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Home My WebLink About23 - Easement Type Unknown - DK Martinen,LLC - Westlakes Fourth Subdivision, Lot 1 & 2 2812892 furn to• Page: 1 of 7 10/10/2023 04:27:00 PM Fee: $56.00 Eric Semerad - Gallatin County, MT MISC �Ity of Bozeman ��IIIII��III IIIII IIIII IN IIII PY Clerk PO 13OX 1230 80zertlan, MT 59771-1230 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT DK Martinen, LLC.,the GRANTOR(S), in consideration of$ 1.00 and for other and valuable considerations, receipt of which is hereby 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, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sewer and 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,being variable in width, to be located on the following described real property: A strip of land located in a portion of Lot 1, and Lot 2, Block 1, Westlakes Fourth Subdivision, lying within the East Half of Section 1, Township 2 South, Range 5 East of the Principal Meridian Montana, County of Gallatin, State of Montana The easement is more particularly described 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 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 2812892 Page 2 of 7 10/10/2023 04.27.00 PM 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 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 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 backfilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. THE GRANTOR(S)AGREES: 2812892 Page 3 of 7 10/10/2023 04.27.00 PM (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��j� , 2023. GRANTOR(S) DK art' en, LLC. Kay H Martinen, Authorized Agent 2812892 Page 4 of 7 10/10/2023 04.27.00 PM STATE O ,—, YAAG County off ) On this day of �2�krza� �/ , 2023, before me the undersigned, a Notary Public for the Stat�oAV"MaTiEn—ein,p ersonally appeared, Kay Martinen, known to me to be the Authorized Agent of LLC., and the person whose name is subscribed to the within instrument and acknowledged to me that she executed the within instrument for and on behalf of DK Martinen, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. J 1 1 1 1 l i . %5E V 11, AL4 . (SEAL) �o.o�M.EXp %,9.V V js i i z NOTARY 01 • _ Notary Public for the State-6 �� (,�/u�jrir,;KL�� a• C, PUBLIC 0 : o. (Printed Name) �iij�iI WASN Residing in Y49 M.- My Commission Expires C�_/ _/1@E1S`. ACCEPTED: Cl OF v By a er ATTEST- City Clerk STATE OF MONTANA ) ) ss. County of Gallatin ) On this day of , 2023,before me, a Notary Public for the State of Montana, personally appeared 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 2812892 Page 5 of 7 10/10/2023 04.27.00 PM ACCEPTED: 0? CITWFZEM I� a® ' BYC it ATTEST: AV16 Naa's City Clerk V,WC-4110- STATE OF MONTANA ) ) ss. County of Gallatin ) On this I fi day of , 2023,before me, a Notary Public for the State of Montana,personally appeared 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. Jy�E HU/yA JUI.IE HUPJT;;�' �.••. Notary Pub (SEAL) _ :'NOT^R�q[ for the State of Montana _*0 :* Residing at: SEAL Bozeman, Bozeman, Montana �i pFP'` My Commission Expires: No a blic f r the Sta f Montana "" ''' Jung 11, 2025 (Printed Name) Residing at Bozeman, Montana My Commission Expires-& / l /20 Z5' 2812892 Page 6 of 7 10/10/2023 04.27.00 PM EXHIBIT A SEWER&WATER PIPELINE ACCESS EASEMENT LOTS 1 AND 2,BLOCK 1,WESTLAKES FOURTH SUBDIVISION, LOCATED WITHIN THE EAST HALF OF SECTION 1, TOWNSHIP 2 SOUTH,RANGE 5 EAST OF THE P.M.M., COUNTY OF GALLATIN,STATE OF MONTANA NORTH ............ . 0 50 100 ':F`O�`�UTy41•~ GRAPHIC :V DARRE ? •WpLTERSTORFF } ,29148L5 S.LINE HOMESTEAD Np i TOWNHOUSES,PHASE % s�/�Izrf i S88°44'45'E 99.95, QOF(gNp SV FOUND 5/9"REBAR FOUND 5/8"REBAR WITH 1-1/2"YPC Lg WITH 1-1/2"YPC "C&H ENGR 9518ES" 72.78' "C&H ENGR 9518ES" Si°07'28"W N1°07'28"E 39.48' LINE TABLE 50.39' s32°52'56"E 46.00' NO. BEARING LENGTH N32"52'40"W 45.97' L1 N88°48'32"1N 17.74' L2 S88"48'32"E 17.74' LOT 1,BLOCK 1 (REMAINDER) L3 saB'aa'aa^E 1oo.aa' WESTLAKES FOURTH L4 N60°54'16"E 8.12' SUBDIVISION L5 S88°48-36"E 108.19' r, L6 S8B°44'45"E 30.00' am rn m L7 S60°54'16"W 8.14' w v LB N88"44'48"W 21.03' Nn M L9 S46°11'21"W 18.77' z L10 N43°48'39"W 18.82' 60' Lll N88'44'48"W 30.94' L12 N88°53'16W 30.00' 27,505 SO.FT. LU — 0.631 AC FOUND 2"ALUM.CAP 0 p FOUND 5/8"REBAR STAMPED"RW ALLEN" BENT o m N88°17'59"W Z L4 294.60 N1°12'44"E L3 L5 48.54' o IL2 Lll L8 N88°48'36"W 130,07' _ N1°11'27"E 10.00, L1 o L7 COTTON M Ls WOOD ST L10 (60'R.O.W.) LOT 2,BLOCK 1 w WESTLAKES FOURTH 7 N N _ SUBDIVISION FOUND 5/8"REBAR WITH 1-1/2"YPC Z L12 "C&H ENGR 9518ES" 94.55' N88°53'16"W 505.73' FOUND 5/8"REBAR WITH OBLITERATED YPC LEGEND CERTIFICATE OF SURVEYOR: YPC=YELLOW PLASTIC CAP I, DARREN R. WOLTERSTORFF, DO HEREBY CERTIFY THAT THIS EXHIBIT WAS SURVEYED BY ME,OR UNDER MY SUPERVISION,AND BEARINGS ARE BASED ON MODIFIED THAT THE INFORMATION SHOWN HEREON IS TRUE AND CORRECT MONTANA STATE PLANE GRID BEARINGS. TO THE BEST OF MY KNOWLEDGE.DATED THIS }� —V20-7-3. Kilmley)))Horn DARREN R.WOLTERSTORFF, MONTANA REGISTRATION N0.29148L5 5200 5 5YRACUSE WAY,N 3W Tel.Na.(303)228-2300 GREENWOOOMLLAGE,COLORADO 80111 vlww.kimley-ham.com Salle I Omm by I Checked by Date I Pmieet No. Sheet No. 1'-lov CAD DRW I Aug.2m 090071002 1OF1 2812892 Page 7 of 7 10/10/2023 04.27.00 PM EXHIBIT SEWER & WATER PIPELINE ACCESS EASEMENT LOTS 1 AND 2, BLOCK 1, WESTLAKES FOURTH SUBDIVISION, LOCATED WITHIN THE EAST HALF OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST OF THE P.M.M., COUNTY OF GALLATIN, STATE OF MONTANA NORTH 50 100 • \ GRAPHIC SCALE IN FEET AR WOLTERSTORFF No 29►48LS S.LINE HOMESTEAD 's TOWNHOUSES,PHASE 1 S88°44'45"E A�Q•' • CENS'� 99.95' OR " • FOUND 5/8"REBAR •., .,q(�fp SV FOUND 5/8"REBAR WITH 1-1/2"YPC WITH 1-1/2"YPC L6 "C&H ENGR 9518ES" 72.78' "C&H ENGR 9518ES" S1°07'28"W N 1°07'28"E 39.48' LINE TABLE 50.39' S32°52'56"E I46.00' NO. BEARING LENGTH N32°52'40"W 45.97' L1 N88°48'32"W 17.74' L2 S88°48'32"E 17.74' LOT 1, BLOCK 1 L3 S88°44'48"E 100.44' (REMAINDER) WESTLAKES FOURTH L4 N60°54'16"E 8.12' SUBDIVISION L5 S88°48'36"E 108.19' r` L6 S88°44'45"E 30.00' rn I rn LO M L7 S60°54'16"W 8.14' w v L8 N88°44'48"W 21.03' M -cio cM L9 S46°11'21"W 18.77' z _ L10 N43°48'39"W 18.82' U) 60' L11 N88°44'48"W 30.94' Lu L12 N88°53'16"W 30.00' 27,505 SQ.FT. I 0.631 AC FOUND 2"ALUM.CAP 00 FOUND 5/8"REBAR STAMPED"RW ALLEN" BENT o N88017'59"W z c L4 294.60' N 1°12'44"E L3 L5 0 48.54' o IL2 L11 L8 N88°48'36"W 130.07' tD _ NI°11'27"E 10.00, L1 o L7 COTTON m L9 WOOD ST zn to L10 (60' R.O.W.) LOT 2, BLOCK 1 w WESTLAKES FOURTH ;;I- SUBDIVISION N _ SUBDIVISION FOUND 5/8"REBAR U) WITH 1-1/2"YPC "C&H ENGR 9518ES" 94.55' Z L12 N88°53'16"W 505.73' FOUND 5/8"REBAR WITH OBLITERATED YPC I LEGEND CERTIFICATE OF SURVEYOR: YPC=YELLOW PLASTIC CAP I, DARREN R. WOLTERSTORFF, DO HEREBY CERTIFY THAT THIS EXHIBIT WAS SURVEYED BY ME, OR UNDER MY SUPERVISION, AND BEARINGS ARE BASED ON MODIFIED THAT THE INFORMATION SHOWN HEREON IS TRUE AND CORRECT MONTANA STATE PLANE GRID BEARINGS. TO THE BEST OF MY KNOWLEDGE. 11 DATED THIS DARREN R.WOLTERSTORFF, KimippoHorn MONTANA REGISTRATION NO.29148LS6200 S SYRACUSE WAY,#30 Tel.No.(303)228-2300 GREENWOOD VILLAGE,COLORADO 80111 www.kimley-hom.com Scale I Drawn by Checked by Date Proiect No, Sheet No. 1"=100' CAD DRW Aug.2023 090071002 1 1 OF 1