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Home My WebLink About24 - Easement Type Unknown - Bozeman Haus, LLC - Gran Cielo Subdivision Phase 2, Lot 1-4 2822356 Page: 1 of 4 03/20/2024 10:58:14 AM Fee: $32.00 Eric Semerad - Gallatin County, MT MISC I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII Return to: City of Bozeman City Clerk's Office PO Box 1230 Bozeman MT 59771-1230 SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Bozeman Haus, LLC, the GRANTOR(S), in consideration of One Dollar and other good and valuable consideration,receipt of which is acknowledged, grant(s)to the City of Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain approximately 133 LF (sewer)pipeline with the usual services,valves, connections, accessories and appurtenances for the purpose of transmitting 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: Lot 1-4 of Gran Cielo Subdivision Phase 2 located in Section 23, Township 02 South, Range 05 East of Block 14 P.M.M of City of Bozeman, Gallatin County, Montana The easement is more particularly shown on the attached EXHIBIT A-PUBLIC SEWER AND ACCESS EASEMENT which by this reference is made a part hereof. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns and its and 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. THE GRANTEE AGREES: (1) That, in connection with the construction, operating,patrolling,repairing, substituting, removing, enlarging,replacing, and maintaining of said Sewer pipeline, 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 Gran Cielo Phase II-Block 14 Sewer Pipeline&Access Easement Page 1 of 3 2822356 Page 2 of 4 03/20/2024 10.58.14 AM 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. DATED this day of &/�w � , 2024. GRANTOR-BOZEMAN HAUS LLC By: ZJ// its: J J STATE OF )ss. County of On this y")- day of /�arG� , 2024,before me the undersigned, a Notary Public for the State of Montana,personally appeared Gceg M\e.v\ , known to me to be tA"e✓ of CP y\hW N&AE LU-C- Ili and the person whose name is subscribed to h thin instrument and acknowledged to me that he executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. BRANDON HJELSETH $CO,��A W\2�5�' `y�!D HJF4s,, Notary Public ;mom NOTnRigt __for the State of Montana (Printed Name) R sidin at: ;.SEAL:=;= Boze=otana Notary Public for the State of M6yV�A %9 •...• P,c' My Commission Expires: December 9,2025 Residlrig at 5bZ2JYtAV\ . N\T My Commission Expires qe c2wnb „f 'A ,2 5 Gran Cielo Phase II-Block 14 Sewer Pipeline&Access Easement Page 2 of 3 2822356 Page 3 of 4 03/20/2024 10.58.14 AM ACCEPTED: � CITY B ZEl�(IAN By Acting City Manager ATTEST: IPA 83 City Clerk ��....... TAO STATE OF MONTANA ) ) ss. County of Gallatin ) On this2tyA— day of�(, XUAJ\ , , 202q, before me, a Notary Public for the State of Montana,personally appeared CHUCK WINN and MIKE MAAS, known to me to be the Acting 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) JULIE HUNTER HUNT�P': Notary Public �orARrqj. for the State of Montana Residing at: o blic f r the State of Mont a .SEAL. Q Bozeman, Montana Q=`: C� `� ' r J� '.9oF• o My Commission Expires: ►.e� °�",,,,.,�,,,� June 11,2025 (Printed Name) Residing at Bozeman, Montana My Commission Expires:6L It /20'25 2822356 Page 4 of 4 03/20/2024 10.58.14 AM EASEMENT EXHIBIT "A" A PUBLIC SANITARY SEWER PIPELINE AND ACCESS EASEMENT ACROSS LOT 1, BLOCK 14; GRAN CIELO SUBDIVISION PHASE II LOCATED IN THE NW1/4 OF SECTION 23 TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA APEX DRIVE 60' R/W • S 89°24'55"E S 89"24'55"E 138.36' 0 110.96'. . — . . •Z. 129.29' 10, TING 10PUBLIC • o UTILITY EASEMENT O 7 Lo 0 p•ry`3 EASEMENT SIDELINES COMMON OPEN r h O TRIMMED AT PUBLIC SPACE C � I 15' 15' UTILITY EASEMENT M 0 • - M 9251 Sq. Feet 30.00' o GUIDELINE OF SANITARY SEWER& I o � I ACCESS EASEMENT ol� 89°54'20"W THIS EXHIBIT U : • 56.50' • -------- N81_°59'0_1"W I � I I w M n N Z I 30'PUBLIC TRAIL W EASEMENT o w I Q LOT 1 , co 63197 Sq. Feet cn 2 - c N U) U I I BL CK 114 I 30'PUBLIC TRAIL — — EASEMENT . 15' 15' in • S 89°20'22"E 249.32' • LEGEND I Property Boundary Line I I Existing Trail Easement — — — Existing Utility Easement • Utility Easement Guideline Easement Sideline This Exhibit Survey Ties Qi 2"Alpine Alum.Cap p Calculated Position SURVEYOR'S CERTIFICATION .�ONTA/Vq. I, certify that this survey was conducted by me or under my p3lo6fzy supervision on October 16th, 2023, and that the information MORGAN shown is true and correct to the best of my knowledge. BILLS NO. 745 N 9�� N g �0� an Bills, PLS Date r Otana License No. 61745 LS DRAWN BY: MB .pllVE 714 Stoneridge Dr. o' 50' BASIS OF BEARING DATE: 10/06/2023 Suite 3 CERTIFICATE OF SURVEY PROJECT N0. 064-128 BUgVBY1N0 6 Bozeman,MT 59718 99 Office scale 1"=50' NO.2725 FILE NAME: LOT 1,BLOCK 14 ENC3INEEAIN® www.a www.a l p i n esurveyi ng.n et