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Home My WebLink About23 - Easement Type Unknown - Gallatin Valley Presbyterian Church - Diamond Estates Subdivision No 2, Phase 1 T-o T Y v 2797947 Page 1 of 4 03l2712023 12.44.13 PM Fee $32 00 Eric Semerad - Gallatin County, M7 MISC 11111111 IIIRI Ill 11111NIIIi IIIIII IN 11111111111111111111111111111IIIII41111111111 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Gallatin Valley Presbyterian Church .._, the GRANTOR(S), in consideration of $1 and other good and valuable consideration, receipt of which is acknowledged, grant(s) to City of Bozeman , GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain 190 LF (sewer) and 289 LF (water) pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewer and water in, through, and across a strip of land situated in Gallatin County, Montana, thi (30) feet wide to be located on the following described real property: Diamond Estates Subdivision No 2 Ph I Block 1 Lot 1 Plat J-360 The easement is more particularly described on the attached Exhibit A which by this reference are made a part hereof. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns 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 fulls of this grading into and on the land adjacent to that which is subject to this casement 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 sewer and water 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 2797947 Page 2 of 4 03/27/2023 1 2:44:13 PM 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 surl'ace in substantially the same condition as existed prior to the beginning of operations except that the surface ofbacklilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. THE GRANTOR(S) AGREES: (I) At no time will they build. construct. erect or maintain any permanent structure within the boundaries of said easement xvithout 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 casement 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. Kd DATED this 2 day of ��Gt✓t.� , 20 Z3 . Olkx 1.AVV^C 4 Cl�� GRANTO r`I�c�►^�'c✓ >�r�!-.cc✓c( ! w�� /feu-�b w 2797947 Page 3 of 4 03/27/2023 1 2:44:13 PM CORPORATE STATE OF MONTANA ) ) SS. County of Gallatin ) On this .2 day of Mc',c 201L, b fore me the undersimed, a Notary Public for the State of Montana, personally appeared, „tr�t�pw f�,�.�arrf ICr1wP_ known to me to be the /V p,. of&IL 1-4 IUal Pre>1rr�igri,�tf.�tr��lviAih{OIVYA and the person whose name is subscribed to the within instrument and acknowledged to me that f he executed the within instrument for and on behalfol' � ;,� �� pS ,rig,g(ltw� c�Y�Tr;.uh/ Cl,u�cft IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEA o",4 tYLEAl ., ANTHONY TYLER DOSHIER Notary Public .'aoiAArq�. =for the State of Montana ota ub for the State of Montana * Residing at: J .SEAL:��_ Bozeman, Montana ' ►v I�JD� L P' My Commission Expires: (Printed Nat >e 9 OF„'�` "' December t,2025 Residing in ./y My Commission Expires /2023 ACCEPTED: ' 0. C1 13 �E By U. - ,Jill ' City n• r ATTEST: ......... City Clerk Co ' STATE OF MONTANA ) Ss. County ol-Gallatin ) On this Z�day of / 20'23 before nic, a Notary Public for the State of Montana, personally appeared .IEFF 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 llerCunl0 set my hand and affixed my seal on the day and year first above written. LA" �41)I c P,&.114avla- V twi-�lr JULIE HUNTER J� F Notary Public des Y� �� , �� i �ypTARlq�9 =_for the State of Montana F� Residing ;�;-SEAIa.=Q= Bozeman, Mon tana 9 P My Commission Expires: vl W►►rm4S��i � �' June 11, 2Q25 2797947 Page 4 of 4 03/27/2023 1 2:44:13 PM EXHIBIT A DESCRIPTION OF A SEWER AND WATER PIPELINE EASEMENT LOCATED WITHIN THE SE4SW4 OF SECTION 3, TOWNSHIP 2 SOUTH,RANGE 5 EAST,P.M.M.,GALLATIN COUNTY,MONTANA FND 5/8" RB FND N88'33'25"W 615.04 YPC GASTON - - - - - - - - - - - - - - - - - - - - - - - - - - - - - IN IT — v - - — — ` 10' Utility Easement 25' Public Access Easement I Z per Plot J-360 per Doc. No. 2778583 588J243'E ,W IA I 10.00' Ip No127'17'E sa12r17""w f N � w _ _ ` 588:3243 E 700' 700' I o ; Q z I — — — — — — — 109.09' S88 32 43"£! Z o I — — — — — — — — — — — 143.73 o I v I a 60' Public Access and Utility r;,~ — +-— POB 0 Eosement per Doc. No. 2778584 �: .�,,.., f N0127"1iCJ — — — — W — — — — — ° 10.00' I + 30 00" N88 32'4J"fv So221 bs"W LOT f. BLOCK 1 262.J3' 30.00' I �, ' ? i� DIAMOND ESTATE SUBDIVISION N0.2, PffASE 1 20.00' J .. 10' Public Access Easement (DOC J-360) o I 20' Utility Eosement7, per Doc. No. 2778583 and Utility per Plat J-360 1 I Easement Per Plot J-360 N0276'00 E 624.73' FND YPC NF/NS LEGAL DESCRIPTION A Sewer and Water Pipeline Easement located within o portion Lot 1 in Block 3 of the Diamond Estates No.2, Phase 1 to the City of Bozeman, Gallatin County, Montano (Plot No. J-360), and further located within the SE4SW4 of Section 3, Township 2 South,. Range 5 East, Principal Meridian Montano, Gallatin County, Montano, and being more particularly described as follows: • Beginning at a point (POB), that bears S 02' 23' 05" W, a distance of 136.37 feet from the NE Corner of said Lot 1. and is on the east line of said Lot 1 and the West ROW of Ferguson Avenue: • thence continuing along said lines. S 02' 23' 05" W. a distance of 30.00 feet to o point: • thence leaving said line and ROW, N 88' 32' 43" W. o distance of 262.33 feet to a point: • thence, N 01' 27' 17' E, a distance of 30.00 feet to a point; • thence, S 88' 32' 43" E. a distance of 109.09 feet to a point; • thence, N 01' 27' 17- E. o distonce of 7.00 feet to a point: • thence, S 88' 32' 43" E, o distance of 10.00 feet to o point: • thence, S 01' 27' )7" W. a distance of 7.00 feet to a point; • thence, S 88' 32' 43" E, o distance of 143.73 feet to the POS, Said area being 7947 square feet or 0.18 acres more ar less, along with and subject to all easements of record. RTIFI AT F SQRVEYQR I, the undersigned, John R. Pugh, Registered Land Surveyor, do hereby certify that I surveyed the same as shown on the accompanying drawing and as described in accordance with the provisions of the Montano BASIS OF BEARING: Subdivision and Plotting Act, Section 76-3-101 through NGS CORS STATION ID "MTSU" 76-3-625. MCA, the City of Bozeman Municipal Code US STATE PLANE 1983 and Gallatin County Subdivision Regulations. MONTANA 2500 _'2Q 4 6 DA/,'r.h's oy of _ �_ r�' A.D., 2G23. JOHN R. NAD83 (CONUS, MOLODENSKY) �- 1 /f -T PUGH O GROUND PROJECTION AT: fc O 1- LS > - ------- ---- LATITUDE: 45'41'10.86957" N JoPughLONGITUDE: 111'05'35.93270" W Reion No.1 26LS %�� rCENSE� ELLIPSOID HT: 4740.49 sft 0 100' 200 !0rY qZ LAN CONVERGENCE ANGLE: (-)1'09 56 0 VERTICAL DATUM: NADV88 (GEOID 12A) SCALE IN FEET ""I, "I �1IEU/ STAHLY ENGINEERING&ASSOCIATES EXHIBIT A nELD 0e-0I-2022 PROFESSIONAL ENGINEERS A SURVEYORS SEWER AND WATER PIPELINE EASEMENT DnA%W ,v STAHLY www.seaeng.com cHECKm.Nu DATE: 02-20-2023 2223 uWANA AVE. 3530 CENTENNIAL DR. e51 BROGER DR. STE. 1 rHINK ONEnRINITY CHURCH PROJECT * T79 STE. 201 NELEH1 MT @sq. PO ,A 0 S2 397I3 SHEET '/.1�'Wv@; BEUNGS, vT 39101 P..e..v.(aC6NA2-596 POZEM N.MI TRINITY CHURCH "�LINIt --(,00601-+OS! Fw.(A0yk.2-M? ra:(•06)St2-912E 80ZEMAH,MONTANA '' O� ''