The URL can be used to link to this page

Home My WebLink About25 - Easement Type Unknown - Laurel Parkway LLC - URBAN + FARM PHASE 1 Return to: 2846017 city of Bozeman Page: 1 of 6 03l07/2025 12:20:53 PM Fee: $48.00 City Clerk Eric Semerad - Gallatin County, MT MISC PO Box 1230 Bozeman, MT 59771-1230 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Laurel Parkway LLC , the GRANTOR(S), in consideration of $1.00 and other good and valuable consideration, receipt of which is acknowledged, grant(s)to City of Bozeman , GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain irrigation meter pits (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-,IWontana, twenty two ( 22 ) feet wide to be located on the following described real property: BEING A PORTION OF URBAN+FARM PHASE 1 OPEN SPACE LOTS, LOCATED IN THE NE 1/4 OF SECTION 9 TOWNSHIP 2 SOUTH RANGE 5 EAST, P.M.M., CITY OF BOZEMAN GALLATIN COUNTY MONTANA The easement is more particularly described on the attached Exhibit(s) A & 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 (a� Qiinnnrt tha ninalina nrrnec rnirinac and .,,afar (`_D AAYME 2846017 Page 2 of 6 03/07/2025 12.20.53 PM 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. 2846017 Page 3 of 6 03/07/2025 12.20.53 PM DATED this day of Ut��U3�� — , 2024. LANDOWNER /W)/ - our I a ay LLC By: AhdTe447� Title: 1%f,#7q4UAh STATE OF All TOtf)A ) s COUNTY OF Ga 11 ,'n ) On this 13 day of W bCl' ,2024, before me,the undersigned, a Notary Public for the State of ij ah p� , personally appeared /�f'��Q�,� A aqOpnf known to me to be the Am ,y A190400f Laurel Parkway LLC that executed the ithin instrument, and acknowledged fo 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) F11)VI ifh he bef*e!' FINN W LINEBERGER (Printed Name Here) S1 LINE@F<., 90, Notary Public Notary Public for the State of moil�a not LL.NOTnR�gi;y_for the State of Montana Residing at: Residing at C w►p .SEAL.2�z l3ozoman, Montana My Commission Expires: 2 2g 9P, My Commission Expires: (Use 4 digits for expiration ear) August 14,2025 2846017 Page 4 of 6 03/07/2025 12.20.53 PM ACCEPTED: `�.OF , } , CIT F �7yEM N City Manager f fie., ATTEST: City Clerk `.4 : "'••."';w STATE OF MONTANA ) ) ss. County of Gallatin ) On this day of - , 2QS, 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 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) JUUE HUNTER V'A"� EHU/yT '' No Public �J' 9 `=,for the State of Montana ;'�ptARlg4 Nota P c for the State o Monta a *: Residing at: SEAL Q= Bozeman, Montana y' P2 My Commission Expires: June 11,2025 (Printed Name) Residing at Bozeman, Montana My Commission Expires:C�Q/_L_/20�-� 2846017 Page 5 of 6 03/07/2025 12.20.53 PM EXHIBIT "A " WATER SERVICE & METER PIT EASEMENT BEING A PORTION OF URBAN + FARM PHASE 1 OPEN SPACE LOT, LOCATED IN THE NE 1 OF SECTION 9, TOWNSHIP 2S, RANGE 5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA OPEN SPACE A N 89"08'43"E EASEMENT AREA 22.00' 418 SQ FT ----------------------- ______--------------- _7S � I i 1 BLOCK 1 BLOCK 1 LOT 6 rn LOT 7 1 1 0 o; " --- ------- -- - - -- m u, oil o BCD DX D W m C o o Z m mZ m mFcn � + Z =icno { z FOUND 2" FOUND 2" m v ALUMINUM CAP ALUMINUM CAP S 89"08'43"W 22.00' N89"08'43"E N89°08'43"E J 4.14' 3.89' m x � m -I o PLANTER PLACE >C —-—- -—-—-—-—-—- -—-—- -—-—- - -—-—- -—-—-—m D n7�---—-—--- D 'n90 � X Z m -i (n D Z : vl 1 LEGAL DESCRIPTION Located in a portion of Urban+Farm Phase 1 located in the NE a of the SW a of Section 9,Township 2S, Range 5E,P.M.M.,City of Bozeman,Gallatin County,Montana,and being more particularly described as follows: Commencing at the southeast comer of Block 1,Lot 6,thence North 89"08'43"East a distance of 3.89'to the point of beginning. 3 thence North 0"51'17"West a distance of 19.00'; a thence North 89"08'43"East a distance of 22.00'; Z thence South 0"51'17"East a distance of 19.00'; 2 thence South 89"08'43"West a distance of 22.00' a to the point of beginning. w U, m Said easement contains 418 sq.ft.,more or less and is subject to all X easements of record or apparent on the ground. w w o wWALITE WATER SERVICE & METER " DATE: 05/08/2024 N m SCALE: AS NOTED Q 2301 NORTH TIi AVENGE STE.: BOZEMAN, M159719 PIT EASEMENT PHONE: (4061 587-2781 EAX_ (406) 522-9225 JOB NUMBER: 203430 WEB: www.hyaliteeng . com URBAN + FARM PHASE 1 0 Feet 10 SHEET: 1 OF 2 2846017 Page 6 of 6 03/07/2025 12.20.53 PM EXHIBIT "B" WATER SERVICE & METER PIT EASEMENT BEING A PORTION OF URBAN + FARM PHASE 1 OPEN SPACE LOT, LOCATED IN THE NE 1 OF SECTION 9, TOWNSHIP 2S, RANGE 5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA OPEN SPACE C N 89"08'43"E jASEMENT AREA --- ---- --------- j418 SQ FT BLOCK 2 BLOCK 2 1 LOT 3 N LOT 4 1 ------------- ------------- ------------- --- -------- ---- ---- - =D------------ ------------------ --- ran-- -- � cm m DQ' mc Z m mZK --im ,� i mFcn8 + Z — cn -n D FOUND 2" i FOUND 2" Z m ALUMINUM CAP ALUMINUM CAP I - — - TmewS 89°08'43"W � 22.00' N89°08'43"E N89"08'43"E 3.86' 4.14' m x �-dG � Zoo PLANTER PLACE + m --—-—- -—- -—- -—-—-—-—-—- -—-—-—-—-—-—-—-—-—-—-D-(n -- m M n = Z � i U) � m 'Dm mmD Z 1 o ' 1 LEGAL DESCRIPTION Located in a portion of Urban+Farm Phase 1 located in the NE a of the SW a of Section 9,Township 2S,Range 5E,P.M.M.,City of Bozeman,Gallatin County,Montana,and being more particularly described as follows: Commencing at the southeast comer of Block 2,Lot 3,thence North 89"08'43"East a distance of 3.86'to the point of beginning. 3 thence North 0"51'17"West a distance of 19.00'; ° thence North 89"08'43"East a distance of 22.00'; w thence South 0*51'17 East a distance of 19.00'; w thence South 89"08'43"West a distance of 22.00' a to the point of beginning. w U) m Said easement contains 418 sq.ft.,more or less and is subject to all w easements of record or apparent on the ground. w 14YAL I TE WATER SERVICE & METER ( DATE: 05/08/2024 �! SCALE: AS NOTED W 2304 N,R(40IAVEMIE 278 AX (40N,52 59225 PIT EASEMENT !] PHONE: ��06) 581-2]81 FAX. (�06) 522-9225 WEB: www.hyallteeng . com JOB NUMBER: 203430 co URBAN + FARM PHASE 1 0 Feet 10 SHEET: 2OF2