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Home My WebLink About24 - Easement Type Unknown - NORTHBLOC, LLC - Tract 2-B and Tract 4-B of COS 2153A Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 2831240 Page: 1 of 6 08/02/2024 12:15:37 PM Fee: $48.00 Eric Semerad - Gallatin County, MT MISC I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII III I IIIII IIII II IIII III IIII'III I IIIII IIII IIII SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT NORTHBLOC, LLC, GRANTOR, in consideration of One Dollar($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 sanitary sewer and potable water pipelines with the usual services,valves, connections, accessories and appurtenances for the purpose of transmitting sanitary sewer and potable water in, through, and across a strip of land situated in Gallatin County, Montana, forty (40) feet wide to be located on the following described real property: Tract 2-B and Tract 4-13 of COS 2153A, located in the Northwest One-Quarter of Section 36, Township 1 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, 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 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 2831240 Page 2 of 6 08/02/2024 12.15.37 PM (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 and potable 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. (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. 2831240 Page 3 of 6 08/02/2024 12.15.37 PM DATED this- day of �� , 202�. LANDOWNER: NORTHBLOC, LLC By: 1 Title: /✓��+�.a.�. STATE OF MONTANA ) ):ss County of Gallatin ) On this /7 day of h - , 202 �( , before me the undersigned, a Notary Public in and for the State of Montana,personally appeared &rjeq J:n, , known to me to be the M&'naqkn of Northbloc, LLC and the person whose name is subscribed to th6 within instrument, and acknowledged to me that he/she executed the within instrument for and on behalf of Northbloc, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) �pAJ(/h TREVAAJUHNKE N�.` Notary Public for the Notarial`*? State of Montana Notary Public for the State f Montana ` Residing siding at LIVINGSTON,MT My Commission Expires I June 10, 2025 (Printed Name) Residing at i U i h Q1 n My Commission Expires un-c / 1 /20� 2831240 Page 4 of 6 08/02/2024 12.15.37 PM ACCEPTED: 13 CITY OF WBOZEMAN �City Manager ATTEST: * '__ __ City Clerk `�' Cc ®� STATE OF MONTANA ) ss. County of Gallatin ) On this�j,day of l , 20 2� , before me, a Notary Public for the State of Montana, personally app ared CHUCK WINN and MIKE MAAS, known to me to be the ting-Eity 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. 'O'Ll ` IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. (SEAL) ' r otary ublic fort e State of Montana ��E HUijir JULIE HUNTER r_� �J•' F� Notary Public :•NOTAR/q for the state of Montana C 1tA 1, JVIC SEAL. * Residing at: (Printed Name) Bozeman, Montana 9 pF'Mo My commission Expires: Residing at Bozeman, Montana June 11, 2025 My Commission Expiresd �( /20 2�D 2831240 Page 5 of 6 08/02/2024 12.15.37 PM EXHIBIT SHOWING A 40 FOOT WIDE PUBLIC ACCESS AND UTILITY EASEMENT, SITUATED WITHIN TRACTS 2-B AND 4-B OF CERTIFICATE OF SURVEY No. 2153A, LOCATED IN THE NORTHEAST ONE-QUARTER AND THE NORTHWEST ONE-QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA EXHIBIT LEGAL DESCRIPTION A The following is a description of the centerline of a forty foot (40.00) wide Public Access and Utility Easement, situated within Tracts 2—B and 4—B of Certificate of Survey No. 2153A, located in the Northeast One—Quarter and the Northwest One—Quarter of Section 36, Township 1 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana. Said Public Access and Utility Easement centerline being more particularly described as follows: Beginning at a point which bears North 39°42'17" East, a distance of 45.05 feet from the westerly corner of said Tract 4—B; thence North 39"42'17" East, a distance of 57.31 feet; thence along a 155.00 foot radius curve to the right, through a central angle of 37°10'10" for an arc length of 100.55 feet feet; thence North 76°52'27" East a distance of 70.78 feet, to a point on the west line of a 20' Wide Water Pipeline Easement, said point bears South 76°52'27" West a distance of 19.11 feet from the easterly corner of said Tract 2—B. Said Public Access and Utility Easement being 9,146 square feet. _ PROJECT SURVEYOR: GLF SHEET 32 DISCOVERY DRIVE Civil Engineering BOZEMAN,MT 89718 g g DRAWN BY: NWO I OF2 t/a S.C. T. R. PHONE(406)582-0221 GeotechnicalEnglneering eWE . FAX Land Surveying 6�iaera REVIEWED BY: CLF PROJECT No.14-167 E w.w..aeledea9meeda9.cwa Y g ouost 36 1S 5E 4..het DATE: 09/11/23 CAD—s,rvey�Wneot Oriva Eaeementsdr 2831240 Page 6 of 6 08/02/2024 12.15.37 PM I � I I S76'52'27"W I I TRACT 2-B 19.11'I I COS 2153A R=155.00' L=100.55' 76 A=37'10'10" N 52 ICORNERLY C=S58'1 98 80' /`� 0 fig.. (TRACT 2—B 20 � i \ 40' WIDE PUBLIC \\ ACCESS & UTILITY f / \ \ EASEMENT V ° 100, 20' WIDE WATER \ \ 1; .'`; PIPELINE EASEMENT �-- V A Doc. #2066505 ^�, \\ TRACT 4-B 1 \ COS 2153A tK " \ \ 1 POINT OF WESTERLY BEGINNING I I CORNER \ \ 10' WIDE TRACT 4—B UTILITY \ EASEMENT I I \ \ 90' WIDE PUBLIC \ \ \ \\ STREET & UTILITY \ \ \ \ EASEMENT \ I I I TRACT 3/ \\ \ \\\\ � I 10' WIDE \\ \\\\ I UTILITY EASEMENT \ PUBLIC ACCESS & UTILITY EASEMENT T DETAIL SCALE 1 " = 50' BASIS OF BEARING,COORDINATES BEARINGS SHOWN ARE MONTANA STATE PLANE GRID. DISTANCES ARE GROUND DISTANCES IN INTERNATIONAL FEET. MONTANA COORDINATE SYSTEM NAD 83 HORIZONTAL DATUM: BOZEMAN CONTINUOUSLY OPERATING REFERENCE STATION PIS DESIGNATION DK7547 MTSU BOZEMAN CORS ARP MONTANA STATE PLANE NAD 83 (2011) (EPOCH: 2010.0000) NORTH LATITUDE 45'39'40.37689" p WEST LONGITUDE 111'02'42.00898" g UNITS: INTERNATIONAL FEET Convergence angle: —01'07'49" PROJECT SURVEYOR: GLF SHFET 32 DISCOVERY DRIVE Civil Engineering 2 OF 2 BOZEMAN,MT59716 DRANK BY: NWO t/4 I.c. T. R. PHONE(406)592-D221 GeotechnicalEngineeringA FAX REVIEWED BY. GLF PROJECT No.14-167 xvrv�AX(4 6)66-577 r� Land Surveying 36 1$ I SE �' DATE: 09/11/21 CAD—Survey\Wheot a,.1'f'�� Drive E..—.--