HomeMy WebLinkAbout24 - Easement Type Unknown - 14th & Patrick Limited Partnership - North 14th Avenue, Lot 1,Block 2 of Sub Plat No. J-498B Return to:
City of Bozeman 2822357
City Clerk
PO Box 1 230 Page: 1 of 6 03/20/2024 10.58:14 AM Fee $48.00
Bozeman, MT Eric Semerad - Gallatin County: MT MISC
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WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
141h &Patrick Limited Partnership, the GRANTOR(S), in consideration of 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 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, the (30) feet wide to be located on the following described real property:
Lot 1, Block 2 of Amended Subdivision Plat No. J-498B lying within the City of
Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of
record in the Office of the County Clerk&Recorder of Gallatin County, Montana.
The easement strip is more particularly described on the attached Exhibit `A' which by
this reference is 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;
2822357 Page 2 of 6 03/20/2024 10:5814 AM
(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 water 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
2822357 Page 3 of 6 03/20/2024 10.58.14 AM
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.
2822357 Page 4 of 6 03/20/2024 1 0:58:14 AM
DATED this L day of u,r(,t. ) 202 'A- .
LANDOWNER
14TH&PATRICK LIMITED PARTNERSHIP
By: 141&Patrick GP LLC, its General Partner
By:Nic io as a ton,Manager
STATE OF MINNESOTA )
:ss
COUNTY OF]HENNEPIN )
On this day of March,2024,before me,the undersigned,a Notary Public for the State of
Minnesota,personally appeared Nicholas Walton,the Manager of 141&Patrick GP,LLC, a Minnesota
limited liability company,the General Partner of 14"&Patrick Limited Partnership, a Minnesota limited
partnership, on behalf of the limited partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
L(Acaq ' -+an+avg
...............
" LUCAS ROLLAY STANTON (Printed Name Here)
Notary Public Notary Public for the State of Minnesota
Minnesota My Commission Expires: ?i f 1 0��
My Commis�on Exores January' 2028
(Use 4 digits for expiration y r)
2822357 Page 5 of 6 03/20/2024 10.58.14 AM
ACCEPTED:
CITY OF BOZEMAN, MONTANA
Acting City Manager
ATTEST:
City Clerk e k "PI
STATE OF MONTANA ) f�' CO. V1
ss
County of Gallatin )
On this r� day of 20"1 before me, the undersigned, 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, respectively, 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 Notarial
Seal the day and year first above written.
(SEAL) Nlj JULIE HUNTER\� •!UT9 Notary Public
�o1nR1q4• for the State of Montana
Residing at:
LP SEAL.=e Bozeman, Montana
My commission Expires:
OF MO-,"' June 11,2025
/IN tart' ublic for the State of Montana
C-I k j i ?— �4u'y��-U—
(Prin—ted Name)
Residing at Bozeman,Montana
My Commission Expires: (D �/—L/202�;
2822357 Page 6 of 6 03/20/2024 10.58.14 AM
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DATE: NOVEMBER 20,2023
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