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Home My WebLink AboutEasementPackageRecorded_08-25-21 Return to: Chris G Budeski Technology Blvd Suite 2747848 Suite 203 Bozeman MT59718 Eaic sI *( 3 - 0012W2021 0` a6�01 DM Pee n$ec on IIICII IIIIIII CI II!lI 11 I11IN III IIIII IN lilt III' PUBLIC UTILITY EASEMENT Four Fly Fellows,LLC,GRANTOR,hereby grant unto each and every person,firm or corporation,whether public or private,providing or offering to provide telephone,electric power,gas,internet,cable television to the public,the right to the joint use of an easement for the construction,maintenance,repair and removal of their lines and other facilities in,over, under,and across a 10'wide strip of land situated in Gallatin County,Montana,to be located on the following described real property: Lot 1 Block 16 of Baxter Meadows Sub.Phase 2A located in the SE One-Quarter of Section 34,Township 1 South,Range 5 East P.M.City of Bozeman,Gallatin County Montana. The easement is more particularly shown on the attached EXHIBIT A-PUBLIC UTILITY EASEMENT which by this reference is made a part hereof. The GRANTOR warrants that it is lawfully seized and possessed of the real property described above,that it has lawful right to convey the property,or any part of it,and that it will forever defend the title of the property against the claims of all persons. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. THE GRANTEE AGREES: (1) That,in connection with the construction,operating,patrolling,repairing,substituting, removing,enlarging,replacing,and maintaining of said utilities it will repair or replace, at its sole expense,or pay to GRANTOR the reasonable value of any damages to curbing, pavement,walkways,landscaping&irrigation,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 Lot 1 Block 16 Baxter Meadows Sub.Ph.2A 10'Wide Public Utility Easement Page 1 of 3 2747848 Page 2 of 3 08/25/2021 03:46:01 PM 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 terms,covenants and provisions of the easement and agreement shall extend to and be binding upon the heirs,executors,administrators,personal representatives,successors and assigns of the parties hereto. rr Dated this 2`( day of A"C."J T ,20 z 1. GRANTOR-Four Fly Fellows,LLC CHoIta Bry Public SKI &OTAaigj.' for the State of Montana By: Residing at: _Ir�;.SEAL:4_ Bozeman,Montana Its: LA r sN.6z1` — — _ "% pF -�;°'' MY Commission Expires '"w,,,,,aw• November 26,2023 STATE OF MONTANA ) ):ss County of Gallatin ) On this day of ��[,1 4 sr ,20-?L(before me the undersigned,a Notary Public in and for the State of Montana,personally appeared U —IL 2 t Ywr✓- L f Jylyifck,t-known to me to be the person whose name is subscribed to the within instrument,and acknowledge to me that he did execute the same. iN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. NotaryPublic f the State of Montana ;•j,R`S BuoF CHRIS 1 Public <I vpoTAn�� >for the State of Montana 1 SEAL. " residing at: C-"Pi 5 a t—pt'Sn b ''?•. ( man,Montana <°' MY Commission Expires: (Printed Name) !'° November 26,2 Residing at �S�r tti My Commission expires k wa / 7(. Lot 1 Block 16 Baxter Meadows Sub.Ph.2A 10'Wide Public Utility Easement Page 2 of 3 2747848 Page 3 of 3 08/25/2021 03.46:01 PM Basis of Bearings:Bobcat Coordinate System,NAD83(2011)per the"Rocky 0' 30' 60' Mountain Tribal Coordinate Reference System"Handbook and User Guide, Published September 30th,2014 and subsequent revisions,established by _ observations with survey-grade GNSS receivers. GALLOWAY STREET N (90'wide RfW-Privately Maintained) N 89"41'57"E(R) N 89-35-11"E(M) 91.31'(R&M) i r — — S 89'35'11"W 83.59' -- W / Z w M w _� Cl) S 71 wco _ � a w � 4 to °i ❑ � C w C15 Y m Lot 1, Block 16 Z �,� Area =0.42Acres Q @ „N W O 'er a� � u h � o Q' a co Zc0 w® v CWo 06 Q�t Cy DNY.4 0 1 0 P w � �� I 4 LS �o N ❑ a I w o I p•' • `SCE •sC O N•Q•��• 1i O � /p ' 9J N CD 1 ' :vA( LANs.• 10.34' — S 89'35'00"W(M) 134,07' (RV-4) S 89°41'57"W(R) 30 FOOT WIDE ALLEY (Privately Maintained) EXHIBITA Depicting a 10 foot wide public utility easement over and across Lot 1, Block 16, Baxter Meadows Phase IIA located in the SE1/4 Sec. 34, T1S, R5E, P.M.M., City of Bozeman, Gallatin County, MT PROJECT NUMBER MT.148-103 MERIDIAN LAND DATE 6/15/21 SURVEYING, INC . SCALE P.O. Box 587, Gallatin Gateway, Montana 59730 _— 1"= 3a' — Phone (406) 624-6565 111 SHEET 1 OF 1 e-mail: meridiansurveying@yahoo.com _ 7F 58PFdl:MP Ep'_emar, MT ; 406 585 9634 # ti Kr-1 UKN 1 U: NORTHWESTERN ENERGY 40 LANL)S and PERMITTING DEPARTMENT 2250510 ast Butte, MT 59704-9394 1111E 1111111111111111111111111111111 P2gt0712006 03:57P Shelley Vance-Gallatin Co MT MISC 22.00 Form No.3220 12106 OL EASEMENT - UTILITY WBC , L .P . c/o Baxter Meadows Development, P.O. Box 81487 of B i l l in ,s MT ^_ zip 59108 _ "Grantor", in consideration of$1.00 and other good and valuable consideration, in hand paid, the receipt of which is acknowledged, does grant and convey to NORTHWESTERN CORPORATION d./b/a NORTHWESTERN ENERGY, a Delaware Corporation, of 40 East Broadway, Butte, MT 59101-9394, "Grantee", and to its successors, assigns and apportionees, an easement 7 .50 feet in width upon which to construct, operate, maintain, replace, upgrade and remove a natural gas pipeline, electric powerline, communications system, and necessary appurtenances, including any guy wires which may extend beyond the easement width over, under, along and across that certain real property located in Gallatin County, Montana, and particularly described as follows; TOWNSHIP 1 South _ RANGE 5 East P.M.M. SECTION(S) South 1/2 Section 34 As _Shown on Exhibit A TOGETHER with reasonable right of access to and from the easement area over lands of the Grantor using existing roads and trails where practicable; the right to use and keep the easement area free and clear of any and all obstructions or structures, except fences; and the right to clear and remove all timber, brush or vegetation from the easement area and to cut and remove such timber, brush and vegetation outside of the easement that may in the Grantee's opinion endanger the powerline, communications system, natural gas pipeline, necessary appurtenances or guy wires. THE GRANTOR covenants with the Grantee that the Grantor is lawfully seized and possessed of the real estate above-described,and that the Grantor has a good and lawful right to convey it, or any part thereof. ,ram r�DATED.t is /� day of }_d''k' o�✓ 20 OU - STATE OF I s t 1 ) )SS. COUNTY OF c_ ► ) On this / day of E , 24_04�, before me, personally appeared known to me to be the persons whose names are subscribed to the within instrument and ack owledgetl ma th*thry executed the same. NOTARY SEAL WITHIN THE BOX Signature: ��~ Print Name: l_EEANN JOHNS Notary Public for the State of��(al,t�4"4 Notary Public Residing at Ko a-I-)-/ �oTAR1.1 '`r Yfor the State of Montana Residing at: My Commission Expires_ ly y�� _, 20 .SEAL. Q Bozeman, Montana Ply C�rz�misalon Expires: Project: Map No.° — Order No,;__. Acquired by_ l E No_: EXHIBIT A UTILITY EASEMENT ACROSS LOT 1, BLOCK 16 OF THE FINAL PLAT OF BAXTER MEADOWS PHASE IIA, LOCATED IN IH!: SOUTH 112 OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA EASEMENT AREA ; 0.028 ACRES Ln N 0 6 GALLOWAY STREET 0'o N89'4 1 '57"E......... N ............ T5.0 . ............. . ................... 04 —EXISTING UTILITY NEW EASEMENT EASEMENT AREA (SHADED) 04 0 11%. CDcJ 0 rn I m Q0.1 m DO 0 OCD c 0 0 a c:CoLs _c 'K 16 0 w ......................... ....................... - ----------------------------- :lj�j .............. 0 > 589*41'57"W < ALLEY 0 7.50' . ................................................................... ................................... . ...... w w 1:5 -EXISTING UTILITY EASEMENT PEDESTRIAN WALKWAY 0 50' 100' 150' 1 1 1 1 1 1 1 1 S C A L E BEARING BASIS: FINAL PLAT OF BAXTER MEADOWS IIA BAXTER MEADOWS SUBDIVISION, PHASE 2A THOMAS,DEAN& HOSKINS,INC. BOZEMAN,MONTANA TD& GREAT FALLS-ENGNEERINGAN CONSULTANTS BOZEI -KA-ISPELL MONTANA SPOKANE WASNINGTON LEWISTON IDAHO EXH1131T A DRAWN BY! NmJ DATE: 11-27-06 DESIGNED BY: JOB NO. B05-016(0211 SHEET UTILITY EASEMENT QUALITYCHECK: _WA CADNO. US16E.-A.DWG