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