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HomeMy WebLinkAbout24 - Easement Type Unknown - Hotel Ventures Bozeman, LLC - Minor Subdivision No. 221C, Lot 2A (2) 1eturn to: City of Bozeman 2838312 City Cleric page: 1 of 6 10/3012024 12:01:33 PM Fee: $48.00 'PO Box 1230 Eric Semerad - Gallatin County, MT MISC Bozeman, MT 59771-1230 11111111111111 III 11111111 1111111//IM 3111111111111111111 11M IIIII M1 IN SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Hotel Ventures Bozeman, LLC , the GRANTOR(S), in consideration of one dollar ($1.00)and other good and valuable consideration, receipt of which is acknowledged, grant(s)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 0 (sewer) and 1 (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, thirty (30) feet wide to be located on the following described real property: A 30' wide water line easement to the City of Bozeman, being a portion of Lot 2A of Minor Subdivision No. 221 C, situated in the S W1/4 of Section 26, T.1 S, R.5E P.M.M, Gallatin County, Montana and being further described as follows: Commencing at the northwest corner of said lot 2A; thence along the north line of said lot,N 89°44'46"E, a distance of 22.50 to the Point of Beginning; Thence continuing along said north line,N 89°44'46"E a distance of 100.00 feet; thence S 0°47'56" W, a distance of 30.00 feet; thence S 89°44'46" W, a distance of 100.00 feet; thence N 0047'56"E, a distance of 30.00 feet to the Point of Beginning. Said easement being 0.0688 acres or 2,999.49 sq. ft. The easement is more particularly described on the attached Exhibit(s)A and B 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 2838312 Page 2 of 6 10/30/2024 12.01.33 PM 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. (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. 2838312 Page 3 of 6 10/30/2024 12.01.33 PM DATED this �3 day of COIOC-efr' ,202_q. LANDOWNER Atelntures B ze an,LLC By: Rusty Landon Title: Manager STATE OF ) 'ss COUNTY OF ,1 On this I'-� day of 0C..Ac01-e r- ,202t[, before me,the undersigned, a Notary Public for the State of 0 ,personally ap e red �l 1. l (1 ,known to me to be the�(Y a f\�A of re-�)that exec ed 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) (Printed Name Here) KORRIE DAVIS Notary Public for the State of 1(O,V-1�0 Notary Public-State of Idaho Residing at Zt Commission Number 20235080 My Commission Expires: My Commission Expires Dec 22, 2029 (Use 4 digits for expiration year) 2838312 Page 4 of 6 10/30/2024 12.01.33 PM ACCEPTED: OF L>0• Fl. CIT OZ M (n�PACity Manager ATTEST: ° 6 ram'•••••.........• � City Clerk STATE OF MONTANA ) ) ss. County of Gallatin ) On this day of wr , 20,24, before me, a Notary Public for the State of Montana,personally appeared CHUCK WINN 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 scribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. I nWm IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day 1 and year first above written. '%s Hu' JULIE HUNTER ��' Notary Public n 117/ SEAL _ TAR1.1 .. `-_for the State of Montana 1 !� (SEAL) . * Residing at: ,* all u, SEAL Q- Bozeman, Montana�, My Commission Expires: June 11,2025 N t �i bl'e fpr the St to of Montana ( e (Printed Name) Residing at Bozeman, Montana My Commission Expires: _U�/ /202 2838312 Page 5 of 6 10/30/2024 12.01 .33 PM EXHIBIT SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT PART OF LOT 2A OF MINOR SUBDIVISION NO. 221 C AS RECORDED IN DOCUMENT NO. 218308, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.P.M, GALLATIN COUNTY, MONTANA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2A; THENCE ALONG THE NORTH LINE OF SAID LOT, N 89°44'46" E, 22.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE, N 89044'46" E, 100.00 FEET; THENCE S 00D47'56"W, 30.00 FEET; THENCE S 89D44'46"W, 100.00 FEET; THENCE N 00°47'56"E, 30.00 FEET TO THE POINT OF BEGINNING; THIS EASEMENT CONTAINS: 2,999 SQUARE FEET OR 0.069 ACRES OF LAND, MORE OR LESS. SEE ATTACHED EXHIBIT"B". ��� ►tq e C 'S • E No 7)'' 7 S U RvE,����� EET NO. DR May DEIGNW CHECNBY 1 EXHIBIT SR HLE CMJ CIVIL&STRUCTURAL ENGINEERING JOB NO: 22E16 MATERIALS TESTING&LAND SURVEYING DATE. M..h 13.2Ma 101 S.Park Avenue,Idaho Falls,ID 83402,(208)524-0212 SW 1/4 OF SEC.26.T.1S.,R.5E.,P.M.M. REVIsroNs 800 W.Judicial Street,Blackfoot.ID 83221,(208)785-2977 of sxEE, GALLATIN COUNTY,MONTANA COPYRIGHT©2021 HLE ALL RIGHTS RESERVED. 2838312 Page 6 of 6 10/30/2024 12.01 .33 PM EXHIBIT B NORTHWEST CORNER OF LOT 2A N89°44'46"E ( B N 22.50'(TIE) VO P.O. . N89°44'46"E N89°44'46"E 100.00' 400.06' SO°47'56"W NO*47'56"E S89°44'46"W 100.00' 30.00, 30.00' SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT > w 21G ED LO 2 vC) z \,O\��g� N op.QOG CO CO � ,���Illllrrrr►►► z cols _ ET - No. 26 .. LS � . 72.00' ►1111 NO°47'56"E 16.00' N90°00'00"W 328.03' I \1,0�gP NOTE: FOR CLARITY, NOT ALL EXISTING EASEMENTS ARE DEPICTED HEREON. 1"=30, SHEEIfro, DRAMSY OESIG BY CHECKBY 2 EXHIBIT B SR HLE cmi CIVIL&STRUCTURAL ENGINEERING JosH 22L16 MATERIALS TESTING &LAND SURVEYING DATE: M—h 13.2024 101 S.Park Avenue,Idaho Falls,ID 83402.(208)524-0212 SW 1/4 OF SEC.26,T.1S.,R.5E.,P.M.M. Who mm REVISIOHs GATE 800 W.Judicial Street,Blackfoot,ID 83221,(208)785-2977 GALLATIN COUNTY,MONTANA COPYRIGHT©ID21 HLE ALL RIGHTS ftESERVEO.