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Home My WebLink About14- Baxter Meadows Sewer and Water Pipeline and Access Easement and Agreement Return To: City Clerk PO Box 1230 2484599 Page: 1 of 6 06/27/2014 02,33:37 PM Fee: $42 00 Bozeman, MT 59715 Char 1111111�11111 1t Gallatin ��1111 11111 11111 1111111 111 1 111 im 11111 1111 1111 Mr sc SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Baxter Meadows Apartments, LLC, a Utah limited liability company, the GRANTOR(S), in consideration of$ 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 sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewage and water in,through, and across irregular strips of land situated in Gallatin County, Montana, to be located on the following described real property: A tract of land, said tract being Lot 1, Block 15 of the Plat of Baxter Meadows Subdivision, Phase 2B, said tract being located in the SE 1/ of Sec. 34, T1 S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly 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 sewer, and 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 day of 1 20 1,44 LANDOWNER: Baxter Meadows Apartments, LLC, a Utah limited liability company ��a �c,,Ar , Signa ure Printed name and title STATE OF UTAH ) ss. County of Salt Lake ) On this2""Q day of E , 201 before me the undersigned, a Notary Public for the State of Utah, personally appeared, S , known to me to be the ,,_, of Baxter Meadows Apartments, 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 Baxter Meadows Apartments, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. NOTARY PUBLIC -- a CHA8 JOHN&A (SEAL) 856431 COMMI88M EXPIRES APRIL 23,2016 STATE OF UTAH of Pub 'c r the State of Utah (Printed Name) Residing in �6e us� , VT- My Commission Expires_ L-- / ?_� /2016 DATED this_Q? —'day of a444-., , 20-LE. CITY OF BOZEM�AN Title ,T �' l G Ku e ATT$ S 02 r C' r ST T TQ ) County of C�ral£a'tiz� ) On this day of -J-�4nQ, , 2�4, before me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI and STACY ULMEN, 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) No&ry Public for the State of Mo tana ��eo�noo AIMEE BRUNCKHORST (Printed Name) ��:•� ..,�� NOTARY PUBLIC for the Residing at State of Montana N. SEAL,,I Residing at Belgrade,Montana My Commission Expires / /20 �iF........-• �= My Commission Expires of Mo December 04,2016 EXHIBIT A PUBLIC SEWER AND WATER PIPELINE EASEMENT ACROSS A PORTION OF LOT 1,BLOCK 15,THE PLAT OF BAXTER MEADOWS SUBDIVISION,PHASE 2B LOCATED IN THE SE 114 OF SEC.34,T1S,R5E,P.M.M. CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA LOT 2A1 COS 2202C A=80 00 KIMBERWICKE STREET YELLOW PLASTIC CAP n=13-20'17" Ch. Brg N07'43'46"E _ N89'41'57"E 492.47'— — — 12251 LS" (TYP) Ch, Disl 80.13' ro Z LI o 184.33' 1 L5 243.44' 4Q�g h 4.70 L21 S8T41'57"W 118.23 IQ I S89'41'57"W 146.03' w z�� NEW PUBLIC e a WATER AND I�—�� ew o° h, SEWER / r L13 J o 589'41'S7"W 1 44.62' I Qs 3 a PIPELINE / L11 Q y EASEMENT / I LINE TABLE (484 SF) LINE BEARING DISTANCE I I 1 L2 S89'41'57"W 30.00' I L3 S00'17'57"E 104.40' / 8 L5 S89'41'57"W 30 00' Z I I z pp��40 I I L6 SOO'18'03"E 36.34' o 0 °i a�i �� L7 N00'18'18"W 19.50' I I m L8 N89'41'42"E 30.00' o I o ��j L9 S00'18'18"E 19.50'OO' 0 OSy 3 / L10 S 18'03"E 16.56' I I 't ti [� OF 6p 3 L11 S89'41'57"W Moo' w I c..� L12 NDO'18'03"W 15.56' w I m Z ry L13 S89'41'57'1N 66.49' o I I C. W L14 S01'11'42"W 4.62' = a v c I L15 NOO18'03"W 28.69' I r n / L16 NB9'41'57"E 30.00' I Ln O I L17 S00'18'03"E 28.69' L18 S89'41'57"W 30.00' I Z L19 S89'41'57W 30.00' Q L20 N0(718'03"W 16.18' 30.00. L21 N89'41'57"E 30.00 —� �30.00' p.., L22 S00'18'03"E 16.18' I I Q L8 v/ N89'41'42"E 162 95 — J �L—N89'4142"E 133.83' / J I tN89'41'42"E 123-62' NB9'41'42"E 243 14' ——— NEW PUBLIC WATER AND SEWER PIPELINE EASEMENT r I I NEW PUBLIC WATER AND (861 SF) - SEWER PIPELINE EASEMENT L1s (42,221 SF) rr r 79.42' L18 142.30• L2 340,56' 589'41'57"W 622.28' GALLOWAY STREET 2 W 6 R M A%TErA00W5 LOT I ——rJL01 7 LO 3 � Lo, R. PLAT OF BLO'�F 8A% VE DON7 PHASE 28 FINAL PI' ON PHASE 2 I SUBDINSION SU8 �' .1 a p U I 0 100 THOMAS,DEAN&HOSKINS,PST ENGINEERING CONSULTANTS DRAWN BY: CB S C A L E QUALITY CHECK: BEARING BASIS BARTER MEAOONIS DATE:2/1112014 FB: 162173 TD&Ad JOB N SUBDN SION, PHASES 2C AND 2D 5 I CAD NO. 12035XI.35X1.dwq