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HomeMy WebLinkAbout17- Sewer and Water Pipeline and Access Easement and Agreement - Bozeman Health Deaconess Hospital - Bozeman Health Parking Lot Expansion Upon recording return to: City of Bozeman—City Clerk P.O. Box 1230 Bozeman,MT 59771-1230 SLATTED 2584903 Page: 1 of 8 07/07/2017 11:24:08 AM Fee $56.00 Charlotte Mills - Gallatin County, MT MISC 11111111111111 I 1111111111111111111 IN 11111111111111111111111111 I 1111111111111111111111111 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT BOZEMAN HEALTH DEACONESS HOSPITAL, a Montana Non-Profit Corporation, with address of 915 Highland Boulevard, Bozeman, Montana 59715, the GRANTOR, in consideration of one dollar ($1.00) and other good and valuable considerations, receipt of which is acknowledged, grants to CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain underground sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting wastewater and water in, through, and across a strip of land situated in Gallatin County, Montana, thirty (30) feet wide, to be located on a certain portion of the following described real property: Parcel L• Tract 1 of Certificate of Survey No. 2047, City of Bozeman, Gallatin County, Montana, (which includes Mortgage Survey No. M-348), according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, EXCEPTING THEREFROM all of the final plat of The Knolls At Hillcrest on file and of record in the office of the County Cleric and Recorder of Gallatin County, Montana. (Plat Reference: J-483) and FURTHER EXCEPTING THEREFROM all of the Amended final plat of The Knolls At Hillcrest on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. (Plat Reference: J-483-A) And; Parcel II: Tract 2 of Certificate of Survey No. 2047, said survey located in the NE1/4 and SE1/4 of Section 18, the SW1/4 of Section 8 and Section 17, Township 2 South, Range 6 East, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. 1 EXCEPTING THEREFROM a tract of land being a portion of Tract 2 of Certificate of Survey No. 2047 located in the SW1/4 of Section 8, NW1/4 of Section 17, and the NE and SE1/4 of Section 18, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, said tract being more particularly described as follows,to wit: Beginning at a point which is the Northwest corner of Tract 2, Certificate of Survey No. 2047; thence S 17 degrees 38'49" E, a distance of 459.34 feet to the true point of beginning; thence S 33 degrees 54'41" E, a distance of 214.59 feet (L15) along approximate depressed curb; thence N 68 degrees 43'16" E, a distance of 26.59 feet (1,14) along a line that approximates the back of a sidewalk; thence S 33 degrees 16'13" E, a distance of 15.87 feet (1,13) along said sidewalk; thence N 55 degrees 52'16" E, a distance of 31.05 feet (L12) along said sidewalk; thence S 34 degrees 0744" E, a distance of 24.05 feet (L11) along a wall and through the building; thence S 34 degrees 07'44" E, a distance of 151.28 feet (1,20) to a curb outside the building; thence S 56 degrees 27'32" W, a distance of 201.48 feet (1,21) along said curb; thence S 11 degrees 18'58" W, a distance of 274.16 feet (1,22) along said curb; thence N 78 degrees 58'26" W, a distance of 330.32 feet (1,23) along the North curb of an access road, to a point on the East right-of-way line of Old Highland Boulevard; thence along said right-of-way line N 11 degrees 01'56" E, a distance of 454.45 feet (1,24), more or less; thence continuing along said right-of-way along a tangent curve to the left (0) with a radius of 1661.96 feet, a distance of 54.13 feet (chord N 10 degrees 05'57" E, 54.13 feet); thence continuing along said right-of-way along a tangent curve to the left (C4) with a radius of 1661.96 feet, a distance of 102.01 feet (chord N 07 degrees 24'28" E, 102.00 feet); thence S 85 degrees 35'40" E, a distance of 51.74 feet (1,17) along the South curb of an access road; thence along a tangent curve to the left (C1) with a radius of 130.00 feet, a distance of 62.42 feet (chord N 80 degrees 39'03" E, 61.82 feet) along said curb; thence N 66 degrees 53'45" E, a distance of 50.45 feet (L16) to the point of beginning. AND FURTHER EXCEPTING THEREFROM a tract of land being a portion of Tract 2 of Certificate of Survey No. 2047 located in the SW1/4 of Section 8,NW1/4 of Section 17, and the NE and SE1/4 of Section 18, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, said tract being more particularly described as follows, to wit: Beginning at a point which is the Northwest corner of Tract 2, Certificate of Survey No. 2047; thence along the South right-of-way line of Ellis Street, S 89 degrees 29'16" E, a distance of 548.22 feet (Ll), more or less; thence S 00 degrees 53'09" W, a distance of 81.81 feet(L2) along the East curb of an access road; 2 thence S 16 degrees 14'24" W, a distance of 193.53 feet (L3) along a line that approximates the East curb of an access road; thence S 56 degrees 50'27" W, a distance of 101.37 feet (L4) along a line that approximates said curb; thence S 11 degrees 19'24" W, a distance of 33.00 feet (L5) along said curb; thence S 56 degrees 19'24" W, a distance of 28.83 feet (L6) along said curb ending at a wall line; thence S 33 degrees 40'36" E, a distance of 35.33 feet (L7) along a wall to a building corner; thence S 56 degrees 19'25" W, a distance of 86.08 feet (L8) along a wall to a building corner; thence S 33 degrees 3739" E, a distance of 143.90 feet (L9) along a wall and through the building; thence S 56 degrees 28'35" W, a distance of 88.04 feet(L10) along a wall and through the building; thence N 34 degrees 07'44" W, a distance of 24.05 feet (L11) along a wall and through the building; thence S 55 degrees 52'16" W, a distance of 31.05 feet (L12) along a line that approximates the back of sidewalk; thence N 33 degrees 36'13" W, a distance of 15.87 feet(L13) along said sidewalk; thence S 68 degrees 43'16" W, a distance of 26.59 feet (L14) along said sidewalk; thence N 33 degrees 54'41" W, a distance of 214.59 feet (L15) along approximate depressed curb; thence S 66 degrees 53'45" W, a distance of 50.45 feet (L16) through a parking access and along the Southeast curb of an access road; thence along tangent curve to the right (Cl) with a radius of 130.00 feet, a distance of 62.42 feet (chord S 80 degrees 39'03" W, 61.82 feet) along said curb; thence N 85 degrees 35'40" W, a distance of 51.74 feet (L17), more or less, along said curb to a point on the East line of the Old Highland Boulevard right-of-way; thence along said right-of-way on a non- tangent curve to the left (C2) with a radius of 1661.96 feet, a distance of 149.92 feet (chord N 03 degrees 03'54" E, 149.87 feet), more or less; thence continuing along said right-of-way N 00 degrees 28'51" E, a distance of 110.07 feet (L18), more or less; thence continuing along said right-of-way N 03 degrees 02'00" E, a distance of 204.16 feet (L19), more or less, to the point of beginning. The easement is more particularly described on the attached Exhibits A and B 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 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 underground 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 underground pipeline; (3) Grade the land subject to this easement and extend the cuts and fills of this grading 3 into and on the land adjacent to that which is subject to this easement to the extent GRANTEE may find reasonably necessary; (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 underground sewer and water pipeline(s), it will repair or replace, at its sole expense, or pay to GRANTOR the reasonable value of any damages to growing crops, existing fences, ditches, roads, trails, 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, including the surface of any roadway, in substantially the same condition as existed prior to the beginning of operations except that the surface of backfrlled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. THE GRANTOR 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 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. 4 h (5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. 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 (0 day of June, 2017. GRANTOR: BOZEMAN HEALTH DEACONESS HOSPITAL BY: John Hill—CEO STATE OF MONTANA ) SS. County of Gallatin ) On this (t day of June, 2017 before me, the undersigned a Notary Public for the State of Montana, personally appeared John Hill, known to me to be the CEO of BOZEMAN HEALTH DEACONESS HOSPITAL, and known to me to be the person whose name is subscribed to the above instrument and acknowledged to me that they executed the same on behalf of BOZEMAN HEALTH DEACONESS HOSPITAL. IN WITNESS WHEREOF, I have hereunto set me hand and affixed me Notarial Seal the day and year first above written. ILIN/ CHERYL HELM aF� ,; NOTARY PUBLIC for the NOTARIAL = State of Montana �* SEAL Residing at , ' n ae Bozeman, MontanaCN4 LJ�(,l'rn„ O�IIAO �\ My Commission Expires February 11, 2021 NOTARY PUBLIC FOR THE STATE OF MONTANA (Notarial ea 5 ACCEPTED: CITA OF BOZEMny,�.�� Manager ATTEST: U. -= T City Clerk STATE OF MONTANA ) ss. County of Gallatin ) On thisa-4day of June, 2017, before me, a Notary Public for the State of Montana, personally appeared DfV1V11S M • M- and ROBIN CROUGH, known tome to be the-Pty 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. Ali.n Ft ���,KE NN,-, ALICIAKENNEDY v��•aq� aqt o� NOTARY PUBLIC for the SEAL; STATE OF MONTANA Residing at Bozeman,Montana 9 ow,Mo My Commission Expires cs� F. August oa,2019 NOTARY PUBL F THE STATE OF MONTANA (Notarial Seal) 6 UTOt TY ASEMENT LOCATED N THE NE-1144. NE-1/4, SECTION 10, TOUPASHIVA 2 SOUTH, RANGE G EAST, P.M.N1.0 SECTION I(� I�I CORNER a ®®® ®®® ®— 3.25" ALUM. CAP 17791 PLS 18 17 -j I i I I I prVpN I I EXISTING PROPERTY LINE pSPEC? I '0 I At.JJ Nv I it: © I I00 I 100 50 0 100 200 I (0 EXISTING SLOPE EASEMENT scale 1"=100' feet I cn Z T l I o I I I W -------- ---I _ _ n 5 5 s SI9°0$'31"E 5_ - 759. 6' I s POINTSOF BEGINNING-* / dS84-53-42-E t759.— 3I�' em -- — -- -- -- —_� I I EXISTING 60' MUTUAL C§ 2 OOff,pN 5.72' WIDE UTILITY EASEMENT I60146' ACCESS EASEMENT C. FpUND 110" � ' SS 0'3 I'14jVJ I I D coo Hip VD pa aV 1 EXISTING PROPERTY LINE I I 0p �'� coN ,itrjD�1y-s9 I I 6 I, Darryl E. Magnuson, Professional Land Surveyor, MT No. PLS 17791, do hereby certify that the survey plat shown hereon was made by me, or under my direction, from notes made i" GAi_I�hS��II�YIAN in the field)and the some is true and correct to the best of my knowledge and belief. A tract of land situated in the NE1/4 NE1/4 of Section 18, T.2S., R.6E., P.M.M., Gallatin County, Montana, Darr}i E. 1.lagnua�n Data said tract being more particularly described as follows: Montana Roglatratlon No. 17791 00N7-,,q�� BEGINNING at a point which is the northeast corner of Tract 1 Certificate of Survey 2047; DARRYL E thence along the West Right—Of—Way line of Old Highland Boulevard S10'37'14"W, a distance of 5.80 feet; 0 MA�79 lS Rev'd. - UTILITY EASEMENT �� thence N89'06'31"W, a distance of 758.38 feet; BOZEMAN, MT 1 thence NOO'53'29"E, a distance of 5.72 feet; �`�'� �C' \��� EXHIBIT A thence along the North line of said Tract 1, C.O.S. 2047 S89'06'31"E, a distance of 759.36 feet to the POINT Or DEGINNING. /1 NE1/4NE1/4 of Sec. 18 4z 'KQ T.2S., R.6E., P.M.M. Gallatin County, MT Said described tract containing a gross area of 4,338 square feet or 0.100 acres, more or less. Lh.^nH.Pl tlGf°E PR°IECT I.b. etE A.Coleman D.1.1°9nua°n 11415004 05/31/2017 May 31, 2017 — 11c41 AM — P:\Private\HT\City\Bozeman\11415004 Bozeman Deaconess Health Services\Task Order 6 — Parking Lot Expansion\Survey\EASEt.IENTS\Final Easements\Utility—Easement_Exhibit—A.d�vg 0KL1 2017 LOCATED IiV THE Wfi On, E ffl^ SECTION 179 U oUNS�-J1IP 2 SWIM RANGE CAS EAST, U 1U M., CITY Or DOZEMAN, GALL ATIN COUN` , MOE\ITANA SECT+79 3.25" ALUM. CAPI I—EGA"IFS-CRrr r Lw�!A tract of land situated in the NW1/4 NW1/4 of Section 17, T.2S., R.6E., P.M.M., Gallatin County, Montana, POINT OF said tract being more particularly described as follows: COMMENCEMENT CaMMENCING at a point which is the Section corner common to Sections 7, 8, 17 and 18, T.2S., R.6E., P.M.M. I I thence S0915'38"E, a distance of 303.56 feet to the POINT Or' ®EGINNING, which is located on the East Ii Right—Of—Way line of Old Highland Boulevard; - thence N5734'05"E, a distance of 182.51 feet; I I 0 I thence S322555"E, a distance of 30.00 feet; LO cii s I thence S5734'05"W, a distance of 207.48 feet to a point of a non—tangent curve being on a point of the I 04 I I I Easterly Old Highland Boulevard Right—Of—Way line; from which the radius point bears N81'59'14"W, 1,661.96 I rn I �� feet; thence Northerly along said curve to the left following said R.O.W. line with a central angle of 01'20'44", ON I o 204, an arc distance of 39.03 feet; said curve having a chord bearing and distance of N07'20'24"E, 39.03 feet to �ppfn Ioo i C�'S. the POINT OF BEGINNING. CT NIt� N t75PE I I Said described tract containing a gross area of 5,847 square feet or 0.134 acres, more or less. �53225'WE ENpE ® 30.00' z I i X N895342 W �© I 49.40' POINT O OF BEGIf�NING � s ����r I 5 N s I, Darryl E. Magnuson, Professional Land Surveyor, MT No. PLS 17791, do hereby certify I \ that the survey plat shown hereon was made by me, or under my direction, from notes made EXISTING 60' MUTUAL Ae 01'2044 in theLeld,�j°nd th same is true and correct to the best of my knowledge and belief. ACCESS EASEMENT I I R-1661.96' I/ I I L-39.03' lL I I CB-N07'20'24"E Danyl E. Aagnusod ONTq Dote CL-39.03 Montana Reg(etratlon No. 1 P D N9 ® I -o ARRYL E � MAGNUSON c� -- s--- 17791L s --- 5 --s-- s O O _ ,� S .n Revd. U,f1 �� sraEn no. UTILITY EASEMENT DozEMnN, tirr z I 100 50 0 100 200 0 EXHIBIT B IC) NW I 1/4NW1/4 of Sec. 17 1 5 a��9 U) I scale 1"=100' feet KL➢ T.2S., R.6E., P.M.M. ��J Gallatin County, MT Y 0.'tA11.Bf p(c'0 6Y P�EC! 0. MLE A Coleman D.IAagnuson 11415004 OS/Ji/2017 May 31, 2017 — 12:04 PM — P:\Private\l.iT\City\Bozeman\11415004 Bozeman Deaconess Health Services\Task Order 6 — Parking Lot Expansion\Survey\EASEMENTS\Utility—Easement—Exhibit—B-2013.dwg OKLJ 2017