HomeMy WebLinkAbout23 - Easement Type Unknown - 8FC, LLC - Norton East Rach Subdivision Phase 6, Lot R1A & R1B Return to: 2800049
City of Bozeman Fee $40.00
Page 3 of 5 Oa12612023 t2 55 06 PM
IIIIIIIIINIlI11111111111UIIfIIINlllllll111lIIIiIiIIll11111l11111111111111111111 MISC
City Clerk IN
PO Box 1230
Bozeman, MT 59771-1230
SANITARY SEWER PIPELINE ACCESS EASEMENT AND AGREEMENT
8FC, LLC , the GRANTOR(S), in consideration of
`F1.,00, and other good and valuable consideration, receipt of which is acknowledged,
grant(s) to the City of Bozeman, a municipal corporation of the State of Montana, with offices at
121 North Rouse Avenue, P.O. Box 1230, Bozeman, Montana 59771-1230, GRANTEE, its
successors and assigns, a perpetual easement to lay, construct and maintain Sanitary Sewer
Facilities with the usual services, valves, connections, accessories, impoundments and
appurtenances for the purpose of transmitting sewage in and through, and across a strip of land
situated in the City of Bozeman, Gallatin County, Montana, located on the following described
real property:
Said easement located within Lot R 1 A and Lot R I B of the Norton East Ranch Subdivision Phase
6 Plat J-694 and recorded as Document No. 2747247 of the records on file in the office of
Recorder, Gallatin County, Montana, located in Southwest One Quarter of Northeast One
Quarter of Section 9, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman,
Gallatin County, Montana, said easement being graphically illustrated on the Exhibit "B"
attached hereto and by this mention made a part hereof and being more particularly described as
follows:
Sanitary Sewer Facilities Easement as shown on Exhibit "B"
Beginning at the Northeast Corner of Lot 1 of said Norton East Ranch Subdivision Phase 6;
thence North 89°31'19" East along the north line of said Southwest One Quarter of Northeast
One Quarter of Section 9, a distance of 322.16 feet to a point on the south right of way line of
Vaughn Drive, said point being the beginning of a curve to the right having a radius of 170.00
feet a central angle of 0°54'27" and an arc length of 2.69 feet and being subtended by a chord
which bears South 70°16'34" East, a chord distance of 2.69 feet; thence South 69°49'30" East a
distance of 92.10 feet; thence South 78°36'20" West a distance of 324.58 feet; thence North
87°48'04" West, a distance of 213.67 feet to a point on the east right of way line of Laurel
Parkway; thence North 02°1 1'57" East along said east right of way line, a distance of 30.00 feet
to the Southwest Corner of said Lot 1; thence South 87°48'03" East, a distance of 120.00 feet to
the Southeast Comer of said Lot 1; thence South 87°48'03" East, a distance of 90.09 feet; thence
North 78036'20'' East, a distance of 183.49 feet; thence South 89031'19" West, a distance of
270.16 feet to a point on the east line of said Lot I of the Norton East Ranch Subdivision Phase
6; thence North 00°28'41" West, a distance of 30.00 feet to the Point of Beginning.
Storm Drainage Facilities Easement contains 0.58 acres, more or less.
The described easements are subject to and together with all rights of way and easements of
record and / or use or otherwise legally exist.
The easement is more particularly described oil the attached Exhibit "B" which by this reference
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 route and location of the easement and the
pipeline 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
2800049 Page 2 of 5 04/28/2023 1 2:55:06 PM
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 Sanitary Sewer Facilities(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
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 backtilled areas may be mounded sufficiently to prevent the
fonnation 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 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 casement where at the City's discretion such access is required for
operation and maintenance purposes.
(4) The GRANTOR(S) warrants that they arc lawfully seized and possessed of the real
property described above, that they have a lawful right to convey the property, or any part
2800049 Page 3 of 5 04/28/2023 1 2:55:06 PM
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 / , 20 Z3 .
LANDOWNER
i
8FC, LLC
Title: `-
' -�1�YJf�lyry��
CORPORATE
STATE OF MONTANA )
ss.
County of Gallatin )
On this _1P day of A,- t , 20 7-:2, , before me the undersigned, a
Notary Public for the State of Montana, personally appeared, ?CLAD yy 1.; b _
known tome to be theea"CL!:��ac, of 8F•e, L4 r_
and the person whose name is sutscrtbed to the within instrument and acknowledged to me that
he executed the within instrument for and on behalf of b t=c L—
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seat the
day and year first above written.
,M CYNTHIA M EDGMOND
{SEAL) � °c `' Notary Public
Noy^'�'R<� for the State of Montana
ic
= Residing at:
SN;At NT Bozeman, Montana
Notary Public for the State of Montana ' ^ ? fvty Commi n Expires,
Decembp 2024
(Printed Name)
Residing in CDZc,,nar�, M1
My Commission Expires i Z. / 0Z /20 Z44
r 2800049 Page 4 of 5 04/28/2023 1 2:55:06 PM
ACCEPTED:
. 13 CITY OF B jZEW
BY4!�4 A
C ty ger
ATTEST:
7 - - �
City Clerk �T' •........• or
lY co. M
STATE OF MONTANA )
) ss.
County of Gallatin )
4
On this�—day of 4 , 20Q before me, a Notary Public for
the State of Montana, personally ipp,cared JEFF 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.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day
and year first above written.
"Hu" JULIE HUNTER
(SEAL) :'�JJ�' NTFq`i Notary Public
for the State of Montana
- — = Residing at:
i�.SEAL• Bozeman, Montana
)' MY Commission Expires:
9 P
Notary P lie or, the State f Mont na OF June June 11, 2025
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: 10-/�L —/202
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