HomeMy WebLinkAbout23 - Easement Type Unknown - WH Bozeman NWX 358 LLC - Northwest Crossing Subdivision Phase 2.1, Open Space 7 2817593
Page: 1 of 5 12/26/2023 11:50-11 AM Fee $40.00
Eric Semerad - Gallatin County, MT MISC
111111111111111111111111111111111� IN 111111111111111111111111111111111111111111111111 IN
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
WH Bozeman NWX 358 LLC, the GRANTOR(S), in consideration of One Dollar($1.00) and
other good and valuable consideration, receipt of which is 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 sewer and 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: The entirety of Open Space 7 of Northwest Crossing
Subdivision Phase 2.1 in the Northeast 1/4 of Section 4, 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 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
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
deems necessary.
2817593 Page 2 of 5 12/26/2023 11.50.11 AM
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.
2817593 Page 3 of 5 12/26/2023 11.50.11 AM
Dated this t"1 day of {'� '`�' � 202 3,
Landowner:
WH BOZEMAN NWX 358 LLC, a Delaware
limited liability company, by
WILLIAMS COr
C, a California
limited liabi ' nager, by
Jason a p, Division President
STATE OF MONTANA )
ss.
County of Gallatin )
On this�'� day ofee a,�,�,� , 202a, before me, a Notary Public in and for said State,
personally appeared JASON LEEP, Division President of WILLIAMS COMMUNITIES, LLC, a California
limited liability company, Manager of WH BOZEMAN NWX 358 LLC, a Delaware limited liability
company, known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that the company executed the same.
"",,I I I -IT CHg ,o
SEAN CHAPIN
g•• �, Notary Public Printed Name:
TAKI . =for the State of Montana
Residing at: Notary Public for the State of Montana
N,.SEAL. Bozeman, Montana
y e=,, Residing at , Montana
oF Mo��: My Commission Expires:
September 20,2024 My commission expires:
2817593 Page 4 of 5 12/26/2023 11.50.11 AM
ACCEPTED:
J64 N, heI C'fl
CIT OF
By
O City ger
^�
Depu Ci Clerk
STATE OF MONTANA ) ���'•• °B°°` .;
ss.
County of Gallatin )
On this ��. day of c c e*,• .v , 20 before me, a Notary Public for
the State of Montana, personally appeared JEFF MIHELICH and ALEX NEWBY, known to me
to be the City Manager and Deputy 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) °...... D5REK J HOMAN
K�y�?f Notary Public
`Q:`,OTAR/qj. � for the State of Montana
SEAL.-,;*= Residing at:
Notary Public for the State of Montana =Q; Belgrade, Montana
=%9 ccccP^'' My Commission Expires:
02 7- 14 414K/ ,,, ,.,, 0 February 3,2027
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: .2/ 3 /20_�=_?
2817593 Page 5 of 5 12/26/2023 11.50.11 AM
BLOCK 9
LOT 6
w 3344 sq.ft.
z
I Q I BLOCK 9 I
o I LOT 7 I
— — I 3344 sq.ft.
POINT OF � I
BEGINNING
N90"00'00"W 88.00' o
I �
S0"I 0'00"E 25.70' I O.S. 07 I w
2640 sq.ft. o
BRIARWOOD LANE I I CD
R=530.00' N90"00'00"E 88.02' I Z
L=4.30'
A=0"27'52" I
CB=SO°13'56"W BLOCK 9
CH=4.30' I LOT 8
3368 sq.ft. I I J
53.48' I I Q
I I
EXHIBIT A I,Jon C.Wilkinson,Professional Land
Surveyor,License No.164111-S,do
LEGAL DESCRIPTION hereby certify that I conducted this
easement survey.
A water and sewer easement being the entirety of Open Space 7,Block 9 of Northwest Dated this 44!�- day of
Crossing Subdivision Phase 2.1 in the Northeast 1/4 of Section 4,Township 2 South,Range 5 ]7Q!` 2023
East,P.M.M.,City of Bozeman,Gallatin County,Montana and being more particularly described
as follows:
Beginning at the Southwest corner of Lot 7 in Block 9 of Northwest Crossing Subdivision Phase Jon C.Wf cinson,PLS,i; e S
2.1,being the POINT OF BEGINNING;thence SO"00'00"E along the east Right of Way line of MT Reg.#16411LS
Dayspring Avenue a distance of 25.70 feet;thence along a curve to the right having a radius of Morrison-Maierle
530.00 feet,delta angle of 0°27'52",for an arc length of 4.30 feet;thence N90e00'00"E a
distance of 88.02 feet to the west Right of Way of the Alley;thence NO.00'00"E a distance of
30.00 feet;thence N90"00'00"W a distance of 88.00 feet to the POINT OF BEGINNING.
BASIS OF BEARING
Said easement contains 0.061 acres,more or less. Bobcat Coordinate System,
\\\�11tIi11►)/////�O',�'s NAD83(201 1)per the"Rocky
C)N TA A � Mountain Tribal Coordinate
�� •••• •�' s/i Reference Handbook and User Guide,Published
• JO N C. • ® September 30th.2014 and
subsequent revisions.
• e CC ti Established by observations
N0. 1641 I Lv •a with survey-grade GNSS
receivers.
SCALE IN FEET
Morrisonip 2880 Technology Blvd West DRAWN BY: RSP NORTHWEST CROSSING SUBDIVISION PHASE 2.1 PROJECT N0.
Bozeman,MT 59718 DSGN.BY:CP FIGURE NUMBER
BOZEMAN MT 6787.003
Ma i e r e ` 406.587.0721 APPR.BY:
www.m-m.net
engineers.surveyors.planners.scientists • DATE:O/$ j EASEMENT EXHIBIT V, I.i
A
COVYRIO"TO MORRI90N�RWERLE,2017 �/�
N:167871003-Ph1-Design+MessGrading%ACAD1Exhibite16787.003.NWX-Easement-Exhibit.dwg Plotted by cooper kreuse on Se/26/2023 L a L