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Home My WebLink AboutPhase 2 Water Pipeline Access Easement RETURN RECORDED DOCUMENT TO: Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Gallatin Mall Group, LLC, a Montana limited liability company, with a mailing address of 2280 Grant Road, Suite A, Billings, MT 59102-6696, the GRANTOR, in consideration of one dollar and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant to City of Bozeman, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771-1230, a Municipal Corporation of the State of Montana, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain treated water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting treated water in, though, and across a strip of land 30.00 feet wide situated in Gallatin County, Montana, to be located on the following described real property: Tract 1, Certificate of Survey No. 467A, located in the SW 1/4 of Section 11, Township 2 South, Range 5 East 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 pipelines and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipelines, valves, 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 pipelines; (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 pipelines 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 water 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 topsoil 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 pipelines 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 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 an easement on the property, or any part of it, and that they will forever defend the title to 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 \'` /- , 2023. GRANTOR: Gallatin Mall Group, L.L.C., a Montana limited liability company By: Steven J. ing, Ma a ' g Member STATE OF ) ss. County of ) This instrument was signed or acknowledged before me this IZ:�day of Ll-. 2023, by Steven J. Corning as Managing Member of Gallatin Mall Group, LLC, a Montana Limited Liability Company. (-\}�,Wv P�STI K Rq KRISTI K FAW pTAR/ �L Notary Public fore State of fY\ Orn+o.n^o, '� NOTARY PUBLIC for the * SEAL * State of Montana Printed Name: ►� 5�I W N Residing at Billings,Montana Residing at y�o, 9TFOF Moa�Pz� My Commission Expires M Commission Expires July 21,2023 Y p c�`t /fit/20� DATED this day of , 2023. ACCEPTED - CITY OF BOZEMAN By: Jeff Mihelich its City Manager ATTEST: By: Mike Maas, its City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this day of , 2023, 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, 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 O:\Bozeman\Candh\Ofcedata\CH\21\211237\Easements And Waivers\Drafts\Phase 2\2023.06.09_211237-Water Pipeline And Access Easement And Agreement 30'Wide.Doc LEGEND EXHIBIT A 10' PEDESTRIAN I I I EXISTING ACCESS EASEMENT WATER PIPELINE ACCESS AND EASEMENT AGREEMENT 30' SEWER I VALLEY/(BARNES AND NOBLE__ PROPERTY BOUNDARY LINE TRACT 1, CERTIFICATE OF SURVEY NO. 467A PIPELINE EASEMENT _---- - — SURROUNDING PROPERTY LINE — EASEMENT LINE EXISTING BUILDING d — —- — _-- 8"W PROPOSED 8' WATER MAIN GALLATIN VALLEY MALL ' _--- _ y EXISTING FIRE HYDRANT __r_ PROPOSED FIRE HYDRANT !---- _`'� _ — - ---- - �� 30' UTILITY EASEMENT EXISTING WATER VALVE _ --' 10' PEDESTRIAN �a PROPOSED WATER VALVE - - _ _ --30'UT EASEMENT ACCESS EASEMENT ® EXISTING CURB STOP — ® PROPOSED CURB STOP — n TY EASEMEN I I [S82'20'16"W] Qw PROPOSED WATER WELL 30.00 26720'18' �w EXISTING WATER WELL 3 UTILITY EASEM T PROPOSED BUILDING I WATER PIPELINE 10' UTILITY EA1141 T TRACT 1 ACCESS AND C.O.S. NO. 467A J EASEMENT AGREEMENT i�: „1 ; I 37.426 Acres LEGAL DESCRIPTION I � m $ r+ TRACT 1, CERTIFICATE OF SURVEY NO. 467A, 0' UTILITY EASE NT � IO LOCATED IN THE SW 1/4 SEC. 11, T. 2 S., R. 5 E., P.M.M., TO BE RELEAS�' I I J z CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA PROPOSEDLn AREA OF UTILITY EASEMENT = 14,839 SQ. FT., 0.3407 ACRES BUILDING 1V m N �I h P SOIL IS D �;'°2' / Scale In Feet � / V� 60 0 60 I I / / 18 0 18 ROPOSED ?, I Scale In Meters UILD G [ 1 9 2,� m 30. 1 p t��t�Y'1 09 T 26=2,06 PRELIM/NARY _ 30' UTILITY EASEMENT II 15, — .50827 2'°w — [ 2 42-06"E] 30' UTILITY EASEMENT too F�,.Ea,. sUa—� > — -C #2 7