HomeMy WebLinkAbout24 - Easement Type Unknown - HAWKS RIDGE HOME OWNERS ASSOCIATION, INC. - 1715 - 1781 West Kagy Boulevard, Tract A of COS No. 573 Return Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230
2828787
Page: 1 of 6 06/26/2024 03:27:33 PM Fee: $48.00
Eric Semerad - Gallatin County, MT MISC
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WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
HAWKS RIDGE HOME OWNERS ASSOCIATION, INC., of 1715 — 1781 West Kagy
Boulevard, Bozeman, Montana 59715 GRANTOR(S), in consideration of$ 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 water pipelines with the usual services, valves, connections,
accessories and appurtenances for the purpose of transmitting water in, through, and across a
strip of land situated in Gallatin County, Montana, twenty (20) feet wide to be located on the
following described real property:
A portion of Tract A of Certificate of Survey No. 573, located in the Southwest Quarter
of Section 13, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana.
The easement is more particularly described on the attached Exhibit 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
pipeline, services, connections, accessories and appurtenances;
(2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the
2828787 Page 2 of 6 06/26/2024 03.27.33 PM
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 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 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.
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(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.
2828787 Page 4 of 6 06/26/2024 03.27.33 PM
GRANTOR:
HAWKS GE HOM WNERS�-S.%OCIATION, INC.
By:
Printed Name: a'
Title: �4X, �,
STATE OF MON:�Qt�1G., )
ss.
County of j ►J )
h
On this day of 20ffL, before me, the undersigned,
personally appeared � � e� , whose identity was proved to me on the
basis of satisfactory evidence to be the persons whose name is subscribed to this instrument, and
acknowledged that s/he executed the same in his/her capacity as 1502kd we
for and on behalf of HAWKS RIDGE HOME OWNERS ASSOCIATION, INC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year first above written.
(SEAL)
KAYLAHUBBARD
Notary P blic for the State of r-i
,�J,HU9
NOTARY RUBUC for ft Printed atne:
Slate of Monbm Residing at: Nix Ca 01t,
m VIAL a RWdN at B*a*IAT My Commission Ex ores: C)l /zq /20
Mo�P2 MY
OF
anuary 24,2027
2828787 Page 5 of 6 06/26/2024 03.27.33 PM
ACCEPTED:
CITY OF BOZEMAN, MONTANA
�n �lyCity Manager G '••••••
1 '• :
ATTEST:
City Clerk o�, ••.... .'�' ¢
STATE OF MONTANA )
) ss
County of Gallatin )
On this 2( %y of T6t4tL 20 2q, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared JEFF TVIIIIEtle and MIKE C kkkdC
MAAS, known to me to be the, ity Manager and City Clerk for the City of Bozeman, w�
respec ive y, 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
Notarial Seal the day and year first above written.
(SEAL)
otary P blic for the tate of Montana
JULIE HUNTER esid* g at Bozeman' Montana
�J. ''' •6p Notary Public My omm Expires Commission Ex i
:'NOTA�+q�• :for the State of Montana p
*: —— *_ Residing at:
SEAG. Q Bozeman, Montana
>, OF Mo p My Commission Expires:
June 11,2025
2828787 Page 6 of 6 06/26/2024 03.27.33 PM
EXHIBIT --
UTILITY EASEMENT
ACROSS A PORTION OF TRACT A OF COS 573
LOCATED IN THE SW 1/4 OF SECTION 13,TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN MONTANA,
CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA
I I
ff"1 In r I I
o co U-)
Ln o
LOT 2 (o co I I
AMENDED P ADD w
MINGTON
RE A) N a CT A
�I.2 o n NEW UTILITY I I COS 573
FD 2" ACAP '1641 1 LS" o L-oo EASEMENT
N 89'40'58" E 402.42' FD BENT " Z CONTAINS 923 ISF I
REBAR I I
--------- —L1 I
M
N N� J L6 IJ
---------------------- -------- YPC L4� o
L5� - - - J I
FD
PLATTED UTILITY "5606S" 0.60' o
EASEMENT PER My WC I
AMENDEZOPAT
WATER & SEWER —►I 42.00'
PIPELINE & ACCESS I I 0 50'
EASEMENT AND AGREEMENT PER 178 /
LOT
FILM, 4182 I I I I I
/ S CAL E
T EMINGTON R
AMENDED PL I_20__) \ \ / BEARING BASIS: BOBCAT LOW
A.D.D. / / DISTORTION PROJECTION AS
co DETERMINED BY SURVEY GRADE
GPS RECEIVERS WITH THE CENTRAL
/ MERIDIAN RUNNING THROUGH LAT.
SURVEYOR CERTIFICATE i 45'15'00" N. LONG. 111'15'00" W.
I, Bradley S. Tainer, do hereby certify that this exhibit _ /
is based field work performed by me or under my rn to L — — — �/ S 89'54'17" E 148.97'
direct supervision on April 27. 2022, and that the f
information shown hereon is true and correct to the '`� 3�: FD YPC /
best of my knowledge. u FD YPC "9518ES" "5606S"
Dated this — day of _—, 20— N
I� N
Mj O
O
Bradley S. Tainer, PLS
Montana License No. 75545 LS
THIS EXHIBIT SHOULD BE CONSIDERED PRELIMINARY &
SHOULD NOT BE RECORDED UNLESS SIGNED AND SEALEDTRA n
CT B
w COS 573
LINE TABLE
o LINE BEARING DISTANCE
o L1 S 00'12'21" W 10.00'
O L2 N 89"40'58" E 41.39'
z L3 S 0019'02' E 24.68'
L4 S 894028 W 20.00'
L5 N 00'19'02' W 4.68'
L6 S 89'40'58" W 21.57'
L7 N 00'12'21" E 20.00'
FD g6" REBAR
FD �" REBAR rf
S 89'40'47" W 403.20' N 89'46'37" E DRAWN BY: BST
FD 2" ACAP "1641 1 LS" 60.04' d QUALITY CHECK:
WEST nGY BLVD TDBe _DATE: 6126123 1 FB: 195178
(RECORD WIDTH 90') Engineering JOB NO. B22-025
CAD NO. 22025X1.dwg
LAYOUT: WATER.dwg