HomeMy WebLinkAbout23 - Easement Type Unknown - Bozeman 2 RE LLC - STRATFORD ANNEXATION Return after reeo in to:
Bozeman 2 LC 2800702
Attn: D D. Manson Er9c SeXad - Ga5la0inCC03",12 6J3 PM Fee
IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII 00
600 ain MISCSC
Xtte, MT 59701
Moturn to:
'its;' of Bozeman
city GIefk
PO Rex 030
gow,_MOr, )AT 59771-1230
WATER PIPELINE ACCESS EASEMENT AND AGREEMENT
Bozeman 2 RE LLC, a Montana limited liability company (the "GRANTOR"), in
consideration of $1.00 and other good and valuable consideration, receipt of which is
acknowledged, grants to The City of Bozeman (the "GRANTEE"), its successors and assigns, a
perpetual easement thirty (30) feet in width, to lay, construct and maintain a water line
approximately 268 linear feet in length, with the usual services, valves, connections, accessories
and appurtenances for the purpose of transmitting water in, through, and across a strip of land
owned by GRANTOR situated in Gallatin County, Montana, to be located on the following
described real property:
A tract of land in the Southeast Quarter of the Southwest Quarter
(SE'/4SW1/4)of Section Eleven(11), Township Two (2) South, Range
Five (5) East, M.P.M., Gallatin County, Montana, and described as
follows: Beginning at a point on the North line of the South Half(S``/z)
of the Southwest Quarter (SW`/4) of said Section Eleven (11), which
point is South 89'23'14"West,a distance of 200.00 feet from the East
one-sixteenth (E 1/16) Corner of the Southwest Quarter (SW'/4);
thence South 00'15'00' West parallel to and 200 feet West of the East
line of said Southwest Quarter (SW'/4), a distance of 459.54 feet to
the Northwesterly right of way line of the 60 foot frontage of U.S.
Highway 191 as now layed out and constructed, said point being
+10.0 feet northwesterly when measured at right angles to the
centerline of station 336 + 40.85; thence South 42°21'30" West on
and along said frontage right of way a distance of 232.73 feet to the
point of curve of the frontage road,which point is northwesterly 110.0
feet when measured at right angles to the centerline point of tangent
station 334 + 18.0 ahead = Station 287 + 40.0 back; thence a
southwesterly direction along the curve having a radius of 1800.0 feet
and through a central angle of 00°32'59", a distance of 17.28 feet;
thence North 24007'00" West, a distance of 199.01 feet to a point
450.0 feet West of the East line of said Southwest Quarter (SW'/4);
thence North 00015'00" East,450.0 feet West and parallel to the East
2800702 Page 2 of 6 05/10/2023 12:36:33 PM
line of said Southwest Quarter (SW'/4), a distance of 459.54 feet to
the North line of said South Half (S'/2) of the Southwest Quarter
(SW'/4); thence North 89°23'14" East on and along said North line, a
distance of 250.00 feet to the point of beginning.
(Plat Reference: Film 11, Page 447, records of Gallatin County,
Montana).
Deed Ref.: Document 2715444.
The location of the easement within GRANTOR'S property 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, and its and their agents and employees, to enter 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 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; and,
(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.
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said water pipeline, it will repair or
replace, at its sole expense, or pay to GRANTOR the reasonable value of any damages to
pavement or other appurtenances owned by GRANTOR to the extent the same may be
disturbed by GRANTEE's activities within the easement.
(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
2800702 Page 3 of 6 05/10/2023 12:36:33 PM
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. It will compact the trench to applicable
compaction standards for a parking lot. And, it will leave the finished surface in
substantially the same condition as existed prior to the beginning of operations.
THE GRANTOR AGREES:
(1) At no time will it build, construct, erect or maintain any permanent structure within the
boundaries of the easement, except for a parking lot and associated structures, without the
prior written consent of GRANTEE.
(2) At no time will it 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 GRANTEE's discretion such access is required for
operation and maintenance purposes, provided the same does not interfere with
GRANTOR's business operations.
(4) The GRANTOR warrants that it is are lawfully seized and possessed of the real property
described above, and that it has the lawful right to grant the easement provided herein.
(5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted
without any interruption by the GRANTOR. Provided,however,that any construction and
maintenance activities conducted by the GRANTEE shall not unreasonably interfere with
GRANTOR's business operations on the subject property.
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.
2800702 Page 4 of 6 05/10/2023 12:36:33 PM
DATED this 14th day of April, 2023.
GRANTOR:
Bozeman 2 RE LLC
By 19 -/-,�
Daniel J. e eally
Manager
STATE OF MONTANA )
ss.
County of Silver Bow )
The foregoing instrument was acknowledged before me this 14th day of April, 2023, by
Daniel J. Kenneally in his capacity as Manager of Bozeman 2 RE LLC.
(SEAL) AMAVA)k -
JILL HAMRY Notary Public
NOTARY PUBLIC for the
State of Montana
SEAL Residing at Butte,Montana
A My Commission Expires
OF May 16,2024
GRANTEE:
CITY OF B EMAN
By
Jeff Mihelich
City Manager
ATTEST:
Mike aas
Ci Clerk
r
2800702 Page 5 of 6 05/10/2023 12:36:33 PM
ACCEPTED:
BO Cl OF
BY
C~�• •,`� Ci ager
ATTEST: * ` x
1PC':_- :aA41 �j %
City Jerk ...........
co: c
STATE OF MONTANA )
ss.
County of Gallatin )
On this day of mom- , 20 Z, before me, a Notary Public for
the State of Montana, personally appe ed 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day
and year first above written.
" JULIE HUNTER
(SEAL) ►v J� HUNlFO'- Public
> , . .q <; Notary
NOTAgIAC• s for the State of Montana
Residing at:
;.SEAL er Bozeman, Montana
z_
L A T
N t blic fort e State f Montana 9'� ',;,o "' My Commission Expires:
�' I'e. V L Q June 11,2025
`Fe/V
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: _L/ H /20-7=5
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EXHIBIT A
LOCATED IN THE SE 1 OF THE SW' SECTION 11,
TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN,GALLATIN COUNTY, MONTANA
1.5" AC
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SHOT PIVOT (BSP— TYP)
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z y w N89o235 E COS 11 Fm., Pg. 447 W
� 27.95' 3.16 AC =o
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_ RESOLUTION#1047, O o
z N01 J38 46 E 55 FM.524 W a y
30.03" 1
cv 224,qz"Ngyy o
EASE
_ o 8,518.39 pr. AREq.� ` N
W SB9 02'J5""W OF NEW OR 0.20 gCRE
26.36' — �V WATER L(N S
E
(P.O.B.) Wv
h tq .•••''......•0 N794225"W
o .•••�,PO N T;4 V o ••%• 196.85'
o BRIAN +� 00
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_ 0 N10.1541 E
REBAR . 0 7 84 I�SI 35.18' YO
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N79 44"19"'W
• O• SJ .• 17.74'
��••.Nt. LAND 00,00 PRIVATE SERVICE
EASEMENT DESCRIPTION.' 00'•••••••00 LINES
A WA7ER PIPELINE ACCESS EASEMENT LOCATED WITHIN THE SOUTHEAST ONE—OUARTER OF THE \_ S434739"W
SOUTHWEST ONE-QUARTER OF SECTION t1, TOWNSHIP 2 SOUTN, RANGE 5 EAST, P.M.M., CITY OF 24.66'
BOZEMAN, GALLA77N COUNTY MONTANA, OVER AND ACROSS 7HE TRACT DESCR/RFD ON COS FA[11, PG
447, RECORDS OF GALLATIN COUNTY CLERK AND RECORDER, BEING MORE PARTICULARLY DESCRIBED AS MAC NAIL W/
Fa LOWS C&H SHINER
BEGINNING AT A POINT(P.O.B.) WHICH BEARS NORTH 013846'EAST A DISTANCE OF 51.24 FEET FROM
THE SOUTHWEST CORNER OF COS FM 11, PG 447,-
• 7HENCF ALONG THE W£ST LINE OF SAID COS, NORTH 013B46'EAST A DISTANCE OF 30.03 FEET,•
• THENCE LEAVING SAID WEST LINE AND CON77NUIAIC NORTH 8901 J5"EAST A DISTANCE OF 27.95 BASIS OF BEARING:
FEET, BASIS
SOLUTION VIA MTSU CORS:
• 7HENCE S0U7H 794225•EAST A DISTANCE OF 224.42 FEET TO A POINT ALONG THE EAST LINE OF MONTANA STATE PLANE 2500
SAID COS,' NAD83(CONUS,MOLODENSKY)
• THENCE RUNNING ALONG THE EAST LINE OF SAID COS SOUTH 01 J9 03" WEST A DISTANCE OF 45.10 GROUND PROJECTION AT CP100:
FEET,' LATITUDE:N45.673058519'
• THENCE LEAVING SAID EAST LINE AND CON71NUING ALONG THE SOUTH LINE OF COS FM.11, PG.447 LONGITUDE:W111.074217616'
ALSO BEING THE NORTHERL Y R16HT OF—WAY LINE OF HIGHWAY 191,• ELLIPSOID HEIGHT:4817.108
• 7HENCE ALONG SAID LINE SOUTH 43'4739 WEST A DISTANCE OF 24.68 FEET,' CONVERGENCE ANGLE:(-)1.0506'
• THENCE LEA NNG SAID LINE AND CONTINUING NORTH 79 44'19" WEST A DISTANCE OF 17.74 FEET VERTICAL DATUM:NAVDB8(GEOID 18)
• THENCE NORTH 10'1541'EAST A DISTANCE OF 3518 FEET,- 0 40' 80'
• THENCE NORTH 7942 25' WEST A DISTANCE OF 196.85 FEET,
• THENCE SOUTH 8902J5' WEST A DISTANCE OF 26.36 FEET TO 7RF POINT OF BEGINNING, CONTAINING
8,51839 SOFT OR 0.20 ACRES SCALE IN FEET
�pNEff STAHLY ENGINEERING &ASSOCIATES ACCESS AND UTILITY EASEMENT FIELD:
PROFESSIONAL ENGINEERS&SURVEYORS EXHIBIT DRAWN: BK
www.seaeng.com PROJ.#2034-00180-(BOZEMANN2W MAINSRE; CHECKED:
STi ai�TFiT i LY 2707 W.MA ST DATE: 11_14_22
2223 MONTANA AVE. 3530 CENTENNIAL DR. 851 BRIDGER DR. STE. 1 BOZEMAN MT
,��"O + STE. 201 HELENA, MT 59601 BOZEMAN, MT 59715 PREPARED FORBILLINGS• MT 59101 Phone,(406)442-8594 Phone:(406)522-9526 TO WN E SHEET
PhonMP
e:(405)601-4C55 F..(406)442-8557 Foc(406)522-9528 6mS MAIN Si 1 OF 1
BUTTE.MT 59701