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Home My WebLink About25 - Easement Type Unknown - Northbloc, LLC - Tract 3-B of Certificate of Survey No. 2153A 2846016 Page: 1 of 5 03/07/2025 12:20:53 PM Fee: $40.00 Eric Semerad - �IGallatin County, MT MISC IIIIIII(IIIII I�I IIII IIIIII�illlll IIII IIII IIIII I'lll IIIII IIIIIII I�I IIIII IIIII IIII IIII Return to: City of Bozeman City Clerk PO Box 1230 Bozeman,MT 59771-1230 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Northbloc, LLC, the GRANTOR(S), in consideration of 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 sewer and water pipelines with the usual services,valves, connections, accessories and appurtenances for the purpose of transmitting water and sewer in, through, and across a strip of land situated in Gallatin County, Montana, 30 feet wide to be located on the following described real property: Tract 3-B of Certificate of Survey No. 2153A, located in the NW1/4 and the NE1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Reorder, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit 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 F A-o----1.—o 2846016 Page 2 of 5 03/07/2025 12.20.53 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 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 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 2846016 Page 3 of 5 03/07/2025 12.20.53 PM DATED this ifday of AK!6o , 20 'L Signed: 3=�/ Name: Brodey Simkins President and Manager of Northbloc, LLC STATE OF ):ss County of tq ) On this �� day of 3EWfla 1 20 ,before me the undersigned, a Notary Public for the State of "on4 ana_,persoiially appeared Brodey Simkins,known to me to be President and Manager of Northbloc, LLC and the person whose name is subscribed to the within instrument and acknowledged to me that he 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) Notary Public for the State of an� S R C SEARLE NOTARY PUBLIC for the State of Montana (Printed Name) Residing at Belgrade, Montana Residing at My Commission Expires My Commission a pires fAar / X�/20� March 22, 2028 2846016 Page 4 of 5 03/07/2025 12.20.53 PM ACCEPTED: QCIT=FOZ�M�N City Manager ATTEST: * i :Z Icy � •- =� .,__;; �. City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this day of (�/�_ , 2Z, 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, respectively, of 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 Notarial Seal the day and year first above written. (SEAL) N to < for thy( S ate of Montana Eiiuy' JULIE HUNTER U�� lF9 Notary Public (Printed N �,ornRiy4. for the State of Montana Residingat - Residing at: 9.SEAL R. = Bozeman, Montana My Commission Expires Q/ l l /20Z ..... , My commission Expires: , June 11,2025 2846016 Page 5 of 5 03/07/2025 12.20.53 PM EXHIBIT A SEWER AND WATER PIPELINE AND ACCESS EASEMENT WITHIN TRACT 3-13 OF CERTIFICATE OF SURVEY NO. 2153A, BEING TRACTS 1—A, 2—A, 3—A AND 4—A OF CERTIFICATE OF SURVEY NO. 2153 LOCATED IN THE NW1/4 AND THE NE1/4 OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M. PREPARED FOR NORTHBLOC, LLC OCTOBER 2024 PREPARED BY SANDERSONSTEWART BOZEMAN, MONTANA TRACT 2-13 / POINT OF \ TRACT 4—B C.O.S. 2153A / COMMENCEMENT \ C.O.S. 2153A WHEAT DRIVE POINT OF S 55*51'07" W BEGINNING �46.85' (TIE) L19 \ L1 04 L10 N L9 I \ I L17 — _ L13 ___-- L5 I� L15 J J L11 I L16 EASEMENT _ I I I J LINE (TYP.) 001 I(.0 I_J NEW SEWER AND - I L3 WATER PIPELINE TRACT 3—B AND ACCESS C.O.S. 2153A EASEMENT JLTRACT J / LINE TABLE DOCUMENTD REFERENCE: Line # Bearing Distance EXISTING 89BK76/ PROPERTY LINE L1 S 50*19'43" E 30.00' (TYP.) / L2 S 39'42'17" W 154.18' L3 N 50'17'43" W 30.00' L4 N 39'40'09" E 69.09' EASEMENT-DESCRIPTION L5 N 50"9'51" W 90.16' A sewer and water pipeline and access easement located on Tract 3-B of L6 S 39'40'09" W 126.40' Certificate of Survey No.2153A,located in the NW1/4 and the NE1/4 of Section L7 N 50"19'51" W 30.00' 36,Township 1 South,Range 5 East,P.M.M.,City of Bozeman,Gallatin County, L8 N 39'40'09" E 126.40 Montana,according to the official plat thereof on file and of record in the office of the County Clerk and Reorder,Gallatin County,Montana,being more particularly L9 N 50.19'51" W 10.00' described as follows: L10 S 39'40'09" W 15.00' Commencing on the northerly line of Tract 3-13,also being the southerly corner of L11 N 50'19'51" W 20.00' Tract 2-13 and the westerly corner of Tract 4-13;thence S 55°51'07"W,46.85 feet L12 N 39'40'09" E 15.00' to the Point of Beginning;thence S 50°19'43"E,30.00 feet;thence S 39*42'17"W,154.18 feet;thence N 50`17'43"W,30.00 feet;thence L13 N 50'19'S1" W 219.47' N 39°40'09"E,69.09 feet;thence N 50°19'51"W,90.16 feet;thence L14 S 39'40'09" W 15.00' S 39"40'09"W,126.40 feet;thence N 50°19'51"W,30.00 feet;thence L15 N 50'19'51" W 20.00' N 39°40'09"E,126.40 feet;thence N 50*19'51"W, 10.00 feet;thence S 39°40'09"W,15.00 feet;thence N 50°19'51"W,20.00 feet;thence L16 N 39'40'09" E 15.00' N 39"40'09"E,15.00 feet;thence N 50°19'51"W,219.47 feet;thence L17 N 50*19'51" W 13.54' S 39°40'09"W, 15.00 feet;thence N 50°19'51"W,20.00 feet;thence N 39"40'09"E,15.00 feet;thence N 50"19'51"W,13.54 feet;thence L18 N 39'40'09" E 85.04' N 39°40'09"E,85.04 feet;thence S 50*20'11"E,30.00 feet;thence L19 S 50'20'11" E 30.00' S 39°40'09"W,55.04 feet;thence S 50°19'51"E,373.23 feet;thence L2o S 39'40'09" W 55.04' N 39°42'17"E,55.07 feet to the Point of Beginning.Containing 22,766 square feet,more or less.