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HomeMy WebLinkAbout08- Sewer and Water Pipeline and Access Easement and Agreement Scala Properties LLC Bozeman Brewery Sewer Main Easementr City Of Bozemrxn, ~'ity CCer~,'s Offzce ~? O. Bob 123D Bozeman, Montana S9T71-1230 _. _ -- - l4A~~~ ,~ a n ~a© ~" ~ ° SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT ~`~ 0.d m Scala Properties L.L.C., a Delaware limited liability company, with offices at 122$ 3151 ~~ N ~.":" St. N.W., Suite 2, Washington, D.C. 20007, the GRANTOR(S), in consideration of$1.00 and. ~~ U N . ~ other good. and valuable consideration, receipt of which is acknowledged, grants} to The City of .,.~~ ~~ ~ Bozeman, a Municipal Corporation of the State of Montana, with offices at 411 East Main Street, ~_~ -.. ~~~"' ~ P.O. Box 1230, Bozeman, Montana 59771, GRANTEE, its successors and assigns, a perpetual `: ~ easement to lay, construct and maintain a sewer pipeline, approximately 232 feet in length with ~...... the usual services, valves, connections, accessories and appurtenances for the purpose of 0 r transmitting Sewage in, through, and across a strip of land situated in Gallatin County, V Montana, Twenty (20) feet wide to be located on the fallowing described real property: South-East quarter of Section 6, Township 2 South, Range 6 East 1'.M.M. The easement is mare particularly described on the attached Exhibit(s) 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. a r ~aq 1~°4 ~yN N /V~~,~ ~n aY20 .~ ~~ ~. ~~ .~ ~~ ~~ ~~ ~* .... ~~ ~. ~w~ ~~ ~r ~.., ~~ ~. ,~. THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, m m N N (2) H E O U ro v W w 4 t V removing, enlarging, replacing, and maintaining of said Sewer 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. 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 tap soil for replacement over the trench. It will remove from the site any large racks 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 maybe 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, ar any part of it, and th..t tl~cy 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. a ~ T DATED this 2r1'r`''day of re 6fv ur ~~m ~ .~ m moo ~mn .. ~ d m- ~ao N AT"TESTS .~~~k~' ~ ~ ~~ ~'~ _ .r. _. .~~ city cle~~a `. ~~~ ~ v • ~" STATE ~l~,1~iIsQ1'~TTANA ) ss. County of Gallatin ) ~, r DISTRICT OF COLUMBIA ) ~_ E O r...~. ~ CITY OF WASHINGTON ) ~.... ,~.~^ .~ ;„ I, the undersigned, a Notary Public in and for City of Washington, in the District of Columbia, hereby certify that JOHN A. SCALA, whose name as President of SCALA PROPERTLES, L.L.C., a Delaware limited liability company, is signed to the foregoing instrument, and who is a known to me, acknowledged before me on this day that, being informed of the contents of said instrument, he, as such officer and with full authority, executed the same voluntarily on the day the same bears date, far and as the act of such limited liability company. Given under my hand and icial seal, this the day of February, 2008. W ~: ~ T~ ....ti~~ ~tf1IT],~#~s~; X res: ` ~~- ~-o ~- ACCEPTED: 20 03 SCALA PROPERTIES, L.L.C. By: ~. Jo .Scala, President CIT ~OZ ~ BY ~ c. City Manager On this ~ day of , 2~ before me, a Notary Public for the State of Montana, personally appear d HRIS A. KUKULSKI and STAGY ULMEN, 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. ~lesiding at Bozeman, Montana, , I My Commission Expires: ~/ /20 ``~~~~~u n u i i~iii~~~~ ~~\P,~N E R B/C~/,i~Gi . ti '~ 'r~'••NorgR~ '• m ~• S ~`•m_ • ~z ••~ s a r m ~o Q! ,~ ~,o© 0 ~~~ M t'*y ~, _ tV~© ~,.~ ~~ N ~~ ~ ~~ ~ _~ ~ ~' o ~ U C ~ .~ ~ ;~ ~~ ~ ~ r ~ ~ >L ~~ y ~w ~r_ O rrri ~ ..~ " r U EXHl6/T "A" The Bozeman Brewery Sewer Main Easement Located Within LOT 1 OF THE AMENDED SUBDIVISION PLAT C-23-A6 AND TRACTS 1 AND 3 OF MINOR SUBDIVISION #3 OF BLOCK 109, NORTHERN PACIFIC ADDITION TO BOZEMAN, MONTANA S 89` 17 03" W 21.s4' T.-1M,~#i~,~C'f~ .ST,idb'N"!' 5 f39° 1 T 03' W '3 N;:"STt: .. 2000 C,C' .. .. i~ a'1 t i A?3 X31• ...~ p-. .gyp ~. _... .... •;t ( j I ;..~ I m I ~~- I °~° iL'~~` .~, ~ w c l 1 a~ I ,,, i. ~i~ i r,~ I° I ' I I i ! 145.4; I p- .....-.~.~.......L__...-. r .. I r~ eo° oa air ~ 165.1.3' i 1 I +i f. ~. ' M i„ 1.t...glu - ~, rr Tract. 1 ~ ~~ ~ tf N i LOCATED IN THE SOUTH-EAST ONE-QUARTER OF SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST, P.M.M. GALLATIN COUNTY, MONTANA c-. ;rt:rror ~aucirvawn ~.S .._ ~ 2371 E.& 5{d. F-f. ~?; i .= 1 IPdr ............ `i 89.1 7" ., W ~ '' /,. 'tY C~'~. ~ ~ rx as ~ ~ ~'. in C"a ~q ..; m 1.6` j t+1SCNES~ C't;RNER S CCt'S3' 2" 'dJ ^4.1.t~• `; 8,x..14' 18" F' ' ..... _.. 92..k3F' T] C - 1.~ ~ n^-:ended FiCt L'--23 A16 4f} J) ~~ i IS .~~.l it 13 ~ ~y~ 1 __..Mi ....... 1 „k.4.~f• ' `T U H „r i. rn U 7_ NITARY SEWER ,SENT NO`54't9"E 20.00' N41LTH 0 Feet 50 HYALITE ENOINEERS,PLLC 1111 kr:SF~RCN u IvE BOSC rn nrv, xn159r1a wEB: www.hyaliteeny.com The Bozeman Brewery 801 8~ 803 N. Wallace Ave. Bozeman SQURCE: AMENDED PLAT C-23-A1b SCALE: As Noted JOB NUMBER: Q@1254 SHEET: EXHIBITA