HomeMy WebLinkAboutWaterPipelineAccessEasement_10272021 After Recording,return to:
City of Bozeman
P.O. Box 1230
Bozeman,MT 59771
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Canyon Gate Investors, LLC ,the GRANTOR(S), in consideration of$1.00 and
other good and valuable consideration, receipt of which is acknowledged, grant(s)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 a water12igeline 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, Thirty (30) feet wide to
be located on the following described real property: Tract 7B, COS 2408
The easement is more particularly described on the attached Exhibit(s) A which
by this reference are 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 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 topsoil 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 0c /v b w , 20 24
Canyon Gate Investors, LLC
By: Canyon Gate Partners, LLC
By:
Andy Holloran, Manager
STATE OF MONTANA )
) ss.
County of Gallatin )
On this j day of aC� 1 �� , 200L, be ore me the tindiersigned,a
Notary Public for the State of Montana, personally appeared, 6 ,
known to me to be Gf:,g!5;I- of ►— LL-C-
and the person whose name is subsc ibed to the within instrument and ac nowled ed tom that
he executed the within instrument for and on behalf of LLC
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
QuLAUREN J CUMMINGS�a J CUtij�i Notary Public
AEA s:NOTARIg4 N` for the State of Montana
*= Residing at:
Nam.SEAL Q- Bozeman, Montana
" 9 'Qom'.'
My Commission Expires:
OF pro September 04, 2023
for the State o ntana
1 v r"Yli'Yt
(Printed Na
Residing id
�c
My Commission Expires_ / /24�3
DATED this day of 120
GRANTEE:
CITY OF BOZEMAN, MONTANA
JEFF MIHELICH,City Manager
ATTEST:
MIKE MAAS, City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this day of , 20_, before me,a Notary Public for
the State of Montana,personally appeared JEFF MIHELICH and MIKE MAAS, known to me to
be the City Manager and City Clerk for the City of Bozeman, respectively, 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 seal on the day
and year first above written.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires:_/ /20
L:\2225—HomeBas.\-01721—Canyon Gate\DWG\Survey\2 2 25-01 721 Water Esmt Exhibit.dwg,8.5 x 11 (portrait),Plotted: Oct 15,2021 —11:33am,;pugh
EXHIBIT
A SEWER AND WATER PIPELINE AND ACCESS EASEMENT LOCATED WITHIN A PORTION OF TRACT 7B OF COS 2408 LOCATED WITHIN
THE SOUTH WEST ONE QUARTER OF SECTION 32 TOWNSHIP 1 SOUTH,RANGE 6 EAST, P.M.M., GALLATIN COUNTY,MONTANA
30' Wide Sewer and r
�1R) Water Pipeline and
000 Access Easement
N44°17'10"E
83.41' /
30.00, S01'47'33"W N LO
N
CD F
Aprox. Location Existing / 44.41 ��O ~o C)
COB Water Pipeline
(Bk17Pg29) No Width / �tb S 4'17'10"W����Q BA Y
2 .07' �- M�UND1V1S1 N
N 8'19'21"W POB's.5e Li w SUB
40.76' Li Q D� Q Cl) o
ON w
v) � z
CD Ug�1�IS1 z o w
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LEGAL DESCRIPTION
A Sewer and Water pipeline and Access Easement located within a portion of Tract 7B of COS 2408, and further
located within the South West One Quarter of Section 32, Township 1 South, Range 6 East, PMM, Gallatin County,
Montana, and being more particularly described as follows:
Beginning at a point (POB), that bears N 88' 19' 21" W, a distance of 15.58 feet from the SW corner of Tract 713 of
COS 2408 and also being the NE corner of Lot 29 of the Mount Baldy Subdivision;
• thence, along said South line of said Lot 29, N 88` 19' 21" W, a distance of 40.76 feet to a point;
• thence, leaving said Lot 29, N 44' 17' 10" E, a distance of 83.41 feet to a point on the Eastern line of said
Tract 713;
• thence, along said line, S 01° 47' 33" W, a distance of 44.41 feet to a point;
• thence, leaving said line, S 44' 17' 10" W, a distance of 23.07 feet to the POB.
Said area being 1,597 square feet or 0.04 acres more or less, along with and subject to all easements of record.
CERTIFICATE OF SURVEYOR
I, the undersigned, John R. Pugh, Registered Land Surveyor, do hereby
certify that I surveyed the same as shown on the accompanying drawing
and as described in accordance with the provisions of the Montana
Subdivision and Platting Act, Section 76-3-101 through 76-3-625, MCA,
and the City of Bozeman and Gallatin County Subdivision Regulations.
BASIS OF BEARING: DATED this _ � day of __�__�_�°4_'r�A.D., 2021.
STATE PLANE GRID NORTH WITH GROUND —' t1�' ONT/q /V 7rrrrrrrrrrr
INTERNATIONAL FEET PROJECTION AT: ,�~ �,,,,•""""" ""'-
r
NORTH LATITUDE: 45°-42'-00.54885" John R. gh — JOHN R.
WEST LONGITUDE: 111'-01'-14.92058" Registr n No.15626LS ~ � PUGH
ELLIPSOID HT: 4698.37 sft. "
0 15626 LS
DERIVED FROM MTSU CORS STATION 0 50' 100' r��-_: o
(BOZEMAN, MONTANA) rrrs/"""" ��CENSF- J
SCALE IN FEET r �
MERIDIAN CONVERGENCE ANGLE= 01°-06'-50" rrrr'r7��AL L ANC t ti`tly1
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STAHLY ENGINEERING &ASSOCIATES EXHIBIT FIELD: 06-01-2021
e�,�61AEE�y7if6 PROFESSIONAL ENGINEERS&SURVEYORS SEWER AND WATER PIPELINE AND ACCESS EASEMENT DRAWN: JP
607 CHECKED:CP
STAHLY 530 C NTENNI L D
DATE: 10-14-2021
2223 MONTANA AVE. 3530 CENTENNIAL DR. 851 BRIDGER DR. STE. 1 CANYON GATE PROJECT
1970 STE. 201 HELENA, MT 59601 BOZEMAN, MT 59715 SHEET
p t� BILLINGS, MT 59101 Phone:(406,442-8594 Phane:(406)522-9526 CANYON GATE INVESTORS,LLC
CIA[E Phone:(406)601-4055 Fax:(406)442-8557 Fax:(406)522-9528 BOZEMAN,MONTANA 1 OF 1