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Home My WebLink About14- Laurel Park Development LLC Sewer and Water Pipeline and Access Easement and Agreement City of Bozeman-City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 PLATTE 2500637 Page: 1 of 4 12/31/2014 09:35:07 AM Fee $28.00 Charlotte Mills - Gallatin County, MT MISC 11111111111111111 l�111111111 I�11 IN 11111111111111111111111111111111111111 IN SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Laurel Park Development, LLC, the GRANTOR(S), in consideration of$1.00 and for 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 sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sanitary sewer and water in, through, and across a strip of land situated in Gallatin County,Montana, on the following described real property: Lot 1, Block 4, Laurel Glen Subdivision—Phase 1, according to the plat therof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the South Half of Section 4, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit A 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 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 , 20 I Managin er, [�o�(�J"i) Hihu, Laurel P r �velopmen , LC STATE OF MONTANA ) ) ss. County of Gallatin ) On this QAay of l , 20�, before me the dersigne , a Notary Public for the State of Monta , personally appeared, , known to me to be the managing member of Laurel Park Developme , 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 Laurel Park Development, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) J '�lAST�� TARr,iot�y Public IE � '��o1Al9rq� :for the State of Montana NotaryPublic for the State of M ntana - Residing at: :�,;.SL'•��.•.';r: Eozemeui, Montana �, C ��FOF�1��5'01 My Comm;ssion Expires: 4"� �� '�-�� April 04, 2017 (Printed Name Residing in Y\ My Commission Expires / LI /20 ACCEPTED: a ZE1J? • CIT BO E � O •' .� • �� B City Manager ATTEST-'i * . ; City lerk • °•�ti`� fry; c0 STATE OF MONTANA ) ) ss. County of Gallatin ) On this day of , 2 , before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULS I 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 written. SE AL) " HEATHER BIENVE:ti'UE � ��CA•B��NV'• Notary Public r NpTnttl�t?':for the State of Montane fi Residing at: 1 otary Public for the State of Montana =r••SVIALi Bozeman, Montana y P2; My Commission E.<,: OF Mo`��` January 26,201 '/!I.101 (Printed Name) Residing at Bozeman, Montana My Commission Expires: _/ /20 EXHIBIT A SEWER&WATER PIPELINE&ACCESS EASEMENT ON LOT 1, BLOCK 4, LAUREL GLEN SUBDIVISION-PHASE LOCATED IN THE S 1/2, SECTION 4, T. 2 S., R. 5 E. OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA LEGEND C:) "G- PL—PROPERTY LINE C=D ' '22!' —ADJOINING PROPERTY LINE 84* -----------NEW EASEMENT P.O.B. POINT OF BEGINNING CD 90*00 E BL 4 U3 LOT 195,7 5 FT. Io W 8 RE � rn• 0 OD 70 tj co N 90 III ID S R&W TER �Ln I ELINE ACC IS EASE E rb -.vim3' 8 N LEGAL DESCRIPTION OF SEWER & WATER PIPELINE &ACCESS EASEMENT 0 120 240 An easement for sewer and water pipeline and access purposes in,through and across Lot 1,Block 4 of Laurel Glen Subdivision, Phase 1, according to the plat therof,on file and of record in the office of the Clerk and Recorder,Gallatin County,Montana,and located in the South Half of Section 4,Township 2 South,Range 5 East of P.M.M.,City of Bozeman,Gallatin County,Montana. Said easement is described as SCALE IN FEET follows: Commencing at the southwest corner of Lot 1,Block 4,Laurel Glen Subdivision,Phase 1; thence due NORTH,assumed bearing, 192.02 feet along the west line of said Lot 1 to the point of beginning of the easement to be described;thence continuing due NORTH 31.00 feet along said west line;thence due EAST 17.18 feet; thence South 80018'41"East 249.01 feet; thence North 84048'22"East 100.90 feet; thence South 05111'38"East 31.00 feet; thence South 84'48'22"West 104.95 feet; thence North 80018'41"West 250.43 feet; thence due WEST 14.56 feet to the point of beginning. Area=11,424 square feet or 0.2623 acres. Subject to existing easements. #130131