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Home My WebLink AboutE2 - Storm Pipeline and Access Easement and Agreement RETURN RECORDED DEED TO: Bozeman City Clerk PO Box 1230 Bozeman,Mt 59771-1230 STORM PIPELINE AND ACCESS EASEMENT AND AGREEMENT VGW Investments, LLC, a Montana limited liability company, with a mailing address of 2011 Fairway Drive, Bozeman,MT 59715,the GRANTOR,in consideration of$1.00 and for other and valuable considerations,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, the GRANTEE, its successors and assigns, perpetual easements to lay,construct and maintain Storm Drainage Facilities with the usual services,valves,cones,accessories and appurtenances for the purpose of transmitting Storm Water in through and across portions of the following described property situated in the City of Bozeman,Gallatin County,Montana: Lot 3 of Tract 6 Plus Vacated Single Tree Court, Gardner Simmemal Plaza Subdivision, Section 35, Township 2 South,Range 5 East of P.M.M.,Gallatin County,Montana. The easements are more particularly described and dimensioned on the attached Exhibit A which by this reference is made a part hereof. This grant includes the right of the GRANTEE, its successors, perinittees, licensees,and assigns their agents and employees,to access always 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 routes and locations ofthe easements and the pipelines and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain impoundments, pipelines,services,connections,accessories,and appurtenances. (2) Trim,remove,destroy,or otherwise control any trees and brush inside or outside the boundaries of said 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 said Storm Water Drainage facilities. (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 Strom Pipeline Easements,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 topsoil for replacement over 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 backfill ing 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 settlement has taken place. THE GRANTOR AGREES: (1) At no time will they build,construct,erect or maintain any permanent structure within the boundaries ofsaid 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 warrants that they are lawful seized and possessed of the real property above,that they have a lawful right to convey the property,or any part of it,and that they will forever defend the title of this property against the claims or all persons. (5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR.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 Milky of aAk 20kVC GRANTOR,VGW Investments,LLC,a Montana limited liability company. By: STATE OF MONTANA ) :ss County of Gallatin ) This instrument was signed or acknowledged before me on this day of 20 by � r1,N4as�ttnnDt' of VGW Investments,LLC,a Montana limited li bili ompany. (SEAL) LA�=auy-),Z� Notary Public for �the "State of Montana j Printed Name: �1+AOIfk BAR STACIA LEE ARMKNECHT Residing at_- .V Notary Publlc _�� ti r'��• pTARf/ '' gT.d __qZ•.4y_for the State of Montana My commission expires *• ,,_ Residing at: �n, SEAL:4: Bozeman, Montana My Commission Expires: April 8, 2028 Dated this day of .20 ACCEPTED—CITY OF BOZEMAN By:Chuck Winn,its City Manager ATTEST: By:Mike Maas,its 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 Acting City Manager and City Clerk,respectively, of 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 Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana Printed Name: Residing at My commission expires LEGEND EXHIBIT A CALCULATED PROPERTY BOUNDARY PER PLAT J-5 STORMWATER EASEMENTS ADJACENT PROPERTY BOUNDARY SETBACK EXISTING EASEMENT STORMWATER EASEMENTS THIS DOCUMENT LEGAL DESCRIPTION - - - LOT 3 OF TRACT 6 PLUS VACATED SINGLE TREE COURT, GARDNER SIMMENTAL PLAZA SUBDIVISION, RAWHIDE RIDGE SEC. 35,T1S,R5E OF P.M.M. GALLATIN COUNTY,MONTANA TOTAL AREA OF EASEMENT: S890 05' O4"E 443.89' 2,862 SQ.FT. 361.89' 0.066 ACRES -- - - 82.00'/ I I o M II SO'54'56"W 35.00' 1� I S89°05'04"E 81.60' N L a N N J W N N MZ O W .�oNTANq. M I LOT 3 � M I 98,759 SQ. FT. MBRLS" I Z I 2.2672 ACRES y NO. 17 ,�s VACATED SINGLE � TREE COURT ENS � CERTIFICATE OF SURVEYOR N890 05' O4"W 443.89' I I,Morgan Bills the undersigned Professional Land Surveyor,do hereby certify that this exhibit was created by me,or under my i supervision,that the information shown hereon is true and correct 0 120 to the best of my knowledge, 0 60, Dated t is day of ramry 2025. 7N SCALE 1 1 - 60' & Mor Bills,PLS GRID NORTH AT THE SW COR.OF THE SUBJECT TRACT Mon ana Registration No.61745 L.S.