HomeMy WebLinkAbout15- Four Points MT Sewer and Water Pipeline and Access Easement 2534425
Page: 1 of 5 12/31/2015 10:15:36 AM Fee: $35.00
Charlotte Mills - Gallatin County, MT M1sC
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City of Bozeman-City Clerk
B.O. Box 1230
Bozeman, ITT 59771-1230
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Four Points MT LLC, the GRANTOR(S), in consideration of One Dollar and other good and
valuable consideration, receipt of which is acknowledged, grants to The Ci_,� of Bozeman,
GRANTEE, its successors and assigns, a perpetual easement.to lay, construct and maintain
320 LF (sewer) and 916 LF (water) pipelines with the usual services, valves, connections,
accessories and appurtenances for the purpose of transmitting sewer and water in, through, and
across a strip of land situated in Gallatin County, Montana, which is located on the following
described property:
Lot 2 & 3 of Four Points Subdivision situated in the Southeast 1/4 of Section 34,
Township 1 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County Montana.
The easement as shown 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 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 2015.
RANTOR
CORPORATE
STATE OF MONTANA )
ss.
County of Gallatin }
On this day of )-CL%AIA_ , 2015, before me the undersigned, a Notary
Public for the State of Montana, personally appeared, Luke Tracy, known to me to be the
Managing Member of Four Points MT 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 Four Points MT LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
f
`�"ek t ~ •`; s'aua ,, Chris BuCesk�
? OYAAIgs�y-for the State ofbMontana
Notalic
Notary Public for the State of Montana :'ti <.
* Residing at:
•,SEAI..�Kc= Bozeman,Montana
9 P��i My Commission Expires:
Mc November 26,9015
(Printed Name)
Residing in _
My Commission Expires '�'/
ACCEPTED:
CIT �;QF_B
a City Manager
ATT ST: =F. .�y �. - n 4
C ty, le k 's �•m�1�,��o•o�- .-
q 1 IN CO
STATE OF MONT A ,)`
) ss.
County of Gallatin )
On this . day of s : 2015, before me, a Notary Public for the
State of Montana, personally appe ed CHRIS A. KUKULSKI and STACY ULMN, 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.
xx7T77%Fcc xxru'� -F4'F,,r..-I-hax e--.hereunto set my hand and affixed my seal on the day
and ye
gp7ARLg1 L�`for the State of i ftf% '
Residing at'
SEAL. Eozeman, €Montano
S i ?A My Commissian Fxpires:
n , January 28 29 $ t
yr�
ary Public fort e State of Montana
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: / /20
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HIBIT A
PUBLIC SEWER & WATER PIPELINE
AND ACCESS EASEMENT
SITUATED IN LOTS 2 & 3 OF
BLONI3IEST. FOUR POINTS SUBDIVISION
SE Y4 SECTION 34 T1 S, R5E, P.M.
POINT OF BEGINNING
OF SEWER & WATER
EASEMENT I I
N 65'42'49" W I I
8.36' I
S 6542'49" E
33.02' I I A E rG PUBLIC
RIGHT OF WAY
1 � I �
1 �
® 30 60 1 w N 8935'59" E
7.21'
I � I
S 0'23'20" E
1"= 60 I 18.27
I � I
I I L — 89'36�40" E 159�37 —
EM'G 30' WIDE PUBLIC I N
SEWER MAIN EASEMENT
PER DOC 2103145 I I
PROPERTY I _I S 8236'4a" W 16.L
— —
LINE 1
I
• I LOT 3 Ip
I FOUR
MIAOR POINTS N�
SUBDIVISION O
N 0'23'20" W
LOT 2 I I 12.98 IW I
FOUR POINTS
MINOR I N 89'40'52" E
SUBDIVISION I I 11.46
I
N 89'39'37" E N 0*8'7.6509" W r N 89'40712�F 155.776— I
20.00'
S O Ld
0�003" E I S 8 9'412" W 16 '
r I I --- -0'- - -7.01
- - -_
1 N 89y39,27" E 14 .77' i E
N
I
S 891V'337"3 162y85� — I co
N o7a'23" w
N 048 0" W 5
40.00
I
N 4412'53" E � E
25.19' I 1 �_ EXT'G w°
N 0'28'59" W PROPERTY
1 1 LINE j
E)Cf'G PUBLIC
I
RIGHT OF WAY
.o
2
KII 3ER'WICKE S 4 20.5 3" W o
20.57 �
STREET S 81'5 '35" W
33. 4 ,
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PUBLIC SEWER AND WATER MADISON ]ENGINEERING EXHIBIT A
PIPELINE AND ACCESS 895 TECHNOLOGY BLVD.STE 203, DRAWN BY: CGB
EASEMENT BOZEMAN,MT 59718 DATE: 7/17/15
]FOUR]POINTS SUBDIVISION PRONE(406)586-0262 FAX( 06)586-5740 PROJECT# 13--132