 Minor Subdivision No. 235 Area = 25.99 Acres i S 89°49'33" W 1230.35' (M) LINE BEARING DISTANCE WEST GRAF STREET N 89°57'50"W 1230.12'(R1) T I L100 N 89°50'32" E 19.83, j� L101 S 00°09'28" E 10.00' L102 N 89°50'32" E 20.00' L103 S 00°09'28" E 10.00' L104 N 00°05'17" W 27.06' PROJECT NUMBER L105 S 89°49'39" W 8.32' MT-148.86 MERIDIAN LAND vv M E L10 N 00 10'21° W 20.00 L107 N 89 49 39 8 E .3535 8 18 220 SURVEYING INC . L108 N 00'50'3 ° W 10.00' Y L109 N 89 50 32 E 20.00 SCALE P.O. Box 587, Gallatin Gateway, Montana 59730 L110 S 00°09'28" E 12.13' 1" = 100' L111 N 89°52'09" E 23.32' Phone (406) 624-6565 S SHEET 3 OF 3 e-mail: meridiansurveying@yahoo.com L113 S 00 09'28" E 10.59'