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HomeMy WebLinkAboutAppendix J.13 - Temporary Water Pipeline and access easementAfter recording return to: Bozeman Haus Two LLC 15267 SE Rivershore Drive Vancouver, WA 98683 TEMPORARY WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT BOZEMAN HAUS TWO LLC, the GRANTOR(S), in consideration of One Dollar ($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 14 LF (water) pipelines (7 LF per location) with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting potable water in, through, and across a strip of land situated in Gallatin County, Montana, 20 feet wide to be located on the following described real property: Water Pipeline and Access Easement and Agreement in and through the property, Situated in Tract 1 of Certificate of Survey 2074, in the NW1/4 of Section 23, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit(s) K 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 14 LF 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 _____________________, 20 . GRANTOR: BOZEMAN HAUS TWO LLC By: ____________________ STATE OF MONTANA ) ):ss County of Gallatin ) On this day of , 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be of 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. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission expires / /20 ACCEPTED: __________________________ CITY OF BOZEMAN by ______________________ City Manager ATTEST: _______________________________ 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 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. (SEAL) ______________________________________ Notary Public for the State of Montana (Printed Name) Residing at Bozeman, Montana My Commission Expires: / /20 N85°50'07"E 426.82'S0°08'03"E 17.00'S89°51'57"W 20.00'N0°08'03"W 17.00'N89°51'57"E 20.00'N80°40'18"W 182.48'N0°08'03"W 17.00'S89°51'57"W 20.00'S0°08'03"E 17.00'N89°51'57"E 20.00'651300SCALE IN FEET©PROJECT NO.FIGURE NUMBERCOPYRIGHT MORRISON-MAIERLE,2022Plotted by lee hageman on May/11/2022DRAWN BY:DSGN. BY:APPR. BY:DATE:engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.net\\mmi\Share\Bozeman\Projects\6475\005 - Buffalo Run - Site Plan\ACAD\Survey\EASEMENTS\6475005 Easement Exhibit Temporary Access Easement.dwg 6475.005EX. KTEMPORARY WATER LINE EASEMENTTRACT 1 OF CERTIFICATE OF SURVEY 2074LOCATED IN THE NORTHWEST 1/4 SECTION 23,TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANABOZEMANMONTANANMMMGNM05/2022SURVEYOR'S CERTIFICATEI, Nicholas J. Dougherty-McMichael, Professional Land Surveyor, LicenseNo. 72686LS, do hereby certify that I conducted this easement survey.Dated this ______ day of ____________, 2022___________________________Nicholas J. Dougherty-McMichael, PLSMT Reg. # 72686LSMorrison-MaierleEXHIBIT KA TEMPORARYWATER LINEEASEMENT,THROUGH ANDACROSS THEPROPERTY,SITUATED IN TRACT 1OF CERTIFICATE OFSURVEY NO. 2074,GALLATIN COUNTY,MONTANA.30' EXISTINGR.O.W.20' EXISTINGR.O.W.DOC. # 273132110' EXISTINGP.U.E.DOC. # 2731321POINT OF COMMENCEMENTTEMPORARY WATER LINEEASEMENT #2FOWLER LANE (60')WATER LINE EASEMENT # 1Commencing from the Southwest corner of Tract 1 of Certificate of Survey No. 2074, thence N85°50'07"E a distance of 426.82 feet to the Southwest Corner of Temporary Water Line Easement #1,being the Point of Beginning 1; thence N89°51'57"E a distance of 20.00 feet; thence N0°08'03"W a distance of 17.00 feet; thence S89°51'57"W a distance of 20.00 feet; thence S0°08'03"E adistance of 17.00 feet to the Point of Beginning.Said easement contains 0.01 acres, more or less.WATER LINE EASEMENT #2Commencing from the Southeast Corner of Tract 1 of Certificate of Survey No. 2074, thence N80°40'18"W a distance of 182.48 feet to the Southeast Corner of Temporary Water Line Easement #2,being the Point of Beginning 2; thence N0°08'03"W a distance of 17.00 feet; thence S89°51'57"W a distance of 20.00 feet; thence S0°08'03"E a distance of 17.00; thence N89°51'57"E a distanceof 20.00 feet; feet to the Point of Beginning.Said easement contains 0.01 acres, more or less.TRACT 1CERTIFICATE OF SURVEY 2074N 1/2 SW 1/4 SW 1/4 SEC. 23, T.2S.,R.5E., P.M., GALLATIN COUNTY, MTPUBLIC STREET ANDUTILITY EASEMENTDOCUMENT No. 2251837POINT OF COMMENCEMENTTEMPORARY WATERLINE EASEMENT #1POINT OF BEGINNINGTEMPORARY WATER LINEEASEMENT #1POINT OF BEGINNINGTEMPORARY WATER LINEEASEMENT #230' PROPOSED PUBLICSTREET AND UTILITYEASEMENT