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Home My WebLink About059 Utility Easement to Boylan After Recording return to Bridger Creek Subdivision HOA P.O.Box 4592 Bozeman,MT 59771 UTILITY EASEMENT Bridger Creek Subdivision Community Association,Inc.with address of P.O.Box 4592, Bozeman,Montana 59771 as GRANTOR, in consideration of$ 1.00 and for other and valuable considerations,receipt of which is acknowledged,grants,subject to the restrictions stated herein, to the City of Bozeman, a municipal corporation of the State of Montana, with address of 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a utility easement for the use by the Tract being approximately 12 acres depicted and described on Certificate of Survey 885, in Section 31, Township 1 South, Range 6 East, Gallatin County Montana, (benefitted property) in, through, and across a parcel of land situated in Gallatin County, Montana, to be located on the following described real property commonly known as Private Park within Bridger Creek Subdivision Phase 1 in the specific locations depicted on the attached exhibits. The easement is more particularly described on the attached Exhibit A,which by this reference is made a part hereof. This easement shall not become valid and effective until such time as the benefited property has received final site plan approval from the City of Bozeman. Grantor grants to Grantee the right to utilize Thirty(30)feet in width,fifteen(15)feet on each side of the centerline described above,for purposes of constructing,maintaining and repairing a water pipeline and sanitary sewer pipeline. Immediately following the initial construction referred to herein,Grantee shall,at Grantee's sole cost and expense,cause to be removed from the above-described property,all debris,surplus material,and construction equipment and leave such property in a neat and presentable fashion and shall restore the disturbed area to its original condition,as determined by the sole and absolute judgment of the Grantor.After construction of the pipelines,Grantee shall be responsible for the repair, maintenance,and upkeep of the pipelines. In addition,Grantee acknowledges that the easement crosses a drainage swale and drainage pipe. As such,Grantee shall not take any action that will adversely impact either the quality or the flow of any surface or subsurface water. In all respects,Grantee shall comply with all applicable laws when constructing the pipelines. Grantee shall implement a weed management plan and re-seed all distributed areas. Grantee shall be responsible for obtaining all permits and licenses necessary for the construction of the pipelines. Grantor shall not take any action or allow the construction of any improvement that would inhibit the use of the water pipeline and sanitary sewer pipeline from the stated purpose of this easement. The perpetual easement granted herein shall be for repair,maintenances and replacement, as necessary. i Neither party may modify the size,scope or location of the easement without the prior written consent of both parties.Grantor is specifically not granting an easement to Grantee for ingress or egress,or any other purpose other than the pipelines described herein. If Grantee disturbs the surface(including,but not limited to paving)of the real property underlying the easement during the maintenance or repair of the pipeline, Grantee,at Grantee's sole cost and expense,shall restore the disturbed area to its original condition,as determined by the sole and absolute judgment of the Grantor. Grantee shall be responsible for obtaining all permits and licenses necessary for the maintenance and repair of the pipeline. Grantee shall defend, indemnify and hold harmless Grantor from and against all liabilities, demands, claims, losses, damages, causes of action or judgments, and all reasonable expenses incurred in investigating or resisting the same, whether foreseeable or unforeseeable, attorney's fees, costs, and expenses arising from or related to the construction, operation; maintenance and repair of the pipelines and Grantee's use of the easement. In the event it is necessary for either of the parties hereto to take any action,judicial or otherwise,to enforce the terms of this Easement,it is agreed that the easement shall be governed by,construed,and enforced in accordance with the laws of the State of Montana; is binding and inures to the benefit of the respective successors in interest and assigns;and the prevailing party shall be entitled to recover their reasonable attorney's fees and costs from the non-prevailing ply The GRANTOR states that it possesses the real property described above and that it has a lawful right to grant an easement thereon. 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 terms,covenants,and provisions of this easement shall extend to and be binding upon the heirs,executors,administrators,personal representatives,successors,and assigns of the parties hereto. DATED this day of ,2017. GRANTOR Bridger Subdivisi ommunity Association,Inc By: Sharyn alt, resident STATE OF MONTANA ) :ss. County of Gallatin ) On this g7day of 2017,before me,the undersigned,a Notary Public for the State of Montana,personally appeared Sharyn Anhalt,the President of Bridger Creek Subdivision Community Association,Inc.known to me to be the person whose name is subscribed to the within instrument,and acknowledged to me that she did execute the same on behalf of the corporation. IN WITNESS WHEREOF,I have hereunto set my and affixed my Notarial Seal the day and year first above written. (SEAL) A KARIN M JENNINGS otary Publi fo a State of ` M JENN ,'��• ''' �y' Notary Public for the State of Montana = Residing at: ` .SEAL Bozeman, Montana 2 OF My Commission Expires: Mo '' September 07,2020 (Printed Name) ACCEPTED: CITY OF BOZEMAN by City Manager ATTEST: City Clerk STATE OF MONTANA ) :ss. County of Gallatin ) On this day of 2017,before me,a Notary Public for the State of Montana,personally appeared and ROBIN CROUGH,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. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires_/ /20_ 3 EXHIBIT A A UTILITY EASEMENT,30 FEET WIDE,OVER AND ACROSS PRIVATE PARK OF BRIDGER CREEK SUBDIVISION PHASE 1, SITUATED IN THE SETA OF SECTION 31,TOWNSHIP 1 SOUTH,RANGE 6 EAST, PRINCIPAL MERIDIAN,GALLATIN COUNTY,MONTANA. PRIVATE l\ \ PARK `\ ------------ C.O.S.885 \ O POINT OF N BEGINNING \ 8"DRAIN \ PIPE LEGAL DESCRIPTION \ A Utility Easement,30 feet wide,over and across Private Park of \ Bridger Creek Subdivision Phase 1,situated in the SE114 of \ \\ Section 31,Township 1 South,Range 6 East,Principal Meridian, \ Gallatin County,Montana,the centerline of which is more \ particularly described as follows: Commenti at the Northeast comer of Certificate of Survey No. \\ 885,t ng hence S33.24TTE a distance of 237.00 feet along the \� \ Northeast line of Certificate of Survey No.M to the Pork of \ Beginning being the centedine of said Utility Easement;thence ` \ N43'00'S0'E a distance of 104.37 feet across the Private Park of Bridger Creek Subdivision Phase 1 to the Southeasterly PJW of Boylan Road;from which the point of curvature of the Southeasterly R/W of Boylan Road bears S46°5W27"E a distance of 71.87 feet. CERTIFICATE OF SURVEYOR i,Jon C.Wilkinson,Montana Professional Land Surveyor License No. 16411 LS,hereby certify that I conducted this easement survey. Dated this__?_�I1 day of HAKIt 2017. `��Nt51ttill;ryy/Ir Basis of Beating is Montana �k%#O Nt TAIj�h, State Plane Zone 2500 00 C Jon C.Wilkinson,PLS,CFedS Jon MT Reg.$15411LS _�. WILK;0---,';- Monisar Malede.Inc. Q; No.1 60 30 0 60 SCALE IN: FEET Morrison EXHIBIT A PMMEcr Nm eg7 eemmm.ert ,e Ma i e rl a •oeser.erzr APM BY:_M BOZEMAN MONTANA 208me •ng— ,..y— OM•nnen tt ft ft w«.nrmnal OAiE:Ovtatt FAME NUNM ca+w„•Nn�m.,.,..�>„ UTILITY EASEMENT FIG. I N:190egW1e1•CIIGMYL EASENB/TlfilYeleMYfM1tNff•EA6. ApIA aYr4Mo1CYOn W18rM11