HomeMy WebLinkAbout09- Bozeman Partners (Spring Creek Alzheimer Care) Water Pipeline Easement and AgreementRettlrn to:
City Clerk
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
WATER PIPELINE EASEMENT AND AGREEMENT
Bozeman Partners LLC, 111 Market St. NE Suite 200, Ol~pia, WA 98501, the
GRANTOR(S), in consideration of 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 44 LF of water pipeline 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, to be located
on the following described real property:
NW '/4 of Section 2, T2S, RSE, P.M.M., West Winds Major Subdivision Phase 4,
Block 2, Lot 1.
The easement is more particularly described on the attached Exhibit A which by this
reference is made a part hereof, and as described below:
Commencing from the center quarter corner of Section 2; North 64°26'47" West
a distance of 1657.15 feet to the point of beginning of the water pipeline
easement, also being a point on a curve of the north right-of--way of Breeze Lane;
Thence, along said curve to the right, concave northerly, with a radius of 470.00
feet, a delta angle of 03°39'37", and a chord bearing South 73°50'22" West,
30.02 feet; Thence, leaving said right-of--way, North 18°18'31" West a distance
of 57.32 feet; Thence, North 71°41'29" East a distance of 30.00 feet; Thence,
South 18°18" 31" East a distance of 58.44 feet to the point of beginning.
Said tract of land being 0.04 acres.
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: 2323897
J Page: 1 of 4 03!1312009 08:26:41 AM Fee: $28.00
Charlotte Mills -Gallatin County, MT MISC
~At-~-°-"'t~~ L11111111111111111111_Illllll1111111111111 IIIII111111111111111IIIIIIII
(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 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.
DATED this /L ~ day of , 20 D`~
_ ~
STATE OF WASHINGTON )
ss.
-- ---- ~outlt3'-~f Th»rctn~ -- --- -)
On this /Z~ day of ~~~ , 200~before me the undersigned, a Notary
Public for the State of Washington, personally appeared, Aaron Koelsch, known to me to be the
Managing Member of Bozeman Partners, LLC and the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the within instrument for and on
behalf of Bozeman Partners, LLC.
2
Title: Owner
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
Notary Public for the State of Washington
~Il~n M. 51~,ar'bo~o
(Printed Name)
Residing in ~'~wt~S I~fF
My Commission Expires / p ~ /20~
ACCEPTED:
A'T~s'I': „`, r
' ;
~
` .~
.~
.,
hM-
`i
r X11 . "\ '~ +j
~~~~ .
~ /.: ~k.
~ 1--' ~
P f / ~,r ~.
ST'~B~'~NI~N"I`ANA )
ss.
County of Gallatin )
(SEAL)
Trrrrrrrrrrrrrr~Yrrrrrrurrrrr~
ELLEN M. SHARBONO
i NQTARY PUBLIC ~
~ STATE OF WASMiNaTON
My GommN~ion ~plhallprN ~!. 90t.?
irrrrrrorwlrarwrrrrrrrrrNr
TY OF BOZEMAN
By its City Manager
On this _~~ day of ~q~ , 2049 before me, a Notary Public for the
State of Montana, personally appeared CHRIS A. KUKULSKI and STACY 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 wri E E K 1 S S E L
ARV PlJ k3LIC
FOR THE STATE OF MONTANA \\\\11IIIf~/////
RESIDING: AT
' BOZEMAN. MONTANA ~~ `MEE 4 ~~j/
1~/IV GOMMIStiION EXPIRES ~-, .~~,5 //
2 - U[1 - GU 1 2 ... w
No Public for the State of Montana _= `~~r~Lu:,r
1 ~ l *~ -
.~ s~~L
(Printed Name) ~~~+ .
Residing at Bozeman, Montana ~~ o f; ..... ~~t'~~~~
My Commission Expires: _/ /20 //i%j~°~~~\\~\
~~
EXHIBIT A
PORTION OF FNAL PLAT OF THE
WEST WINDS MAJOR SUBDIVISION PHASE 4
SfTUATED IN THE NW 1/4 OF SECTION 2, T2S, R5E, PMM
onLLnTri courrrr, MoNrnNn
o ~ ~
WEST WINDS PHASE 4 \
(~ BLOCK 2, LOT 1
3~~i~E ~~
,.~
--, ~
cp -'
WATER EASEMENT
J
AREA = 0.04 AC.
~, •~
~~` ~. P.O.B
E
-- N~ N
_- - ,
N 6426
4 j
'
=470.00
L=30.03'
3'39'37"
~
Chord=30.02', /
/
S73'50'22° /~ ~ CENTER 1/4 OF SECTION 2,
// - T 2 S, R 5 E, P.M.M.
_ ----~'
WES
T WINDS PHASE 3 AMENDED
BLOCK 2, PARCEL 1
N
30 0 30
scale ~ ~~ - 30' feet
EXHIBIT A
WATER EASEMENT
~y-~
BOWL HKM
Oi\28\10010\Ol\tlwg\EASEHENT-EXHIHIT.dag 2/10/2009 102226 AH MST CopXight (C) 2009 DOWL HKM. All Rights Reserved.
THE CITY OF BOZEMAN
20 E. OLIVE • P.O. BOX 1230
BOZEMAN, MONTANA 5977 1-1 230
ENGINEERING DEPARTMENT
PHONE: (406) 582-2280 FAX: (406) 582-2263
REPORT TO:
FROM:
SUBJECT:
MEETING DATE:
Commission Memorandum
Honorable Mayor and City Commission
Brian Heaston, Project Engineer
Chris Kukulski, City Manager
Water/Sewer Pipeline Easements -Spring Creek Alzheimer Care
March 9, 2009 Consent Agenda
RECOMMENDATION: Authorize the City Manager to Sign a Water Pipeline Easement and
Agreement and a Sewer Pipeline Easement and Agreement for the Spring Creek Alzheimer Care
development.
BACKGROUND: A partially executed Water Pipeline Easement and Agreement and a partially
executed Sewer Pipeline Easement and Agreement between Bozeman Partners, LLC and the City of
Bozeman is attached. The easement will allow construction of public water and sewer infrastructure on
the project site of the Spring Creek Alzheimer Care development. Engineering Staff has reviewed the
documents and has found them to be acceptable.
FISCAL EFFECTS: N/A
ALTERNATIVES: None recommended.
Respectfully submitted,
Brian Heaston
Project Engineer
Attachments: (1) Sewer Pipeline Easement and Agreement
(1) Water Pipeline Easement and Agreement
Report compiled on February 26, 2009
cc: Project File
Approved by:
Chris A. Kukulski
City Manager
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK