HomeMy WebLinkAbout15- Cannery District Partners, LLC Sewer and Water Pipeline and Access Easement and Agreement Return to:
City of Bozeman-City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
PLATTED �f
2507158�Gall2015 04:09:56 PM Fee: $28.00
Charlotte Mills II IIIIIIIIIIII,IIIIIIIIIIII,11311$1lll$111lllll M15C
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SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Cannery District Partners, LLC, a Montana limited liability company, 1006 West Main Street, Bozeman,
Montana 59715, GRANTOR, in consideration of one dollar($1.00) and for other good and valuable
consideration, receipt of which is hereby acknowledged, grants to the City of Bozeman, a municipal
corporation of the State of Montana, with offices at 121 North Rouse Avenue, 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 water and waste water in, through, and across strips of land situated in Gallatin
County, Montana, which strips are variable in width, to be located on the following described parcels of
real property:
Parcel within the City of Bozeman,Gallatin County:
Tract 3A of Correction Certificate of Survey No.2128B, to the City of Bozeman,
Gallatin County, Montana, according to the official survey on file and of record in the
office of the County Clerk and Recorder of Gallatin County,Montana.
Parcels within Gallatin County:
Tracts 1 and 2 of Correction Certificate of Survey No. 2128B, to the City of Bozeman,
Gallatin County, Montana, according to the official survey on file and of record in the
office of the County Clerk and Recorder of Gallatin County,Montana.
That certain 3.082 acre tract of land shown and described on Certificate of Survey No.
2548,recorded in the records of Gallatin County,Montana as Document No.2220362
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 respective 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 pipelines
and to:
(1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipelines,
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 reasonable opinion of the GRANTEE, interfere or threaten to
interfere with or be hazardous to the construction, operation and maintenance of the pipelines;
(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 pipelines across ravines and watercourses with structures GRANTEE reasonably 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 pipelines, it will repair or replace, at
its sole expense, or pay to GRANTOR 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.
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(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 AGREES:
(1) At no time will it 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 it 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 warrants that it is lawfully seized and possessed of the real property described
above, that it has a lawful right to convey the property, or any part of it, and that it 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. 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 u , day of 2015
Cannery District Partners,LLC
l
by: CDP" anage Po nt,LLC,Manager
by:
Ik own,Manager
City of Bozeman
by:
Chris A.Kukulski, City Manager
ATTE �
Stacy f_ Ierk-bf the Lity Commission
[Acknowledgements on next page.]
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STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowledged before me on � „� A� yam, 2015,by Barry L. Brown as a
Manager of CDP Management, LLC, a Montana limited liability company, the Manager of Cannery
District Partners,LLC, a Montana limited liability company.
P sTea TERRY R.STERNHAGEN
NOTARY PUBLIC for the Printed Name:
* SEAL * State of Montana NOTARY PUBLIC fore State of Montana
P Residing at Belgrade,Montana RESIDING ATccc' ,Montana
March 19,2015
9 �P My Commission Expires My Commission Expires ���� , 20
d
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowledged before me on Iq 2015, by Chris A. Kukulski
and Stacy Ulman, as City Manager and Clerk of the ity Commission, respectively, of the City of
Bozeman.
HEATHER BIENVLL-NU'
�p BIE^, Notary Public ' ted Name:
`Z.,.....�'C`
=�;NOTnR�A�?M:for the State of Montana;Residing at: NOTARY PUBLIC for the State of Montana
�
*" SEAL Q Bozeman, Montana RESIDING AT ,Montana
My Commission Expires: My Commission Expires , 20_
January 26,2018
-3 -
EXHIBIT "A"
WATER&SEWER EASEMENT
LOCATED WITHIN THE WEST 112 OF SECTION 6,
T2S, R6E, P.M.M. GALLATIN COUNTY, MONTANA
FND YPC'TDH'
C6
�ry TRACT 2 N16'46'40"E R-22795.00'
i
. - 12.22' e-000.38'01"
COS 21288
/ nn 4'L®252.0
iO C5 CHD BRNG=N69'05'44"W
CHD LGTH=252.04'
C7 w N00'45'22"E 155.92'
N00'45'22"E 176.62'
S62-49i52"E
/33.69' S00'45'22"W 155.92'
C8 `'a I
C2 S00'45'22"W 151.41'
i C3 S1646'40"W S89'14'38"E
00 56845'43"E
ALLEY N S62'49'52"E 12.22' b 30.00' 19.27'
Do
/ N 33.69' C1 r�
/ Z C4 ^ ^ (R-476.20) FND
N0034'31"E LU LU 47SA27' ROW
FND
MON BO
O rd • I a� M ALUM.`00 FND 2 IN MON
AM. CAP
I .L C mo� d• 't 'SURVCO'
CD a ; s
d "� TRACT 1 o
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i v+tiy>t �O,!.i !oU, Nn COS 2128E Z
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N AVE %0 Do
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109,81'
rn
m Na 'a N00'45'22"E 178.55' 2 007
DO
j Lf) FND YPC
NOOM'16"E 363.23' N01'16'14'W 1.21'
^ FND FROM TRUE CORNER'
On S89'34'28"E! REBAR S00'45'22"W S00'45'22"VNR'364.70)
" e, 30.00 ALLEY 312.02' 49.34'
$m Z n
OD o
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y= a T6.
N i t i c
N
; = 0 50 100 200
m �o
NONTAN• V,�r VAMTM JAN.- to o IN FEET
1921 ORD.518 rN42PC2093 W
006 NO BUILD AGR.DOC 2234802 Q
na�0 100 �Lj
�y
�m WATER & SEWER
01 DD ti
EASEMENT
DO 0
s�e`P COS 2548 TOTAL AREA OF EASEMENT:
65,536 SQUARE FEET OR 1.50 ACRES
m
BASIS OF BEARING:
US STATE PLANE 1983, MONTANA 2500,
z NAD 1983, INTERNA11ONAL FEET WITH
GROUND PROJEC11ON AT:
�0 r NDRTH LATITUDE 45'-35-28.99813'
v WEST LONGITUDE: 111-11'-53.20892"
ELLIPSOID HT: 4926.66 sft.
16��D VERTICAL DATUM: NAVD88 (GEOIDI2A)
MERIDIAN CONVERGENCE ANGLE= (-)
FND OPC 01'-14-32'
�,y6 161.
F Curve Table
N89'14'38"W
43 78' 16 L �,� �� Curve # Length Radius Delta Chord Direction Chord Length
GS 7J'0 C-
CS
,•��
C1 13.38 65.00 11.79 S10' 52' 52"W 13.36
s J C2 9.79 35.00 16.02 S8' 46' 01"W 9.76
D 1.25 AC C3 38.84 35.00 63.59 S31' 02' 15"E 36.88
SURVCO We 33.38' S89'14'38'E
o.ao' W. OF ROW 28.07' C4 16.13 35.00 26.41 S76' 02' 15"E 15.99
NORTH ROUSE AVENUE S02'02'18"W 61.50'
(60'ROW) (R&M) '2.36 C5 9.79 35.00 16.02 S8' 46' 01"W 9.76
2.36
S02'02'18"W C6 18.18 65.00 16.02 S8' 46' 01'W 18.12
28.12 C7 72.14 65.00 63.59 S31' 02' 15"E 68.49
C8 29.96 1 65.00 26.41 S76' 02' 15"E 29.70
STAHLY ENGINEERING & ASSOCIATES EXHIBIT "A.• DESIGNED JRP
PROFESSIONAL ENGINEERS & SURVEYORS DRAWN JT
CHECKED J
www.seaeng.com WATER&SEWER EASEMENT DATE 2 27 2015
851 BRIDGER DR. STE.1 404 W. BROADWAY 3530 CENTENNIAL DR LOCATED IN THE WEST 112 SECTION 6, �y6�N�Fq�y`
BOZEMAN. MT 59715 LEWISTOWN, MT 59457 HELENA, MT 59601 T2S, R6E, P.M.M. GALLATIN COUNTY, SHEET
Phone:(406)522-9526 Phone:(406)535-8594 Phone:(406)442-8594 STAHLY
F=(406)522-952e F=(406)442-8557 MONTANA �,� 1 of 1