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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 I IIIIIII If{II11111111 IIIII I IIIIll 1l11 IIII IIIII IIIlI lI11 IIIIIII III 1111111111 IN 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 i qgy 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 , U O N I M M O N Q U 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