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Home My WebLink About019 Public Sewer and Water Pipeline and Access Easement Blackwood Groves Sewer Pipeline & Access Easement Page 1 of 3 Return to: City of Bozeman City Clerk’s Office PO Box 1230 Bozeman MT 59771-1230 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT FAC Blackwood, LLC, the GRANTOR(S), in consideration of One Dollar and other good and valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain approximately 1,087 LF (sewer) and 1,219 LF (water) pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water and sewer in, through, and across a strip of land situated in Gallatin County, Montana, to be located on the following described real property: Blackwood Grove Subdivision Phase 1 & 9, Section 24, Township 02 South, Range 05 East, Block 1, Lot 1 and Block 13, Lot 1 The easement is more particularly shown on the attached EXHIBIT A – WATER AND SEWER EASEMENT which by this reference is made a part hereof. 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 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 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 Water & Sewer pipeline, 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 Blackwood Groves Sewer Pipeline & Access Easement Page 2 of 3 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 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 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 , 2024. GRANTOR – FAC BLACKWOOD, LLC By: its: ___________________________ STATE OF _____________ ) )ss. County of ______________ ) On this day of , 2024, before me the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be of ___________ and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. _______________________________________ (Printed Name) (SEAL) Notary Public for the State of _______________ Residing at _____________________________ My Commission Expires ___________________ Blackwood Groves Sewer Pipeline & Access Easement Page 3 of 3 ACCEPTED: __________________________ CITY OF BOZEMAN by __________________________ City Manager ATTEST: City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this ________ day of ___________________, 2024, before me, a Notary Public for the State of Montana, personally appeared ____________________ and ___________________, 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. Notary Public for the State of Montana (SEAL) (Printed Name) Residing at My Commission expires / /20 BLO C K 1 VICTORIA ST.CANTER AVE.SOUTH 19TH AVE(M) S01°02'09"E, 540.62'(R) 540.59(M) S88°58'49"W, 389.74' (R) 389.83(R) 540.59(M) N01°15'09"W, 540.65'(R) 391.82 (M) N88°59'02"E, 391.78' S88°46'31"W, 247.71' S88°46'31"W, 190.56'S01°14'57"E, 451.67'S01°14'57"E, 400.80'L 1 L2 L 3L4 L5 20.00 105.88 233.86 105.79(R) 298.00 LOT 1 Line Table Line No. L1 L2 L3 L4 L5 Length 25.15 13.89 22.91 20.98 14.70 Bearing S46°13'28"E N88°46'32"E S46°18'20"E S1°14'48"E S88°46'27"W 30.00 28.3920.00 606060 60 30.00' SHEET 1 OF 2 K:\Bozeman\Fourth Avenue Capital\2023531 Blackwood Grove Blk 1 & 13 Site Plan\05CAD\References\SurveyCAD\Easements\23531 EXHB-ESMT.dwg 8.5X14 PORTRAIT 9/11/2024 8:31:39 AM PREPARED FOR PREPARED BY 9 SOUTH WASHINGTON STREET STE 515 SPOKANE, WA 99201 ENG INEERI NG WATER AND SEWER EASEMENT GALLATIN COUNTY, MT BLACKWOOD GROVES BLOCK 1 & 13 FAC BLACKWOOD LLC DESIGNED BY: DRAWN BY: CHECKED BY: DATE: JW JT JZ 9/11/24 0 SCALE: 1" = 80' 80'40' 895 TECHNOLOGY BLVD., SUITE 203 BOZEMAN, MT 59718 (406) 624-3910 www.wwcengineering.com MEASURED DISTANCE BOUNDARY THIS SURVEY BLACKWOOD GROVES SUB. PH. 1& 9 (DOC. NO. 2787235) (M) (R) ADJACENT BOUNDARY FOUND 5/8" REBAR W/ YELLOW PLASTIC CAP (C&H ENGR 9518ES) OR AS NOTED NEW EASEMENT LINE NEW EASEMENT AREA FOUND 5/8" REBAR W/ 1.5" ALUMINUM CAP (C&H ENGR 9518ES) LEGEND: EASEMENT EXHIBIT A WATER AND SEWER EASEMENT LOCATED IN LOT 1, BLOCK 1 BLACKWOOD GROVE SUBDIVISION PH. 1 & 9 IN THE SW1/4 OF SEC.24, T.02S., R.5E., P.M.M., GALLATIN COUNTY, MONTANA CERTIFICATE OF SURVEYOR I HEREBY CERTIFY THAT THIS SURVEY CORRECTLY REPRESENTS WORK PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE:______________ DATE OF FIELD SURVEY: 11/9/2023 TOTAL EASEMENT AREA 21123 SQ. FEET OR 0.485 ACRE NOTE: 1)THIS SURVEY DOES NOT CREATE AN EASEMENT. THIS SURVEY IS TO BE REFERENCED FOR POSITIONAL AND GRAPHICAL PURPOSE ONLY. BASIS OF BEARING Rocky Mountain Coordinate Reference System "BOBCAT" LDP Lambert Conformal Conic Projection (Single Parallel) Project Origin Location: Latitude = N46°15'00.00000" Longitude = W111°15'00.00000" All distances shown hereon are ground distances in units of international feet. Scale Factor = 1.0001850000 jake k.ziska No. 18636LS DRAF T BLOCK 13VICTORIA ST. (M) S88°58'49"W, 389.74' (R) 389.83 S 4 6 ° 1 4 ' 5 7 " E , 9 4 . 2 9 'S01°14'57"E, 253.65'N88°45'18"E, 165.46' N88°45'03"E, 151.48'S01°04'01"E, 155.08'S88°55'59"W, 203.94' S88°55'59"W, 165.75' 20.00 105.88 233.86 L6L 7 L8 L9L10L11 (R) 298.00 (M) N88°58'49"E, 297.97'(M) S01°02'09"E, 437.38'(R) 437.43(M) S88°38'52"W, 298.07' (R) 298.00(R) 439.19(M) N01°01'23"W, 439.11'SOUTH 19TH AVEL12101.1895.85233.0234.95 180.33LOT 1 Line Table Line No. L6 L7 L8 L9 L10 L11 L12 Length 67.41 40.63 14.13 25.79 63.05 29.42 79.96 Bearing S1°14'57"E S46°14'57"E N88°42'32"E N1°10'04"W S1°03'11"E S88°45'03"W S1°14'57"E 30.0030.00 30.0130.00 606060 LEGEND: EASEMENT EXHIBIT A WATER AND SEWER EASEMENT LOCATED IN LOT 1, BLOCK 13 BLACKWOOD GROVE SUBDIVISION PH. 1 & 9 IN THE SW1/4 OF SEC.24, T.02S., R.5E., P.M.M., GALLATIN COUNTY, MONTANA CERTIFICATE OF SURVEYOR I HEREBY CERTIFY THAT THIS SURVEY CORRECTLY REPRESENTS WORK PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DATE:______________ DATE OF FIELD SURVEY: 11/9/2023 TOTAL EASEMENT AREA 23791 SQ. FEET OR 0.546 ACRE NOTE: 1)THIS SURVEY DOES NOT CREATE AN EASEMENT. THIS SURVEY IS TO BE REFERENCED FOR POSITIONAL AND GRAPHICAL PURPOSE ONLY. BASIS OF BEARING SHEET 2 OF 2 K:\Bozeman\Fourth Avenue Capital\2023531 Blackwood Grove Blk 1 & 13 Site Plan\05CAD\References\SurveyCAD\Easements\23531 EXHB-ESMT.dwg 8.5X14 PORTRAIT (2) 9/11/2024 8:50:55 AM PREPARED FOR PREPARED BY 9 SOUTH WASHINGTON STREET STE 515 SPOKANE, WA 99201 ENG INEERI NG WATER AND SEWER EASEMENT GALLATIN COUNTY, MT BLACKWOOD GROVES BLOCK 1 & 13 FAC BLACKWOOD LLC DESIGNED BY: DRAWN BY: CHECKED BY: DATE: JW JT JZ 9/11/24 0 SCALE: 1" = 80' 80'40' 895 TECHNOLOGY BLVD., SUITE 203 BOZEMAN, MT 59718 (406) 624-3910 www.wwcengineering.com MEASURED DISTANCE BOUNDARY THIS SURVEY BLACKWOOD GROVES SUB. PH. 1& 9 (DOC. NO. 2787235) (M) (R) ADJACENT BOUNDARY FOUND 5/8" REBAR W/ YELLOW PLASTIC CAP (C&H ENGR 9518ES) OR AS NOTED NEW EASEMENT LINE NEW EASEMENT AREA FOUND 5/8" REBAR W/ 1.5" ALUMINUM CAP (C&H ENGR 9518ES) Rocky Mountain Coordinate Reference System "BOBCAT" LDP Lambert Conformal Conic Projection (Single Parallel) Project Origin Location: Latitude = N46°15'00.00000" Longitude = W111°15'00.00000" All distances shown hereon are ground distances in units of international feet. Scale Factor = 1.0001850000 jake k.ziska No. 18636LS DRAF T