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Home My WebLink About16- Rosa Johnson Development, LLC Easement RETURN RECORDED DEED TO: I Bozeman City Clerk C PO Box 1231 Bozeman, MT 59771-1231 2540018 540018�I1�Il1I2I I0III1 6 1�0::I�3�3�II,I69 I I A�1 M F!I ee $35.00 Page 1pf5 MISG Gallatin 1 III PUBLIC UTILITY AND ACCESS EASEMENT AND AGREEMENT Rosa Johnson Development, LLC., a Montana Limited Liability Company, 125 Central Avenue, Unit 1A, Bozeman, MT 59718, the GRANTOR, in consideration of one dollar and other good and valuable consideration, receipt of which is acknowledged, does hereby grant to City of Bozeman, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal Corporation of the State of Montana, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sanitary sewer pipelines and water mains with the usual services, manholes, 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, 30 feet wide to be located on the following described real property: Lot 3A of Minor Subdivision Number 201A, and located in the South Half of Section 4, T. 2 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly shown on the attached Exhibit El, 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: (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 sanitary sewer pipelines, 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 persons. (S) 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 201 /6. GRANTOR: Rosa Johnson Development, LLC, a Montana Limited Liability Company &Q L=A By: Scott Jo on, Member STATE OF MONTANA ) } ss. County of Gallatin } This instrument was signed or acknowledged before me this 13 day of 2016, by Scott Johnson, Member of Rosa Johnson Development, LLC., a Montan imited Liability Company. r (SEAL) S swqu ANDREA SPAULDII,�i{; Notary Public fo the Stat Montana ;2n �i= Notary Public 1.t%OTARli • for the State of Montana j Printed Name: s t "— *; Residing at; Residing at 9:SEAL �F - z�: Bozeman, Montana My Comtnissio x ires /, /20 i` '•'`pox iiio ;°` My commission Expires' 1� L August 25, 201 8 DATED this—Ifi-day of f 201 Ea. ACCEPTED - CITY OF BOZEMAN L4 By: Chris K _sKyi s-- ty Manager STATE OF MONTANA ) )ss. County of Gallatin ) On this day of i ,201 ,before me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI and STACY ULMEN, 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. r :A? Br HEATHER P b�c f�I"L'- J'4y'� 4.a for the State of Montana l Notary Public for the State of Montana =* * Residing at: N.S ki L. Bozeman Montana � Printed Name: ?Fofi ;�CP2>� My Commission Explms,- '� , �,»` January 26,2016 Residing at My Commission Expires / /20 L E G E N D , [SO'41'46'E] [S89'18'14"W] 60.fo 179'18114" N. line of SE 1 4, Sec. 4 1035,23 269'18'14" - ✓ v [S88'22'1 g'W] N -[N89'18'1 C N 32.31 268'22'1&' �::481.97 89'18'1,4`:: ` \ EASEMENT EXHIBIT AREA �✓ E tl5 5 [SD 1'46"E] (,, I [NO'00'00"E]] ,� shrst f of i CENTERLINE �� 152.20 0'o0 00 EXISTING 32.5 81.81 179'18'14 , WIDE PUBLIC a� - - - - - -- UTILITY EASEMENT I %!.� ROAD AND UTILITY PROPERTY BOUNDARY LINE PROPOSED 27.5' WIDE I� -- Zr [S54'201 W EASEMENT PER ]' ? PUBLIC ACCESS AND ;� 4=23'00'31" MINOR SUBDIVISION ,� $ 98.69 2342 18' I UTILITY EASEMENT. �� A=120.47 NO. 201 J` LEGAL DESCRIPTION C` I R=300.00 LOT R1 �°H.i LOT 3A, MINOR SUBDIVISION 201 A a ' 9 LOCATED IN THE S. 1/2, SEC. 4, T. 2 S., m R. 5 E. OF P.M.M. CITY OF BOZEMAN, z GALLATIN COUNTY, MONTANA o ,`. [N23'00'31"W] in EASEMENT 211.98 33659'19" o V 1N1'4 '36"W] Q PROPOSED �\ 138.04 35,'11'24" r,a, 30' WIDE PUBLIC L=1Q .80 -� \, �=23'00 31 w ACCESS AND v,A „ v-1 89 o + UTILITY EASEMENT ��\ A=120.47 R=33Q.00 w - � �� R=300.00 0 I 7) CS 5 U [S8,V48'22'W] [N900'00"W] 41.52 264'48'22" LOT 3A I`�93.01 360'00'00" o M o - �� a 1,539,505 Sq. Ft. z T60- 0O 174' 8'22" 35.3422 Acres I✓, L- _ [S511 8' E] .,.� i✓ [N90'00'00"W] ' L=27.88 \ 260.00 270'00'00" I�ryl A=63.90 N R=25.00.08 I✓Ill � � i 0=29.84 L I �•I R=100.00 [NO.00'QO"E] 653.33 O'OO'0d' ly `I Q z L=24.41 Imo!i o A=55.94 i R=25.00 o ,� I<.I CD cis 01 PROPOSED �� z 30' WIDE PUBLIC o w ACCESS AND {� o I L=24.41 UTILITY EASEMENT ICI a Scale In Feet 6--55'94rn ,6? R=25.00�:: N �" 150 0 150 L=45.74 N I,�I v=2s.21 , 45 0 45 R=100.00 Scale In Meters L I k51 =26.3Q v=60.2 I I ---------------884.32----------__- -__ I Dm�utng Date OZ-OhfB - R= 0 E _ v i_129.54_� S5'11'38"E t t L=27.20 f 1013.86 090'00'00" _ EXHIBIT [ ] j L= 7 [N9O'00'00"E] 37.00 i74'48'2� I I R=300.00 El [N84'48'22"E] 104.72 084'48'22" -� �114693.9E1