HomeMy WebLinkAbout16- Sewer Pipeline and Access Easement and Agreement - The Trust for Public Land - Bridger Drive Trunk Sewer Main Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230
PLATTE " �
2558303
Page: 1 of 5 09/22/2016 10:30 48 AM Fee: $35.00
Charlotte Mills - Gallatin County, MT MISC
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SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
The Trust for Public Land, the GRANTOR(S), in consideration of$1.00 and other good and
valuable consideration,receipt of which is acknowledged, grant(s)to City of Bozeman,
GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain a
sanitary sewer pipeline with the usual services, valves, connections, accessories and
appurtenances for the purpose of transmitting sanitary sewage 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 26 of the Northeast Annex Located in Section 36
Township 1 South Range 6 East of the Montana Principal Meridian in the county of Gallatin
State of Montana.
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 of the easement
which may, in the reasonable opinion of the GRANTEE, interfere or threaten to interfere
with or be hazardous to the construction, operation and maintenance of the pipeline; and
in the future as to any trees brush outside of the easement which may, in the reasonable
opinion of the GRANTEE, interfere or threaten to interfere with or be hazardous to the
operation and maintenance of the pipeline, trim, remove, destroy, or otherwise control
such trees,but only after consultation with GRANTOR to explore possible less invasive
alternatives;
(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
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 dayAV ys�
of � , 20 1 6:�, .
` MF— TV-V 9 ' FM IFUE LA(- G.W D
G TOR
CORPORATEIR-L�GTOQ—
(,tJ
STATE OF M6N= *NA )
V-1,n0) ) ss.
County of 641atin )
On this 8 Aday of d v9vS� , 2014 ,before me the undersigned, a
Notary Public for the State of wi►s=1g ersonally appeared, -M ma T her ,
known to me to be the Qkvt,5jVn hend� Dirt&'EVr of Q:--riySt {r�
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 -r6--CK6b-kV- V-)L-'W L L-"j
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL) ��` 9C. �Bz' fill
ly
Notary Public for the State of Meftfaii Waehih��t�n " ., "'
')anted V, W iron d cn ; A�, �o
(Printed Name) ✓Brr tip r' '""°""a��`�_„'
Residing in SeAEEL , W o►s6pA, r���l O WAS
My Commission Expires Da / 04 /20
ACCEPTED:
CIT&4t30
-7 By
•-, ` yti City Manager
ATTEST:
c -
City Clerk
STATE OF MONTANA )
) ss.
County of Gallatin )
On this R L day of Se ( rv\rj before mel a Notary Public for tfh'e��
State of Montana,personally appeared CHRIS A. KUKULSKI and , 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 seal on the day
and year first above written.
(SEAL) ,
PLAAL MiCHALSON
z NdtatY Public
the Stalt of Montana
*'
Notary Public for the State of Montana Nb9lding at:
-•.��A—x bbitbfen, Montana
do-mmission Expir-,s:
1u�l3f�h 10,2020
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: �/ f C /20 &
PROPERTY
o® LINE/SOUTH BRIDGER
DRIVE RIGHT-OF-WAY EASEMENT DESCRIPTION
(TYP.)
S33°07'50.00"E
33.15' A 30 foot wide sewer and access easement as described
below:
Commencing at the Northeast comer of tract 26 of the
Northeast Annex, Located in Section 36, Township 1 South,
Range 6 East of the Montana Principal Meridian, In the
County of Gallatin, State of Montana:
C.O.S. Thence Southerly a distance of 14.10' along the east
2865 property line of tract 26 of the Northeast Annex to the
true point of beginning of this easement, being a point on
the easterly property line of tract 26 of the Northeast
Annex; Thence North 88'50'06.79"West, a distance of
625.82'; Thence South 82'02'25.43" West, a distance of
S82°02'25.43"W 195.09', being a point on the westerly property line of Tract
195.09, 26 of the Northeast Annexation; Thence South 33.07'50"
N82°09'17.71"E East a distance of 33.15' along the west property line of
Tract 26 of the Northeast Annex; Thence North
178.55' 82'09'17.71" East a distance of 178.55'; Thence South
88'50'06.79" East a distance of 623.62'; Thence North
j` 00'49'38"East a distance of 30.0' more or less to the
PROPOSED terminus of this Easement at the original point of
beginning.
SEWER&ACCESS
EASEMENT Containing 0.56 Acres more or less.
EXISTING 30'
SIDEWALK EASEMENT
\\—N89*19'46.00"W
698.18'
W
ry
S880 50'06.79"E Q
623.62' X
W
U
TRACT 26 I m
C.O.S.
2547
30.0'
N88°50'06.79"W
625.82'
NORTHEAST
CORNER OF TRACT 26
N00°49'19"E
30.0' POINT OF
�I— BEGINNING
C.O.S.
1895 TR1
PROPOSED SEWER & ACCESS TBE CITY OF BOZEMAN
EXHIBIT A
EASEMENT �`�"`-"''m"'° �-
bDOYe,1®ftYy pIP/I-1bY
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