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HomeMy WebLinkAbout218-SewerPipelineEasement SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT 8FC LLC, the GRANTOR(S), in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain a sewer force main pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewage in, through, and across a strip of land situated in Gallatin County, Montana, twenty (20) feet wide to be located on the following described real property: A portion of Lot R1B of Norton East Ranch Subdivision, Phase 6 situated in the NE ¼ of Section 9, 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. THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewer force main 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 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. ACCEPTED: _________________________ CITY OF BOZEMAN By ______________________ City Manager ATTEST: _______________________________ City Clerk STATE OF MONTANA ) ) ss. County of Gallatin ) On this ______ day of ___________________, 20 , before me, a Notary Public for the State of Montana, personally appeared CHUCK WINN and MIKE MAAS, known to me to be the 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) ______________________________________ Notary Public for the State of Montana ___________________________________ (Printed Name) Residing at Bozeman, Montana My Commission Expires: / /20 S69°49'30"E 53.69'N69° 5 2 ' 3 0 " W 1 3 2 . 7 8 'N22°30'43 "W 139 .22 ' S89°56'47"W 395.83' N89°56'47"E 403.86' N89°31'20"E 56.23' S69° 5 2 ' 3 0 " E 1 2 7 . 5 2 ' S6 0 ° 3 6 ' 4 4 " E 1 4 3 . 2 1 'S22°30'43 "E 136 .12 ' N6 0 ° 3 6 ' 4 4 " W 1 5 1 . 7 4 ' S89°31'20"W 112.99' S44°05'55"E 28.05' N44°05'55"W 15.76'N1°13'49"E 20.01'N89°31'18"E 322.15' FIGURE NUMBER © PROJECT NO.DRAWN BY: DSGN. BY: APPR. BY: DATE: COPYRIGHT MORRISON-MAIERLE,2025 Plotted by jon c. wilkinson on Jan/24/2025 engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net P:\10678-Laurel Parkway LLC\001 - Norton Ranch Lift Station\ACAD\Survey\Easements\EASEMENT EXHIBIT.dwg 10678.001  EX. A RSN BOZEMAN MONTANA EXHIBIT A - SEWER MAIN EASEMENT LRH NORTON RANCH LIFT STATION UPGRADES LRH 1/24/25 30 600 SCALE IN FEET EXHIBIT "A" EASEMENT AREA (±0.423 AC) POINT OF COMMENCEMENT POINT OF BEGINNING SHOWING A 20'-WIDE FORCE MAIN SEWER EASEMENT ACROSS A PORTION OF LOT R1B OF THE NORTON EAST RANCH SUBDIVISION, PHASE 6 - PLAT J-694, SITUATED IN THE NE 1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA Commencing at the Northeast corner of Lot 1 of Norton East Ranch Subdivision, Phase 6, being the POINT OF COMMENCENT, thence N89º31'18”E a distance of 322.15 feet to the POINT OF BEGINNING, thence S69º49'30”E a distance of 53.69 feet, thence N89º31'20”E a distance of 56.23 feet, thence S69º52'30”E a distance of 127.52 feet, thence S60º36'44”E a distance of 143.21 feet, thence S22º30'43”E a distance of 136.12 feet, thence S44º05'55”E a distance of 28.05 feet, thence N89º56'47”E a distance of 403.86 feet to the Park of Valley West Subdivision, Plat J-320, thence N1º13'49”E a distance of 20.01 feet, thence S89º56'47”W a distance of 395.83 feet, thence N44º05'55”W a distance of 15.76 feet, thence N22º30'43”W a distance of 139.22 feet, thence N60º36'44”W a distance of 151.74 feet, thence N69º52'30”W a distance of 132.78 feet, thence S89º31'20”W a distance of 112.99 feet to the POINT OF BEGINNING. Said sewer main easement containing 0.423 acres, more or less. LEGAL DESCRIPTION I, Jon C. Wilkinson, Professional Land Surveyor, License No. 16411LS, do hereby certify that I conducted this easement survey. Dated this ______ day of ____________, 2025 ___________________________ Jon C. Wilkinson, PLS, CFedS MT Reg. # 16411LS Morrison-Maierle BASIS OF BEARING Bobcat Coordinate System, NAD83(2011) per the “Rocky Mountain Tribal Coordinate Reference System” Handbook and User Guide, Published September 30th, 2014 and subsequent revisions. Established by observations with survey-grade GNSS receivers. LOT R 1 B LOT R 1 A PARK - VALLEY WEST SUB. PLAT J-320