HomeMy WebLinkAbout14- Park Street Holdings LLC Sewer and Water Pipeline and Access Easement and Agreement City of Bozeman-City Clerk
P.O. Box 1230
Bozeman, III' 59771-1230
2477714
PageCha : 1 of 6 04/03/2014 04651:58 PM Fee: $42 00
MT
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SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Park Street Holdings LLC,the GRANTOR, in consideration of One Dollar 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
anuroximately 9871f(sewer) and 1,027 if(water)pipelines with the usual services, valves,
connections, accessories and appurtenances for the purpose of transmitting sewer and water in,
through, and across a strip of land situated in Gallatin County, Montana,to be located on the
following described real property:
Lot 1 A Amended Subdivision Plat 454A, situated in the West %2 of Section 15, Township 2
South, Range 5 East, P.M.M. City of Bozeman, Gallatin County Montana.
The easement is more particularly shown on the attached PUBLIC SEWER AND WATER
PIPELINE AND ACCESS EASEMENT EXHIBITS A, B & C which by this reference is 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 and Sewer
pipeiiiie(s), it vviii repair or replace:, at i s sole fxpensc, or pay of G1RA1VTv1R(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
Park Street Holding LLC Sewer&Water Pipeline&Access Easement
Page 1 of 6
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�day of , 2014.
GRANTOR
STATE OF MONTANA )
):ss
County of Gallatin )
On this day of , 20 , before me the dersigned, a Notary
Public for the State of Montana,personally ap eared known to
me to be of die person ose name is
subscribed to thew in instrument and acknowledged to me the executed the within
instrument for and on behalf of VbA 2)Jr,e e+- 0, L)l
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
MONICA A.BURT
,"e�� NOTARY PUBLIC for the
ARigf state of Montana
Res a �,u�te,Montana
M
Not y Public f r the S of M na SEAL Q � nAn EXPIres
°�yrF�� e� February 17,2016
(Printed Name)
Residing atj LIEN c�t �Y,tr
My Commission expires 2 , / JT /20 Ce
Park Street Holding LLC Sewer&Water Pipeline&Access Easement
Page 2 of 6
ACCEPTED:
CIT by CItO E
City Manager
ATTE$ 7f M Y if ♦ �
City C-,lax
e
STATE OF�vfONTM4A )
)SS.
County of Gallatin )
On this 3 day of Mercy ,2014 before me, a Notary Public for
the State of Montana, personally appeared CHRIS KUKULSKI and STACY ULMITI,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.
UNC AIMEE BRUNCKHORST
8(1
�X:otaii `ho UBLIC for the
Not y Public for the State o Montana .9N
Q. •- a e f Montana
SEAL Residing at Belgrade, Montana
:2 My Commission Expires
(Printed Name) 9 :oFor
Residing at December 04,2016
My Commission expires / /20
Park Street Holding LLC Sewer&Water Pipeline&Access Easement
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EXHIBIT A
PUBLIC SEWER AND WATER PIPELINE
AND ACCESS EASEMENT 0 20 40
SITUATED IN LOT 1 A OF AMENDED
SUBDIVISION 454A IN THE WEST 1 /2 OF 113 40'
SECTION 15 T2S, R5E, P.M.
R.O.W.
N 89'55'38" E
30.00'
N 00'04'22" W S 00'04'22" E
24.04 F
� 24.04'
N 89'55'38" E
4.45'
N 89'55'38" E
z 95.23'T
0
0 LA I PUBLIC WTR & PI-Pt
N N II SWR EASEMENT r; N
S 8J'5538" W
29.67'
PUBLIC WTR & SWR
POINT OF BEGINNING Z I EASEMENT
PUBLIC ACCESS U, o I SEE EXHIBIT C
EASEMENT N
30' WIDE ACCESS o
AND UTILITY EASEMENT N
® 20' WIDE
UTILITY EASEMENT
® � I LOT 1A E
AMENDED
SUBDIVISION 454A
lo
PUBLIC WTR & SWR 3
EASEMENT
SEE EXHIBIT B
a
PROPERTY
PROPERTY , I LINE M
CORNER N
LOT 2A N
AMENDED
SUBDIVISION 454A
i
TOWN PUMP #8 MADISON ENGINEERING EXHIBIT A
WTR & SWR EASEMENT 895 TECHNOLOGY BLVD SUITE 203 DRAWN BY: CGB
BOZErt A�y BOZE.NLIN,.NIT 59718 DATE: 12/18/13
1VA V, MT PHONE(406)586-0262 FA\(406)586-5740
PROJECT# 12-137
'EXHIBIT B
PUBLIC SEWER AND WATER PIPELINE
AND ACCESS EASEMENT
SITUATED IN LOT 1 A & 2A OF AMENDED
SUBDIVISION 454A IN THE WEST 1 /2 OF 0 30 fi0
SECTION 15 T2S, R5E, P.M.
55'89 N '38" E
I PUBLIC WTR & SWR
30.00' IEASEMENT. SEE EXHIBIT C
L--�,i
30' WIDE ACCESS
AND UTILITY EASEMENT
20' WIDE
UTILITY EASEMENT I
I � PUBLIC WTR & SWR
EASEMENT
SEE EXHIBIT A
' I
LOT 1A
AMENDED
SUBDIVISION 454A
PROPERTY I I 7—PROPERTY
CORNER I I LINE
I
I
LOT 2A
R.0.W. I z Icn AMENDED
4� o -do SUBDIVISION 454A.
co 0 co C5
tD 00 N m
a I a
Q I i Im
Ci E
o _ m
N
Q II I 3
o
I
u I I
w
II I PUBLIC WTR & 3
SWR EASEMENT
II I _°
O
C
I I °
O
U
IIa
II I 3
POINT OF BEGINNING • O
r r r _ I I I SWR S 89'54'58" W
El1JCIViIa'd i I I ' 30 00'
PROPERTY I PROPERTY
N
CORNER J LINE
0
a
N 89'54'58" E
25.00
7�
TOWN PUMPUMP #8 MADISON ENGINEERING EXHIBIT B
WTR & SWR EASEMENT 895 TECHNOLOGY BLVD SUITE 203 DRAWN BY: CGB
,(� �/� /�
BOZENIAN,NIT 59718 DATE: 2/1 1/1 4
BOZEMAN, MT PHONE(406)586-0262 FAX(406)586-57+0
PROJECT# 12-137
EXHIBIT C
PUBLIC SEWER AND WATER PIPELINE
I I AND ACCESS EASEMENT
SITUATED IN LOT 1 A OF AMENDED 3
0 30 bo ( I SUBDIVISION 454A IN THE WEST 1 /2 OF
1��= bo� N o040 22 w SECTION 15 T2S, R5E, P.M. N
— — — — - --- �— N 89_55'38—E - - - -- - -J- � o
ca
S00'05'01"E 3
I � 358.52' � 40.72' `�
PUBLIEAS EASEMENT
SWR
— — — - - - -- - - - -- - - - S 89'55'38" W
30' WIDE ACCESS 358.53'
W
AND UTILITY EASEMENT LOT L
20' WIDE POINT OF BEGINNING Ilz MINOR
UTILITY EASEMENT I PUBLIC WTR & SWR SUBDIVISION 313 0
EASEMENT EASEMENT C
q I I SEE EXHIBIT A LOT lA I j CA
O AMEI�'DED I ,�
O C Q I I SUBDIVISION 454A 'I
PUBLIC WTR & SWR
o a I I EASEMENT I o
E-+ SEE EXHIBIT B
i
N
j
R.O.W. I I PROPERTY LOT 2A I PROPERTY 0
I LINE AMENDED CORNER
SUBDIVISION 454A I I a
TOWN PUMP#8 MADISON ENGINEERING EXHIBIT C
WTR &SWR EASEMENT 895 TECHNOLOGY BLVD SUITE 203 DRAWN BY: CGB
BOZEM7�-�� xo'LENIAN,MT 59718 DATE: 2/1 1/14
A1�!, MT PHONE(406)586-0262 FAX(06)586-5740
PROJECT# 12-137