HomeMy WebLinkAbout15- Annie Street Cottage Homes LLC Water Pipeline and Access Easement and Agreement City of ®zeman-City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
PLATTED
2523100
page: 1 of 5 06128l2015 09:16:19 AM Fee: $35.00
Charlotlte Milis - Gallatin Count,, MT
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WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Annie Street Cottage Homes LLC, the GRANTOR, in consideration of One Dollar and other
good and valuable consideration, receipt of which is acknowledged, grant(s) to the Cite of
Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and
maintain-approximately 12 if(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,to be located on the following described real
property:
Lot 2B COS 501 situated in Section 3, 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 WATER PIPELINE AND
ACCESS EASEMENT 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 f
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
Annie Street Cottage Homes LLC Water Pipeline&Access Easement
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(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 pipeline, 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 ? , 2015.
a
Annie Street Cottage Homes LLC Water Pipeline&Access Easement
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GRANTOR "
STATE OF MONTANA )
):ss .
County of Gallatin )
On this day of , 2015, before me the undersigned, a Notary
Public for the State of Montana, personally appeared Mark Easton, known to me to be Member
of Annie Street Cottage Homes 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
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
:
C/ _ Pis 6u�Q. �o,, Chris Budesld
blic
Notary Public for the State of Montana _ :�oTna,q� '_for tblic
h �t Montana
Chris Budeski =m .SEAL..* Residinct .t;
�� Bozeman, Montana
(Printed Name) oF Mod?,<'� My Commicci��n Expires:
Residing at Bozeman MT , „ Novei�c , 2s,2015
My Commission expires November 26, 2015
Annie Street Cottage Homes LLC Water Pipeline&Access Easement
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ACCEPTED:
B`C� CITO A a ® ° °mil l by
4
City Manager
ATTEST:
City Clerk` 1883 °<
'IV CO
-
STATE OF MONTANA� �� ••)
)ss.
County of Gallatin )
On thisi V day of , 2015, before me, a Notary Public for
the State of Montana,personally app red CHRIS KUKULSKI and STACY ULMAN, 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.
ft
s�aiE' HEAT - "
� �d�r�� � ,� E , HER BIENVENUE
6" Vi.' :e�� NLF Notary PLjbtlo
x;•NOTnRiq�?m_for the Stato a1 Montana
otary Public for the State of Montana =* SEAL ;*;(SEA1q�sid►ng at.
'` '• �. Bozeman, Montana
..9�, Pam`.
Op'NjpC , nny Commission Cxpires:
(Printed Name) January r!g 2018
Residing at —"�
My Commission expires / /20
Annie Sheet Cottage Homes LLC Water Pipeline&Access Easement
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i
EXHIBIT A
PUBLIC WATER PIPELINE
& ACCESS EASEMENT
SITUATED IN TRACT 213 OF COS 501 IN 0 20 40
THE SE 1 /4 OF SECTION 3, T2S, R5E, P.M.
1"= 40'
PROPERTY LINE TRACT lA
• COS 2007
N89°23'54"W
332.70
EXT'G WATER AND
SEWER EASEMENT
DOC 2284584
N 88°2742" E
19.25'
N 1*32'18" W
• 30.00' �— S 1°32'45" E
30.00'
PROPERTY
LINE Z
S 88°2742" W
19.25' W
N
POINT OF BEGINNING C U'
WATER EASEMENT U,
� I o
ANNIE STREET
Z
—w
3
74' WIDE
ROADWAY
a
EASEMENT
o
N
FIGURE A
MADISON ENGINEERING DRAWN BY: CGB
924 STONERIDGE DR.STE 1 BOZEMAN,MT 59718 �
PHONE(406)586-7355 FAX(406)586-7357 DATE: 2/25/15
PROJECT# 14-167
Stacy Ulmen
From: Mark Easton [mark@eastonconcreteinc.com]
Sent: Friday, July 31, 2015 2:06 PM
To: Stacy Ulmen
Subject: Re: Written Permission to write capacity under your notarized signature
Stacy,
Yes you have my permission to write the pertinent information.Thank you.
Mark Easton
On Jul 31, 2015, at 12:38 PM,Stacy Ulmen <sulmen@BOZEMAN.NET>wrote:
Hello Mark!
I just need you to reply to this email that it is ok for me to write: Member of Annie Street Cottage
Homes LLC
Under your signature for the Water Pipeline and Access Easement and Agreement as well as the
Drainage Easement.
Thanks so much and happy Friday!
Stacy Ulmen, CMC
Bozeman City Cleric
-d3omu4w.L Kwst LA
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