HomeMy WebLinkAbout23 - Easement Type Unknown - DGB Development, LLC - Nelson Meadows Subdivision, Lot 17 Return to: 2813757
City of Bozeman Page: 1 of 6 10/23/2023 02:16:08 PM Fee: $48.00
Clerk MISC
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P O Box
R,)zeman, MT 59771-1230
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Hyalite Engineers ,the GRANTOR(S), in consideration of
DGB Development, LLC 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 1 (sewer) and 1
(water)pipelines with the usual services, valves, connections, accessories and appurtenances for
the purpose of transmitting water and wastewater in, through, and across a strip of
land situated in Gallatin County, Montana, Thirty (30) feet wide to be
located on the following described real property: Lot 17 of Nelson Meadows Subdivision.
Located in the SE '/4 of Section 22, Township 1 South, Range 5 East, PMM
The easement is more particularly described on the attached Exhibit(s) 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 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 and sewer 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
2813757 Page 2 of 6 10/23/2023 02.16.08 PM
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
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.
2813757 Page 3 of 6 10/23/2023 02.16.08 PM
For an acknowledgement in a representative/corporate capacity:
DATED this JLU day of 304 92023.
LAgJackson
R
a
277-�
me C
unz
Title: OW1 15P,
STATE OF G )
:ss
COUNTY OF )
On this A day of 2023 before me,the undersigned, a Notary Public
for the State of ,p ovally appeared Jackson Kunz
known to me to be the 4UM e r of DGB Development,LLC that executed the
within instrument, and acknowledged to me that they executed the same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL) �,
�
°��5 Hq�'' BLAIR S HARTLEY
`P 9�. ' (Printed Name Here)
�•' ' �' Notary Public
�•'�oTnRiq�;`=for the State of Montana Notary Public for the State of
* SEAL. `= Residing at: Residing at eAl2A , M7
9 �� e Commis
Bozeman, Montana My Commission Expires: a►Ga S
cCP`, Y sion Expires:
OF MO`oo'
May 13 2025 (Use 4 digits for expiration ye r)
2813757 Page 4 of 6 10/23/2023 02.16.08 PM
ACCEPTED:
CIT F ,
AWBy
City r
ATTEST:
Moo, f2'%
City Clerk
STATE OF MONTANA )
) ss.
County of Gallatin )
On this `2:?��day of , 20!�3, 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.
(SEAL)
J.ULIE MIJNTER
J��E!!UNTF`�>
Notary Public
TAR1A�� for the State of Montana
Residing at;
Not Pu lic for the State o Mon ana u� SEAL:' ; i3ozeman, Montana
e my commission Expires;
AAJJA4 June 11,2025
(Printed Name)
Residing at Bozeman, Mo t a
My Commission Expires: / /20 `"7
EXHI BIT "A„ PAGE 1 OF 2
SANITARY SEWER AND
WATER EASEMENT
I r
N � S 86°12'44"W 63.79'
o SANITARY SEWER
1 w wo wo AND WATER EASEMENT
0 10,318 SQ-FT/0.24 ACRES
O? �Si3o
m L2 3SS 41�
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I
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sso° MGd�Ol�1 LLQDOO U7�
`�ss�, �N�CQDD[vI0�fl0lnvl
194 Vol go off '�b
o 04
-
gyp\
cs�\
28 POINT OF BEGINNING
tiS o 2� (POB)
3
\ � Off, LINE BEARING DISTANCE
\ !� L1 S 06°39'36"E 16.56'
\ S71>1 L2 N 86°12'44"E 51.31'
\ ` L3 S 53°35'57"E 24.12'
\ L4 S 36°24'03"W 14.30'
6 1 L5 S 53°35'57"E 17.90,
\ L6 N 36°24'03"E 14.30'
o \ \ L7 N 53°34'02"W 17.0-6
\ POINT OF
\ COMMENCEMENT
\ (POP
^
LEGEND
0 50 100
3 FOUND 5/8"REBAR WITH AN 1-1/4"OPC
g "MORRISON-MAIERLE INC.,16411 LS"
SCALE IN FEET
z (PLOT SIZE=8.5"x 11") POB POINT OF BEGINNING
LOCATED IN THE SE 114,SECTION 22, POC POINT OF COMMENCEMENT
T. 1 S.,R.5 E.,P.M.,CITY OF BOZEMAN,
a GALLATIN COUNTY,MONTANA OPC ORANGE PLASTIC CAP
J
Q
PREPARED FOR:
D
� BASIS OF BEARING:MONTANA:ROCKY MOUNTAIN
ENGINEERS PLANNERS DWALITE GRID NORT
H COORDINATE
H BASED ON GNSS OBSERVATION
SURVEYORS PH NORTH: 7i"AVE87-276 AXtEHAN.M13971B �] �]
m WEB Jd06) 587-2 h to I4061 524o m JULY, 2023
WEB: www.hyallteeng . com
EXHIBIT „A„ PAGE20F2
SANITARY SEWER AND
WATER EASEMENT
LEGAL DESCRIPTION:
A SANITARY SEWER AND WATER EASEMENT EASEMENT,OVER AND ACROSS LOT 17, BLOCK 4 OF THE NELSON MEADOWS
SUBDIVISION,AS RECORDED IN GALLATIN COUNTY,LOCATED IN THE SOUTHEAST 1/4 OF SECTION 22,TOWNSHIP 1 SOUTH,
RANGE 5 EAST,P.M.,CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA,AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHERLY CORNER OF SAID LOT 17;THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 17,
N53°34'02"W,A DISTANCE OF 17.05 FEET,TO THE TRUE POINT OF BEGINNING;THENCE LEAVING SAID SOUTHWESTERLY LINE,
N36°24'03"E,A DISTANCE OF 138.92 FEET;THENCE N53"35'57"W,A DISTANCE OF 174.43 FEET;THENCE S86°12'44"W,A
DISTANCE OF 63.79 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 17;THENCE ALONG SAID WESTERLY LINE,
S6°39'36"E,A DISTANCE OF 30.04 FEET;THENCE LEAVING SAID WESTERLY LINE,N86"12'44"E,A DISTANCE OF 51.31 FEET;
THENCE S53°35'57"E, A DISTANCE OF 24.12 FEET,THENCE S36°24'03"W, A DISTANCE OF 14.30 FEET;THENCE S53°35'57"E,A
DISTANCE OF 17.90 FEET;THENCE N36°24'03"E,A DISTANCE OF 14.30 FEET;THENCE S53°35'57"E,A DISTANCE OF 91.43 FEET;
THENCE S36"24'03"W,A DISTANCE OF 108.90 FEET TO A POINT ON SAID SOUTHWESTERLY LINE;THENCE ALONG SAID
SOUTHWESTERLY LINE,S53°34'02"E,A DISTANCE OF 30.00 FEET,MORE OR LESS,TO SAID TRUE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.24 ACRES(10,318 SQ.FT)MORE OR LESS
I HEREBY STATE THAT THIS SANITARY SEWER AND WATER EASEMENT EXHIBIT HAS BEEN PREPARED BY ME OR
UNDER MY DIRECT SUPERVISION DURING THE MONTH OF JULY,2023.
NtT�l'lltryry��V%
SIGNED DATE'2AR
KURT A.LUEBKE,P.L.S.(MT)T32S7LS ; KURT A.
o ; LUESKE 's
i PREPARED FOR:
BASIS OF BEARING:MONTANA:ROCKY MOUNTAIN
ENGINEERS
-I
PLANNERS HYALITE GR D NORTH BASED ON GNSS OBSERVATION
SURVEYORS NNOR1111H E E-1 EO MAN•MTS 7 8
JULY, 2023PHOE, 14061 5
87.279 FAX:
522-9275
WEB: www.hyaliteeng . com