HomeMy WebLinkAbout2202603_20' Waterline Easement 11111111110111112202603
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Shelley Vance-Gallatin Cc MT MISC 0@6 0f.27P
66.00
WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Bozeman Country Hotel Group, LLC, the GRANTOR(S), in consideration of one dollar
($1) 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 411 East Main, Bozeman, Montana, 59715, 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, twenty (20 ) feet wide to be located on the following
described real property: Lot 2 of Minor Sub. No. 358 situated in the SE114 Section
26, T1S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana.
The easement is more particularly described on the attached Exhibit(s)
which by this reference are 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. Illlllliilllllllillillillliflillllll Ill ll ill 111 lilt l ill � �? @ 06 0,.27P
Shalley Vanoe—Gallatin Co M7 MISC 66.00
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating patrolling, repairing,
substituting, removing, enlarging, replacing, andmaintaining of said
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 replacemert 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 substantiallythe 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 alkweather 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 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
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2202603
II IIII�IIIIIIIIII09/2012005 27P
Shelley Vance-Gallatin Cc MT MISC 66.00
upon the heirs, executors, administrators, personal representatives, successors
and assigns of the parties hereto.
DATED this V_ day of ,20o5
Boz man Country Hotel Group, LL
By: J. Herbert Fisher
Managing Member
STATE OF )
ss.
County of Cklilaho }
On this �S day of &jLj 2005, before me the undersigned, a Notary
Public for the State of Mcat y1 personally appeared
,�. �Aerber+ Es6c , known to me to be the
iAan aiq t4pw6-r of 4�Ozenym Court--ru }}nl1 Grt�L)P, U� and the
person whose name is subscribed to the within instru ent and acknowledged to me
that he executed the within instrument for and on behalf of
` -z-'r- an Cw ✓-rrl "lYzQp� LLC
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
in
Knc e�Q yL_
Notary Public for the State of M ova
Calk hy�L D. UeviPn
(Printed Name)
Residing in 'R,czehnnn
My Commission Expires _ 1 /��/20 Ol
ACCEPTED: `
CITY OF BOZEMAN
�., by its V m;jnf3ger
AT fEST
r - ff>i�'Cify t'pi7fimission
STAB b,F,M,0NTANA )
) ss.
County of Gallatin )
On this i�l� day of 2QO�j:7before me, a Notary
Public for the State of Montana, p rsonally appearedCHRIS A. KUKULSKI and ROBIN
J
9202603
ZfJP
Shelley Vance-Gallatin Cc MT M[SC 55.00
L. SULLIVAN, known to me to be the City Manager and Clerk of the City Commission
for the City of Bozeman and the persons whose names aresubscribed 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.
l,tt f,
Notary rublic fo he Stat of Montana
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires:/ Z-5- /200
4
EXHIBIT A
SHOWING A WATER LINE EASEMENT ACROSS LOT 2 OF MINOR SUBDIVISION No. 358 SITUATED IN
THE SE1/4 SECTION 26, T1 S, R5E, P.M.M., CITY OF BOZEMAN. GALLATIN COUNTY, MONTANA
N \ EXISTING 30'—MADE \ \\
SEWER
SCALE: 1 A=120' \\ PER DOC #2044565
EXISTING
LI E3 SEWER EASEMENT
LME TABLE
LLNE BEARING DISTANCE \ 1
L1 NOB'51'29'W 19.95 EXISTIN
L2 S81'08'31'W 8.00 \ \ \ \\ N` ��' \ \\\ UTILITY GEASEMENT
L3 N72'21'03"E 18.61
L4 N17'38'57'W 20.00
L5 S72 1'03"W 18.50 \ 1 1 1 1 \\
L6 S69'15'56"W 20.03
\EXISTING ` ' 15
Et4SEINT \
A water line easement across Lot 2 of Minor 1 LOT 2 \ \
Subdivision No. 358 situated in the SE1/4 r� }` } \
Section 26, T1S, R5E, P.M.M., City of
Bozeman, Gallatin County, Montana, and y\ } \
being further described as follows:
Beginning at a point on the east
right—of—way line of East Valley Center Road } \ }
that bears N08'51'29"W a distance of 12.48 \ } l PROPOSED 20'—WIDE }\
I ! EASEMENT \
feet from the southwest corner of said Lot } } } } � WATER LINE \ } \
2; thence N81'22'07"E a distance of 176.00 I 1 Nl
feet; thence (L1) N08'51'29"W a distance of EXISTING
0—WIDE
19.95 feet; thence (1-2) S81'08'31"W a JOINT ACCESS
distance of 8.00 feet; thence N08'51'29"W a EASEMENT
distance of 333.16 feet; thence (1-3)
N72'21'03"E a distance of 18.61 feet; thence � } l EXISTING 20'—WIDE(L4) N1 T UTILITY EASEMENT
a distance of 20.00 feet; �ti j }
thence (1-5) S72'21'03"W a distance of 18.50
feet; thence N1738'57"W a distance of SOB-51.291
275.56 feet; thence (1-6) S69'15'56"W a 20.00!-' } i }
distance of 20.03 feet; thence S1738'57"E a 7
8 inning
distance of 292.28 feet; thence S08'51'29"E Point
1 l } 30'—WIDE JOINT I l I
SS EASEMENT
a distance of 332.14 feet; thence }r FOR THE BENEFIT
S81'22'07"W a distance of 148.00 feet; No831'29"W } AND USE OF LOTS 1 do 2 1
thence 50851'29"E a distance of 20.00 feet 12.48' } S 1 }1
to the Point of Beginning.
EXIST nNG 4 20'—MADE LOT f
} UTILITY EASEMENT
GASTON ENGINEERING & SURVEYING PROECT.- 02-516 PA GE.- 1 OF 1
P.O. BOX 861 ORAWING. 02-516 FSP
BOZEMAN, MT 59771 406 586-0568 TAB. WTR ESMT DATE.- 07125105
I�IIII� � IIIIII IIII IIIIIII III�� I�I IIII IIII I��� 2202603
Shelley Vance-GaLlatln Cc MT MISC 55.00