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Home My WebLink About23 - Easement Type Unknown - WH Bozeman NWX 358 LLC - Northwest Crossing Subdivision Phase 2.1 (2) 2817597 Page: 1 of 5 12/26/2023 11-50:11 AM Fee: $40.00 Eric Semerad - Gallatin County, MT MISC �I,II,,,,��11111111111111111111111111111111 III 1111111111111111111 IN SEWER AND 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 sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewer and water in, through, and across a strip of land situated in Gallatin County, Montana, one hundred and sixty five (165) feet wide to be located on the following described real property: Restricted Lot I 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. 2817597 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 andprivileges( ) y p y � y 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. 2817597 Page 3 of 5 12/26/2023 11.50.11 AM Dated this�day of 0eC--e-" k4-"_ , 2023' . Landowner: WH BOZEMAN NWX 358 LLC, a Delaware limited liability company, by WILLt�lili NITIES LLC, a California limitpany, Manager, by Jas n p, Division President STATE OF MONTANA ) ss. County of Gallatin ) On this L�� day of c��, z� , 2023, 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. SEAN CHAPIN g.• Notary Public Printed Name: \oTAR/,qi. =for the State of Montana *: -- *_ Residing at: Notary Public for the State of Montana SEAL.-** Bozeman, Montana 9 ....• P`�' Residing at , Montana My Commission Expires: September 20,2024 My commission expires: 2817597 Page 4 of 5 12/26/2023 11.50.11 AM ACCEPTED: CWO By .. . � jCr ATTEST: .��'•� ,f, Deputy Ci erk STATE OF MONTANA ) ss. County of Gallatin ) On this *1 2, day of �-�c�,y,�, r- , 20,23 , 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) H' DEREK J HOMAN "E ...o Notary Public �oTAA/qj. ':for the State of Montana Notary Public for he State of Montana .SEAL Belgrade Mo at: // � My Commission res: C/G T� b' iY!A 0,,, M�•�"'" February 3,2027 (Printed Name) Residing at Bozeman, Montana My Commission Expires: _.2_/ 3 /20_a� 2817597 Page 5 of 5 12/26/2023 11.50.11 AM EXHIBIT A LEGAL DESCRIPTION BLOCK 8 BLOCK 8 A temporary access,water and sewer OPEN SPACE LOT 33 easement located on a portion of TRACT 5 Restricted Lot 1A of Northwest Crossing Subdivision Phase 2.1 in the Northeast POINT OF BEGINNING 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: N90°00'00"E 85.01' Beginning at the Southwest corner of Open Space Tract 5 in Block 8 of Northwest Crossing Subdivision Phase 2.1,being the POINT OF BEGINNING, thence S00°58'19"E a distance of 60.01 0o feet;thence S00°00'00"E a distance of m 105.00 feet;thence N90°00'00"W a w distance of 86.03 feet;thence BRIARWOOD LANE N00"00'00"E a distance of 165.00 feet; thence N90°00'00"E a distance of 85.01 feet to the POINT OF BEGINNING. Said easement contains 0.325 acres, more or less. 0 0 tri m w I,Jon C.Wilkinson,Professional Land o — — — — — Surveyor,License No.16411LS,do c c hereby certify that I conducted this o easement sccurrve�. Z Dated this 'A day of iu Qlf 2023 g BLOCK 11 BLOCK 11 o OPEN SPACE LOT 4A Jon C.Wilkinson,PLS,CFedS TRACT13 MT Reg.#16411LS Morrison-Maierl�e\,�»xij11I'Ii;1!/I//�0 .��e.QONTAo� s � j0N" •• ALLEY •�°� f,t-- v OIL OF OF BEARING N90°00'00"W 86.03' Bobcat Coordinate System, NAD83(2011)per the"Rocky Mountain Tribal Coordinate AI_ Reference System"Handbook -N- and and User Guide,Published RESTRICTED BLOCK 11 BLOCK 11 September 30th,2014 and OPEN SPACE LOT 11A subsequent revisions.Established LOT 1 A TRACT 14 by observations with survey-grade GNSS receivers. 0 15 30 SCALE IN FEET 2880• PROJECT NO. ■ Morrison v Bozeman,MT 69 18 West DRAWN BY: RSP NORTHWEST CROSSING SUBDIVISION PHASE 2.1 6787.003 Bozeman,MT 69718 DSGN.BY: CPK M a i e r l e a06.687.0721 BOZEMAN MT APPR.BY: C fL FIGURE NUMBER www.m-m.net DATE:071I012023 engineers.surveyors.planners.scientists corrroa,rro uoeweonUAAErsLE 2M EASEMENT EXHIBIT EX. A N:%67871O03-Phi-Design+MassGradingA se CADIExhlbitet87B7.003-NWX-Eament-Exhiba.dwg Plotted by cooper krause on D .2023