HomeMy WebLinkAbout07- Remington Square Public Access and Water Pipeline EasementsPUBLIC ACCESS EASEMENT
Richard N. Stefani, GRANTOR, in consideration of $ 1.00 and for other and valuable
considerations, receipt of which is hereby acknowledged, grants to The City of Bozeman, a
Municipal Corporation of the State of Montana, with offices at 411 East Main, Bozeman,
Montana 59715, GRANTEE, a public access easement for a driveway and parking area for the
use of the public in, through, and across a 26.00 feet wide strip of land situated in Gallatin
County, Montana, which is located on the following described property: Lots 2 and 3, Block 1 of
the Correction Plat of Kagy Crossroads Subdivision located in the SE 1/a of Sec. 14, T. 2 S., R. 5
E. of P.M.M., City of Bozeman, Gallatin County, Montana.
The easement is more particularly described on the attached Exhibit A which by this
reference is made a part hereof.
The GRANTOR agrees:
(1) To construct and maintain the driveway and parking area at their own expense in
accordance with relevant City Ordinances, including, but not limited to, snow removal
and all major and minor repair work.
(2) To allow the City to make any and all inspections of the driveway and parking area and
land appurtenant thereto as the City reasonably deems necessary.
The GRANTOR warrant 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.
The GRANTOR further agrees that 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 shall extend to and be binding upon the heirs,
executors, administrators, personal representatives, successors and assigns of the parties hereto.
DATED this f ~ day of . 20d~. % w _
By:
Grantor
STATE OF MONTANA )
)ss.
County of Gallatin )
On this,/~day of ./~In/~/A2,J ,20~ before me, the undersigned, a Notary
Public for the State of Montana, personally appeared /~f{rtR.D i/- S~,c'A.// known to me
to be the person whose name is subscribed to the within instrument, and acknowledged to me
that he/she did execute the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
-= ~- -
- - ~5~~-.
y -- __ ~ ' _ Notary Public for the S to of Montana
(Printed Name)
Residing at ,~bztinan/ /~T
My Commission Expires o~/~_/204~
ACCEPTED:
CITY OF BOZEMAN
by
City Manager
ATTEST:
City Clerk
STATE OF MONTANA
)ss.
County of Gallatin )
On this day of , 2_, before me, a Notary Public for
the State of Montana, personally appeared CHRIS KUKULSKI and BRIT T. FONTENOT,
known to me to be the 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 / /20
r
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EXHIBIT A
PUBLIC ACCESS EASEMENT
ACROSS A PORTION OF KAGY CROSSROADS SUBDIVISION, BLOCK 1 , LOTS 2 & 3,
LOCATED IN THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH,
RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
EASEMENT AREA = 0.265 ACRES
REMINGTON WAY
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AREA (HATCHED)
w I N90'00'00"E 169.33'
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`ni'f-EXISTING 30' PUBLIC ACCESS
& UTILITY EASEMENT
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LOT 3
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BEARING BASIS: WEST LINE OF LOTS
2 & 3 AS PER ORIGINAL PLAT.S~
WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Richard N. Stefani, the GRANTOR(S), in consideration of $1.00 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 a water pipeline
with the usual services, valves, connections, accessories and appurtenances for the purpose of
transmitting water service in, through, and across a strip of land situated in Gallatin County,
Montana, 30.00 feet wide to be located on the following described real property: Lot 3, Block 1
of the Correction Plat of Kagy Crossroads Subdivision located in the SE '/a of Section 14, T. 2 S.,
R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana.
The easement is more particulazly 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 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 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
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 maybe
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!l~~~~„~_ 0~,
~-
GRANTOR
STATE OF MONTANA )
ss.
County of Gallatin )
On this ~7 day of ~~/~//~-,Q,~ , 20~, before me the undersigned, a
Notary Public for the State of Montana, personally appeazed ,~iG,~y2O .*~ ~T~~;¢,,lj ,
known to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year above written.
_ - ~-(SE~ _ `~
t7
lJi
N,/o~ary Publfa-€Q;r the , ate of Montana
I'ATPi~-~~9 ~E'TT/~.2~c~
(Printed Name,
Residing at ,/J~ 6 ~y/ ~~
My Commission Expires iL/.~,3„~/20 ~
ACCEPTED:
ATTEST:
City Clerk
STATE OF MONTANA )
ss.
County of Gallatin )
CITY OF BOZEMAN
By
City Manager
On this day of 2 , before me, a Notary Public for the
State of Montana, personally appeared CHRIS A. KUKULSKI and BRIT T. FONTENOT,
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: i/ /20
EXHIBIT A
WATER PIPELINE EASEMENT
ACROSS A PORTION OF KAGY CROSSROADS SUBDIVISION, BLOCK 1, LOT 3,
LOCATED IN THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH,
RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
EASEMENT AREA = 0.130 ACRES
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°oo~ 2 & 3 AS PER ORIGINAL PLAT.
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15' ~--PUBLIC ACCESS EASEMENT
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NEW EASEMENT
AREA (HATCHED)
LOT' 6 I ----------
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