HomeMy WebLinkAbout24 - Easement Type Unknown - Hotel Ventures Bozeman, LLC - Minor Subdivision No. 221C, Lot 2A (3) Return to,
City of Bozeman 2840029
City Clerk Page: 1 of 4 11/25/2024 03:45:25 PM Fee: $32.00
PO Box 1230 Eric Semerad - Gallatin County, MT MISC
Bozeman, MT 5s771.112 1111111I 11111 IIIIII111111 111111111111111111111111111111111111 HE
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,thirt (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. 221C, situated in the SWl/4 of Section 26, T.1S, 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 0°47'56" 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
2840029 Page 2 of 4 11/25/2024 03.45.25 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.
2840029 Page 3 of 4 11/25/2024 03.45.25 PM
DATED this 5"- day of ,202_y.
LANDOWNER
'flote entures Bozeman,LLC
By: Rusty Landon
Title: Manager
STATE OF
:ss
COUNTY OF &o,ig.1v,"l/( )
On this SA day of Ma,j-t,-k-f ,202 P�-,before me,the undersigned, a Notary Public
for the State of o ,personally appeared Rusty Landon,known to me to be the Manager of
Hotel Ventures Bozeman,LLC that executed the within instrument, and acknowledged to me that they
executed the same for and on behalf of landowner.
IN WITNESS WIIEREOF,I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
(Printed Name Here)
CLINT JOLLEY Notary Public for the State of ,J'ola-1
Notary Public-State of Idaho Residing at ►361-k"M
Commission Number 20230423 My Commission Expires: a zaz
My Commission Expires Jan 30,2029
(Use 4 digits for expiration year)
2840029 Page 4 of 4 11/25/2024 03.45.25 PM
ACCEPTED:
13 CITY B ZEMA
• ::wf •� By
.': Interim City Manager
ATTEST:
pal
City Clerk •
Co. 'go
STATE OF MONTANA )
) ss.
County of Gallatin )
On this 2 k�da of 1 V(1� , 20 before me, a Notary Public for
Y �� � rY
the State of Montana,personally appeared CHUCK WINN and MIKE MAAS,known to me to
be the Interim 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) JULIE HUNTER
J�E Hlliyl ,,=
Notary
ry Public
;'NOTARiq�• for the State of Montana
—'— Residing at:
SEAL Bozeman, Montana
Not ub 'c for the State of Montana My Commission Expires:
JOF M0 � June 11,2025
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires:06 11 /20'2-!�,