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Home My WebLink About05- Bozeman Country Hotel Group, LLC-West Valley Dr.-Lot 2, Minor Sub 358 - Water Pipeline And Access Easement , , .. ... ~.." [PIATT~lllg 111111111111111111111111111111 1111111111111 ~~~~:~~~p I S~.l~.Y_V.I"lC.~_G. ~ 1. t_i I"l _~c ~T '!! S~ _ 66 . 00 . WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Bozeman Country Hotel Group, LLC, the GRANTOR(S), in consideration of one dollar fU.land other good and valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, a Municipal Corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana, 59715, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain water pipelines 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, twenty (20) feet wide to be located on the following described real property: Lot 2 of Minor Sub. No. 358 situated in the SEi/4 Section 26, TiS, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit(s) 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. 1111111111111111111111111111111111111111111111111111111 ~~~~r:~:p Shelley Vance-Gallatin Cc MT MISC 66.00 THE GRANTEE AGREES: (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said 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 rray 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 replacemert 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 substantiallythe 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 andprivileges 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 - ~ 111111111111111111111111111111111111111111111111111111I ~~~~~r:~~p Shelley Vance-Gallatin Cc MT MISC 66.00 upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this \6 day of ,2005 . STATE OF ~()f\~t'Vl ) ) ss. County of ~ ) On this ~ day of ~ 2005, before me the undersigned, a Notary Public for the State of ~ personally appeared <;.\. \-\er~+ F\Sher _ )-r. , known to me to be the ~ll.n~i t1'j t-.AfMboV" of ~07e man CO\Jn!ru. H:n..~ 0rnup J LU: 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 'P-,oUVYlOr1 (rIlJf\h1f Bn-k( HVmJp) IJ[ IN WITNESS WHEREOF, I have hereunto ret my hand and affixed my Notarial Seal the day and year first above written. \\\\ \ II Ii i i iJ lilli' -:$~'\ \ ~ E D 'I,~~ .~~ (,,<(.. . . . . : /, 0 ;;~ 3./ ~~ .. .. -:'\ '~ ..:: ,.. ... \, .,# S J.~ . ..\ 0 Tl~ F?/,j ,.. .~ ~ == oq:'. \" " . tn ~ (SEAL) ~ () : . z @ ;;. *. ~ T.i' n. if : )I( gg ~ f.Jl . ...." ..c....ux.,..u .~ %~.. ..:E~ ~'1~. . . . ._.({,.:;.~ ;';"qlll/OF MO~ ~\~~ 1//11 J 1111111 \ \\\\\ /ItVL Notary Public for the State of ~n'V1t. D. \L.npVlP/\ (Printed Name) Residing in 1J,oU h'\fl n , MI My Commission Expires . It I d I 120~ ACCEPTED: ('~~ ' CITY OF BOZEMAN by its ri ty M;ln;llJPr - -'jill", ~:~~';> ..~',~~ ,,' ~ \'" ~ ","' A~TES~: ~.~;' \'..." ;,~:;t.~, .".~",J~" "",'" ,. ' ' .'" " "."..,., .. _~) c~rts:-.ahre. CitV~ission · 10 ". ~ 1"1 .... ""I ,'. ".' ~...... I >......... . .......... ST A 1rl.~\...M6NfANA ) '.. l '.' ' ) ss. County of Gallatin ) On this (gfh day of ~ ,2000, before me, a Notary Public for the State of Montana, p rsonally appearedCHRIS A. KUKULSKI and ROBIN 3 11111111111111111 11111111111111111111111111111111111111 ~~~~~r:~~p Shelley Vance-Gallatin Cc MT MISC 56.00 L. SULLIVAN, known to me to be the City Manager and Clerk of the City Commission for the City of Bozeman and the persons whose names aresubscribed 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, It..... /'-1:1.. C'~" "f': .::",y." r ,", "~'_"'" -;::.." "''1':" \..,,,a 0 .. (' rr,: to.:-;:A ", ,'") Q: l.. V:-c : :. 't&E~) .: r'.l ~- " 'iF' - J::.. '- 0,'" ,..-4 I..... / i:;. ;)0. ...., ~ ,/ c")', ~~otf(~~~ntana A1.1 ~ {iU- 6r CW1 j ~ (Printed Name) , Residing at Bozeman, Montana My Commission Expires:3../ 'Z!!J /20Q2 4 EXHIBIT A SHOWING A WATER LINE EASEMENT ACROSS LOT 2 OF MINOR SUBDIVISION No. 358 SITUATED IN THE SE1/4 SECTION 26, T1S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA \ \ \ \ \ \ \ \ \ ~ SCALE: 1"=120' UNE TABL.E BEARING N08-S1'Z9"W S81'08' 31"W N72"21'03"E Nl7"38'S7"W S72.Z1'03"W S691 S'S6"W UNE L1 L2 L3 L4 L5 L6 DISTANCE 19.95 8.00 18.61 ZO.OO 18.50 ZO.03 A water line easement across Lot 2 of Minor Subdivision No. 358 situated in the SE1/4 Section 26, 11S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana, and being further described as follows: Beginning at 0 point on the east right-of-way line of East Volley Center Road that bears N08.51'29"W a distance of 12.48 feet from the southwest corner of said Lot 2; thence N81.22'07"E a distance of 176.00 feet; thence (L 1) N08.51 '29"W a distance of 19.95 feet; thence (L2) S81.08'31"W a distance of 8.00 feet; thence N08.51'29"W a distance of 333.16 feet; thence (L3) N72.21'03"E 0 distance of 18.61 feet; thence (L4) N17"38'57"W a distance of 20.00 feet; thence (L5) Sn.21'03"W a distance of 18.50 feet; thence N17"38'57"W a distance of 275.56 feet; thence (L6) S69'5'56"W 0 distance of 20.03 feet; thence S17"3S'57"E 0 distance of 292.28 feet; thence SOS.51'29"E a distance of 332.14 feet; thence S81-22'Ol"W a distance of 148.00 feet; thence SOS.51'29"e: a distance of 20.00 feet to the Point of Beginning. "- "- "- '('" EXISTING 3Q'-'MDE '\ "- '\ "- ~ SEWER ESMT \.), "- "- PER DOC #2044565____ Y- " "- -- --- -- ~ \. '\ ---- ---- ---- ~ ---- , '\ '\" ---- --,.\ "- '\'\ ---- ---- ---- \ '\ '\ '\ ~~------ \\\ '\ '\'\ \ \ )\\~ ",\,\ \~.. \ :; \ \ \6'. " \" ./ " \ \ '6'0,\ ' f. '\ '\ ~ \ I!l.\ \\ ~ /'\ \ ,,~ \ \ f<'\\ \\ :'\ '" "- \ \ \ \\~ \ \ \ \ '\ \ \ \ ~ \ \ ~'~. \ \ \ \ \ \ \ \ ~ \\ ~ ( \ \ \ I) \ 111.. \ \\ \11 \ \ \'\\ \ ~ Y I \ E~I'sTlNG \ \\~!) c;. \ \ ___ 12 -"DE \ --4. \ I \ I PUBLIC ~CCESS \ \.) \ \ \ EASEMENT \ \ \ \ \ \ :l LOT 2 \ \ \ \ \ \ \ ~ \ \ \z \ \ ,-\'\ \ \ ~ \, g \ '\ '\ \ ~ \.,~-- -- \ \\ \ \ \ \ ~\ \~. \ \\ \ \ \ \ ~\ \lIE \ \ \ \ \ \ \ , \. .... \ PROPOSED 20'-'MDE \ \ \ \ \ \ \ -T\\ \ WATER LINE EASEMENT \ \ \ \ I \ \~ ~\'\~ \ \ \ \ ~.\ \c;. ) \ \ \ \ \ I \ II \ \ \ \ I I Y. / \ \ \ \ EXISTING 20'-'MDE I \ \ \ \ , i UTILITY EASEMENT 1- I If, ""'#1 i48.00:J ~: _ - - 81"2!,9 'I,..:.' --I -- --- -:'" _ - --r \ -I 508"51 'Z9"E-:: - -- -----. -, 20.00~ - \ \ I \ \ \ I \ \ \ \ \ \ II I 1\ \ II 1\ \1,\ EXISTING 30'-WIDE SEWER LINE EASEMENT EXISTING 20'-'MDE UTILITY EASEMENT EXISTING 30'-WlDE JOINT ACCESS EASEMENT Point of Beginning NOB"51 '29"W 12.4a' \ 30'-'MDE JOINT I \ L- ACCESS EASEMENT ---' FOR THE BENEFIT \ \ \ AND USE OF LOTS 1 & 2 \ \ \ L- EXI;\TlNG\ 20'-WlDE \ UTlI TY f\4SEMENT \ LOT' GASTON ENGINEERING & SURVEYING P. O. BOX 861 BOZEMAN, MT 59771 406 586-0588 PROJECT: 02~516 DRAWING: 02~516 FSP TAB: WTR E$MT PAGE: 1 OF 1 DA TE: 07/25/05 IIIIIIIIIIIIIIIII~~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~~~~~r:~~p Shelley Vance-Gallatin Cc MT MISC 55.00