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HomeMy WebLinkAbout22- Access Easement - VC Development, LLC - Catron CrossingReturn to: 2769871CityofBozemanpage:1 of 4 03/11/2022 03:34:59 PM Fee:$32.00 C|Ork Eric Somerad -Gallatin County,MT MISC F 0 Box 1230 30zeman,MT 59771-1230 STORM DRAIN PIPELINE AND ACCESS EASEMENT AND AGREEMENT VC Development LLC,the GRANTOR(S),in consideration of $1.00 and other good and valuable consideration,receipt of which is acknowledged,grant(s)to The City of Bozeman,a municipal corporation of the State of Montana,with offices at 121 North Rouse Avenue, Bozeman,Montana 59715,GRANTEE,its successors and assigns,a perpetual easement to lay, construct and maintain storm drain pipelines with the usual services,valves,connections, accessories and appurtenances for the purpose of transmitting storm water in,through,and across a strip of land situated in Gallatin County,Montana,thirty (30)feet wide to be located on the following described real property:Lot 2A of Block i of Catron Crossing Subdivision Situated in the SE ¼of Section 26,Township 1 South,Range 5 East,P.M.M.,City of Bozeman, Gallatin County.Montana. The easement is more particularly described on the attached Exhibit,EX 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,a ents 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 fillsof 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 storm drain pipeline(s),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 fillmaterial 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 ofit,and that they will forever defend the titleto 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 ,20 2.2 GRANTO STATE OF MONTANA ) )ss. County of Gallatin ) On this 8 day of 6.wa.,,20 37..,before me the undersigned,a Notary Public for the State of Montana,personally appeared,nw u a ro er ,s. known to me to be the nun w,I ay.hu of V 6 hi,,pd ,I s e 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 #. n,..,9 µ4,I u. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year firstabove written. (SEAL) Notary Public for the State of Montana CYNTH M EDGMOND hr,)hc M.FAc.mery)°°*° e°n t (Printed Name).SEAL Bozeman,Montana ..My Commission Expires: Residing in ØD7pne ,T oecember 8,2024 My Commission Expires /c2 /o /20d_S ACCEPTED: Ü'-.City na ATTEST: City Clerk o STATE OF MONTANA ) )ss. County of Gallatin ) On this ))day of M drm ,2011,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 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 firstabove written. (S ) TAYLOR CHAMBERS Notary PublicofortheStateofMontanaNbtaryublicfÈIrtheStateofMontana nesjeing atSEAL.Bozernan,Montana My Commission Expires:.January 12,2025(Printed Name) Residing at Bozeman,Montana My Commission Expires:01/|2 /20 BEGINNIN EXHIBIT A -- -._._..___ 5°00'00 A 30'-WIDE STORM EASEMENT ALL WITHIN TRACT A-1 OF 112.26, THE CORRECTED CERTIFICATE OF SURVEY No. I827A, N90°00'00"E 70 N90°00'00"E 222.71 SITUATED IN THE SEl/4, OF SECTION 26, TOWNSHIP 1 .. ........ ... ..... ..... ... .. . . SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF ___ ._____ _-- . BOZEMAN, GALLATIN COUNTY, MONTANA. 30.00 STORM EASEMENT N20°16'31"E . -- s20°1s 3 2s.8s LEGEND N89°42'18"E . EXISTING STORM EASEMENT TO BE ABANDONED ' GRAPHIC SCALE 1 INCH = 50 FT ,,Morrison , °-eso~v ° Ma erle -- .ngin..rs .surv.yors -planners -sci.ntists PROPOSED STORM WATER EASEMENT EX A