HomeMy WebLinkAbout21- Sewer & Water Pipeline and Access Easement & Agreement - J&D Family LLLP - Lot R-2, J&D Family Subdivision Phase 2 RETURN RECORDED DOCUMENT TO:
Bozeman City Clerk
PO Box 1230 pLATTED
Bozeman,MT 59771-1230
V ------
2748249
Page: 1 of 5 08/27/2021 03:10:12 PM Fee: $40.00
Eric Semerad - Gallatin County, MT MISC
I I I I I I I I I I I I I III 11111111111111111 IN 11111111111111111111111111111111111111111111111111111111
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
J & D FAMILY LLLP, a Montana limited liability limited partnership, with a mailing address of
43 Leafmaster Trail, Bozeman, MT 59718, the GRANTOR, in consideration of$1.00 and other
good and valuable consideration, receipt of which is acknowledged, does hereby grant to City of
Bozeman, of 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 sanitary sewer pipelines and water mains with the usual
services, manholes, connections, accessories and appurtenances for the purpose of transmitting
sanitary sewer and water 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 R-2, J & D Family Subdivision, Phase 2 [Plat J-6101, located in the SE 1/4 of Section 9,
T. 2 S.,R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana.
The easement is more particularly shown and dimensioned on the attached Exhibit A, which by
this reference is 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, manholes, 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 sanitary sewer 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 20 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 hereby releases the GRANTEE from having to repair or replace any
sidewalks or concrete flatwork in the event of any necessary maintenance, repairs or
replacement of the water or sanitary sewer systems.
(5) 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.
(6) 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 IG"#2 day of a _, 2021.
J &D FAMILY LLLP, a Montana limited liability limited partnership
By: Peder J. B' n, General Partner
STATE OF MONTANA )
):ss
County of Gallatin )
This instrument was signed or acknowledged before me this '=day of
, 2021, by Peder J. Billion as General Partner of J & D Family Limited
Partnership, Montana limited liability limited partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
Z6 — (SEAL)
„�.���������"-, GONNOR HOSIER
otary Public fo he State of ontana °o0 "0S�F9 for the star ofbMontana
Printed Name: Fs'u ;0 1AR,q
o t _ at:
Residing at: /�� *= Bozema�n�,nMontana
My Commission Expires: /_�/202 T.SEAL.P=Q` My Cornmisslon Expires:
'q�oF Mo May 29,2023
,,,,,„
DATED this day of 12021.
ACCEPTED - CITY OF BOZEMAN
By. f helich, its City Manager
3y ;�
ATTEST: �`�'• '...•... .
By: Mike Maas, its City Clerk 9�j�18g� .• ��ti'
STATE OF MONTANA ) CO. 140
)ss.
County of Gallatin )
On this day of
202 , before me, a Notary Public for the
State of Montana, personally ap ared 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. HEATHER BIENVENUE
Notary Public
Residing
for the State of Montana
V m
*• *; Residin at:
=N .SEAL.
=;9• • =e• Bozeman, Montana
z-� '' P O My Commission Expires:
*otaryPublic for the State of Montana of Mo p
/ January 26, 2022
Printed Name:
Residing at
My Commission Expires / /20
f
G:\C&H\18\180820\Site Plan\EASEMENTS\30'Public Access And Utility Easement-Copy.Doc
EXHIBIT A
30' AND 35' PUBLIC WATER AND SEWER ACCESS
EASEMENT
LOT R-2, J&D FAMILY SUBDIVISION, PHASE 2
LOCATED IN THE NE 114 OF THE SE 114, OF SECTION 9, T. 2 S., R. 5 E.,
OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
f+N " - -
- - -C�ft`s'TINfr-445' Pd £ STR{Ef .- ._ _L � _ __ _
AND UTILITY EASEMENT
¢ PER FILM 180, P. 65 [S89.39'44"E] WEST BABCOCK STREET L
432.89 090'20'16"
oN PROPOSED 12' 45.00 180'44'04"
UTILITY EASEMENT [SO'44'04"W]
433.99 090'20'16'
C.
mm >��. 60
tJ i s��'•
LOT 1 o t5 m \ si OPEN SPACE
BLOCK 1CY19.00 11.65 t ^;u 63.88 175'21'46"
1 11.65 [S4'38'14"E]
`\ I
[S89'02'27"E]
24.05 096'.�'7'33" [S89'39'44"E] I
S89'02'27"E] 79 e&&I. 238.06 090'20'16"
141.99 090'57'33" �[
S� Ry.
DRAGON FLY o i M '28 s'F� AD F tJB'D�'ISTOI�
STREET �� 09.. (b 1 E 2
__.. _ --__.._/ a54.45--2Z0'57 33" r I�
F [N89'02'27"W] o
ROPOSED 30' PUBLIC w O
35.0' PUBLIC WATER io r
AND SEWER EASEMENT ' WATEEASEMENT AND ER -'0
io r` lb
`•,� I..
Z�
oN
h ^"
PROPOSED o p' q I /, ��,'`p PROPOSED PROPOSED I
N O I I
I BLOCK 12 LOT 3 �N 1� 0.S. A- 1 LOT 2A I I
358,576 sf N N I p�h 54,494 sf
253,176 sf / io p
8.2317 Ac I 5.8121 Ac o Cfv) 1.2510 P.c I
1 N V M
I ^ of
I 30 N N
EXISTING 50'
I 40.95 023.261�" I I M STORM EASEMENT LU
OPEN SPACE [N23'26'10"E] nq / ,V Z
115.98/ - 229.65 I w 19.00 >
12.2 --
I 20.23 023'26'10' 'v I I
[N23'26'10'E]�� ��p `� N �
I
d PROPOSED 30'
PUBLIC TRAIL EXISTING 'f SUBDIVISION
LOT 2 0
EASEMENT \� LOT R-2 O ' J$tD FAMIL ~
I O
LOT 2 0 6 I� nJ = z PHASE 1
IBLOCK 2 (N w J Ld I j
�� Nod'\7��� •�- � o �� � I
Q
co
ry
N60
N'.4 Cn
46.49 359'40'00" ( O \
[_ 0'20'00"W]
Q [S25'21'28"E] 0 LOT 1
OPEN SPACE _ 48.17 154'38'32" \ ,�
[S89'34031"E] >/
MAY FLY
101.67,--o6b'25'29"
.�
STREET A OPEN SPACE
a9�o os s" PROPOSED \
LOT 1 A
14.90 ' 267,476 sf
13.26 6.1404 Ac
co
r M
o tob 30 w
w� COV' Scale In Feet
In CD N I ' " 100 0 100
I N 6 N
PROPOSED 30' PUBLIC uN I 30 0 30
I WATER AND SEWER EASEMENT PROPOSED 10'
I UTILITY EASEMENT I Scale In Meters
LOT 1
I BLOCK 3 PO 25 LEGEND
''
�� , 62.65 213'13'25"/
M p" /�h [S33'13'2s"w]/ PROPERTY BOUNDARY LINE
Jlcl ^y° ,2sob
--- SURROUNDING PROPERTY LINE
[so'zs'oD"w] EASEMENT LINE
I 46.15 180-26'00" 39.45 180'2 00' o
[SO.26'00"W]I P o
35 wu / PUBLIC WATER AND SEWER
ACCESS EASEMENT
.ST30� 134.bT 81�� 70T�
- _....._ � 309.46
0 o FALLON STREET > AREA OF EASEMENT: 41,259 Sq. Ft,
PROPOSED 12' UTILI [SO'25'29"W] (R&M) 0.9472 Ac.
EASEMENT 60.00 180'25'29" ���OF MO T9
-- -- - -- ......__.
311.25 270-25'29' (M)
[N89'34'31"W] ='
311.24 (R))
EXISTING CO' PUBLIC STREET ' MARK A. o
r AND UTILITY EASEMENT
PER DOC, NO, 2312065 CHANDLER
61 No. 9518ES
Engineering and Surveying Inc. �y� /CEN5"- P��
1091 Stoneridge Drive•Bozeman,MT 59718 FN��NEER PN�
Phone(406)587-1 115•Fax(406)587-9768
www.Ghengineers.com•info@chengineers.com Sheet I Of 1 #180820