HomeMy WebLinkAbout007d Storm Pipeline and Access Easement and AgreementRETURN RECORDED DEED TO:
Bozeman City Clerk
PO Box 1230
Bozeman, Mt 59771-1230
STORM PIPELINE AND ACCESS EASEMENT AND AGREEMENT
2B Holdings, LLC, a Montana limited liability company, with a mailing address of 7555 Cottonwood Road, Bozeman,
MT 59718, the GRANTOR, in consideration of $1.00 and for other and valuable considerations, receipt of which is
acknowledged, grants to The City of Bozeman, a municipal corporation of the state of Montana, with offices at 121
North Rouse Avenue, Bozeman, Montana 59715, the GRANTEE, its successors and assigns, perpetual easements to
lay, construct and maintain Storm Drainage Facilities with the usual services, valves, cones, accessories and
appurtenances for the purpose of transmitting Storm Water in through and across portions of the following described
property situated in the City of Bozeman, Gallatin County, Montana:
Tract 2 of COS 1996, located in the Northwest ¼ of Section 23, Township 2 South, Range 5 East of P.M.M.,
Gallatin County, Montana.
The easements are more particularly described and dimensioned on the attached Exhibit A which by this reference is
made a part hereof.
This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns their agents and
employees, to access always 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 routes and
locations of the easements and the pipelines and to:
(1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain impoundments,
pipelines, services, connections, accessories, and appurtenances.
(2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the boundaries of said
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 said Storm Water Drainage facilities.
(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 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 Strom Pipeline Easements, 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
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
settlement has taken place.
THE GRANTOR 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 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 warrants that they are lawful seized and possessed of the real property above, that they have
a lawful right to convey the property, or any part of it, and that they will forever defend the title of this
property against the claims or all persons.
(5) 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 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___.
GRANTOR, 2B Holdings, LLC, a Montana limited liability company.
_________________________________________
By: ______________, _________________
STATE OF MONTANA )
:ss
County of Gallatin )
This instrument was signed or acknowledged before me on this ____ day of _____________, 20__, by
_______________as ________________ of 2B Holdings, LLC. a Montana limited liability company.
(SEAL) ____________________________________
Notary Public for the State of Montana
Printed Name: _______________________
Residing at __________________________
My commission expires________________
Dated this _____ day of _________________, 20___.
ACCEPTED – CITY OF BOZEMAN
________________________________________
By: Chuck Winn, Acting City Manager
ATTEST:
________________________________________
By: Mike Maas, its City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this _________ day of _____________, 20___, before me, a Notary Public for the State of Montana, personally
appeared CHUCK WINN and MIKE MAAS, known to me to be the Acting 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________________
FO
N89° 17' 16"E 1341.25'S0° 00' 24"W 668.78'S89° 27' 18"W 1339.22'N0° 09' 50"W 664.85'N84° 25' 54"E 88.18'
S0° 09' 50"E
75.92'
S89° 17' 16"W 87.14'
N0° 42' 44"W 68.45'
S0° 29' 16"E 37.20'
N89° 30' 44"E 61.74'
N0° 29' 16"W 14.33'
N51° 00' 20"E 36.88'
S89° 27' 18"W 90.60'
S89° 17' 16"W 49.51'
S0° 42' 44"E 35.62'
N0° 42' 44"W 13.29'
N58° 40' 50"W 42.57'
N89° 27' 18"E 85.60'
N89° 27' 18"E 24.50'
S0° 32' 42"E 72.68'
N0° 32' 42"W 72.68'
S89° 27' 18"W 24.50'
TRACT 2
20.515 ACRES
#1 #2
#3
#4 #5
S40° 11' 38"E 77.74'
N89° 17' 16"E 343.72'N89° 17' 16"E 284.67'
S78° 17' 27"E
141.34'
S89° 27' 18"W 520.01'S89° 27' 18"W 267.44'
60' PUBLIC STREET AND UTILITY
EASEMENT PER SEPARATE DOCUMENT
60' PUBLIC STREET AND
UTILITY EASEMENT BY
SEPARATE DOCUMENT
10' UTILITY EASEMENT BY
SEPARATE DOCUMENT (TYP.)
30' PUBLIC STREET AND UTILITY
EASEMENT BY SEPARATE DOCUMENT
N0° 42' 44"W 70.97'
S0° 42' 44"E 58.63'
S89° 17' 16"W 13.50'
S35° 00' 01"W 15.20'
N89° 17' 16"E 22.38'FOWLER LANE#6
#7
N0° 00' 00"E
137.36'
N89° 17' 16"E 125.47'
N0° 42' 44"W 48.66'
N20° 42' 44"W 39.99'
N0° 42' 44"W 51.11'
N89° 17' 16"E 140.86'
N18° 55' 53"E 83.04'
N0° 42' 44"W 59.15'
N89° 17' 16"E 50.08'
S0° 42' 44"E 82.00'
S89° 17' 16"W 78.00'
10' UTILITY EASEMENT BY
SEPARATE DOCUMENT (TYP.)
S55°
5
2'
5
0"
W
1
9
5.
3
1'
0 150'300'
SCALE 1" = 150'
STORM PIPELINE AND ACCESS EASEMENT
EXHIBIT A
N
LEGEND
SUBJECT PROPERTY BOUNDARY
ADJACENT PROPERTY BOUNDARY
SETBACK
EASEMENT
PROPOSED STORMWATER EASEMENTS
TRACT 2 OF COS 1996
LOCATED IN THE NW 1
4 OF SECTION 23,
TOWNSHIP 02 SOUTH, RANGE 5 EAST, P.M.M.
GALLATIN COUNTY, MONTANA
BENNETT
BLVD
MORGAN
BILLS
NO. 61745 LS
DESNECI
L ROYEVRUS DNALMO N TANA
CERTIFICATE OF SURVEYOR
I, Morgan Bills the undersigned Professional Land Surveyor, do
hereby certify that on April 24, 2024 this exhibit was created by
me, or under my supervision, that the information shown hereon
is true and correct to the best of my knowledge,
Dated this day of 2024.
_______________________________
Morgan Bills, PLS
Montana Registration No. 61745 L.S.
50' PUBLIC STREET AND UTILITY
EASEMENT PER DOC. #___________
PARK
TOTAL AREA OF EASEMENT #1:
6,315 SQ. FT.
0.145 ACRES
TOTAL AREA OF EASEMENT #2:
9,663 SQ. FT.
0.222 ACRES
TOTAL AREA OF EASEMENT #3
18,308 SQ. FT.
0.420 ACRES
TOTAL AREA OF EASEMENT #4
2,173 SQ. FT.
0.050 ACRES
TOTAL AREA OF EASEMENT #5
2,630 SQ. FT.
0.060 ACRES
TOTAL AREA OF EASEMENT #6
1,781 SQ. FT.
0.041 ACRES
TOTAL AREA OF EASEMENT #7
1,367 SQ. FT.
0.031 ACRES