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Home My WebLink About23 - Easement Type Unknown - WH Bozeman NWX 358 LLC - Northwest Crossing SubdivisionPhase 2.1 2817595 Page: 1 of 5 12/26/2023 11:50:11 AM Fee $40.00 Eric Semerad - Y,Gallatin Count MT MISC 1 I 111111 I I I 1111111 I I 1111111,111,111111111111111111111111111111111111 I I I I 111111111 I I I I 111111111 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT WH Bozeman NWX 358 LLC, the GRANTOR(S), in consideration of$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 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, sixty(60) feet wide to be located on the following described real property: Restricted Lot 3A 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. k 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. 2817595 Page 2 of 5 12/26/2023 11.50.11 AM 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. 2817595 Page 3 of 5 12/26/2023 11.50.11 AM Dated this day of �' , 202 3 . Landowner: WH BOZEMAN NWX 358 LLC, a Delaware limited liability company, by WILLIAMS UNITIES LLC, a California limited lia it t ompany, Manager, by Jason L e , ivision esident STATE OF MONTANA ) ss. County of Gallatin ) On this t'� day ofv - y -%�z — , 20S_, 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. s•'�.N CygA SEAN CHAPIN �-- Notary Public printed Name: :',AoTAR/.j• for the State of Montana Residing at: Notary Public for the State of Montana u�.SEAL. Bozeman, Montana Residingat , Montana oFMo�s My Commission Expires: ,pi September20, 2024 My commission expires: 2817595 Page 4 of 5 12/26/2023 11.50.11 AM ACCEPTED: , CI oFf O MA C ity ger AT T: L` Depi Ci Clerk STATE OF MONTANA ) ) ss. County of Gallatin ) On this �2, day of �.� �,� , 20-21, 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) DEREK J HOMAN Q`�•' �'1f�'''; Notary Public TAR/q�??for the State of Montana Residi at: Notary Public for the State of Montana ;.SEAL a Belgrade, Montana My commission Expires: 9,c'ai T- &V iN '��,,, .�� February 3, 2027 (Printed Name) Residing at Bozeman, Montana My Commission Expires: 2/ 3 /20_Q 2817595 Page 5 of 5 12/26/2023 11.50.11 AM EXHIBIT A LEGAL DESCRIPTION A temporary water easement located on a portion of Restricted Lot 3A 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 and being more particularly described as follows: Beginning at a point on the Southern Boundary of Restricted Lot 3A and the Northern Boundary of Touchstone Lane RESTRICTED Right of Way of Northwest Crossing LOT 3A Subdivision Phase 2.1,being the POINT OF BEGINNING,thence S90°00'00"E a distance of 34.54 feet;thence along a curve to the right having a radius of 810.00 feet,delta angle of 1°48'04",for an arc length of 25.46 feet;thence N00°00'00"E a distance of 51.68 feet; thence N90°00'00"W a distance of 60.00 feet;thence S00°00'00"E a distance of 51.28 feet to the POINT OF N90°00'00"W 60.00' BEGINNING. Said easement contains 0.071 acres, more or less. iio °0 N � LID I,Jon C.Wilkinson,Professional Land w c Surveyor,License No.16411LS,do o b hereby certify that I conducted this o c easement survey. CD U Z Dated this y day of PQCOU 2023 ° Pb—I N f OF S90°00'00"E 34.54' R 25 46r' Jon C.Wilki son,P IIl1////j77,� BEGINNING A=1°48'04" MT Reg.#1641 �\® ;®�� o�sys CB=S89°05'58"E .• •• s Morrison-Mare JON C. WILKINSON • TOUCHSTONE LANE = 1D�+ e !' RESTRICTED ,`/',��:•L��,�� rills LOT 1A BASIS OF BEARING Bobcat Coordinate System, NAD83(2011)per the"Rocky Mountain Tribal Coordinate LU _ Reference System"Handbook Q and User Guide,Published I < I September 30th,2014 and Z subsequent revisions. Established by observations STORM WATER I a I LOT 1 with survey-grade GNSS TRACT 09 to I BLOCK 9 receivers. BLOCK 8 I o 0 15 30 SCALE IN FEET Morrison v PROJECT NO. 2880 TecMology Blvd West DRAWN BV: Rcrp NORTHWEST CROSSING SUBDIVISION PHASE 2.1 Bozeman,MT 69718 DSGN.BY: CPK 6787.003 M a i e r l e 406,687,0721 APPR.BY: CPK BOZEMAN MT www.min.not DATE:07 1/0/2023 FIGURE NUMBER engineers.surveyors.planners.scientists EASEMENT EXHIBIT EX� e corrw �mrtoatuonaAW-RUL eon " N:1678T003-Ph1-Design+MasaGrading%ACAD1Ezhlbits18787.003-NWX-Easement-E�lbft.dw9 Plotted by Jon c.wllMnson on A g126/2023