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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 I IIIIIII(IIIII III III)IIIIIII(IIIII(III(III IIIII IIIII IIIII III�III III IIIII(I)I'll 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 " 1801Q1(�0!)6!t-PS00—)1[t