HomeMy WebLinkAbout06- Haggerty, Kevin; Tract 1 COS 1182; Sanitary Sewer Pipeline & Access Easement & Agreement
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SANITARY SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Kevin Haaaertv, 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,
GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain
1,299 feet sewer pipeline with the usual services, valves, connections, accessories and
appurtenances for the purpose of transmitting wastewater in, through, and across a strip of land
situated in Gallatin County, Montana, (30) feet wide to be located on the following described real
property:
Tract 1 ofCOS 1182 Township 2 South, Range 5 East
The easement is more particularly described on the attached Exhibits 1 & 2 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:
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......~~..~ (1 ) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the
pipeline, services, connections, accessories and appurtenances;
lO 0. (2) Trim, remove, destroy, or otherwise control any trees and brush inside or reasonably
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f") l() 0 adjacent to boundaries of the easement which may, in the opinion of the GRANTEE,
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N~~ interfere or threaten to interfere with or be hazardous to the construction, operation and
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NOlI'" maintenance of the pipeline;
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~o (3) Grade the land subject to this easement and extend the cuts and fills of this grading into
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~ and on the land adjacent to that which is subject to this easement to the extent
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=g THE GRANTEE AGREES:
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Q) (1 ) That, in connection with the construction, operating, patrolling, repairing, substituting,
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_U'J removing, enlarging, replacing, and maintaining of said Sewer pipeline, it will repair or
replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any
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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 by the developer 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
0- all persons.
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UJ108 The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted
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NN~ without any interruption by the GRANTOR(S). The terms, covenants and provisions of
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0-0 this easement and agreement shall extend to and be binding upon the heirs, executors,
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-U"J administrators, personal representatives, successors and assigns of the parties hereto.
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~o DATED this day of ,2006.
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GRANTOR - I~~.v ~: /y
STATE OF MONTANA )
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County of Gallatin )
On this 2'-f-day of , 20~, before me the undersigned, a
Notary Public for the State Montana, ersonally appeared J(/..utit ~_ ,
known to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year above written.
(SEAL)
. - "__Jrui;a J. 'P1l1Moo
NC)tary Public for the State of Montana
Tr.wa &. PJJtrsOYl
(Printed Na~ ~
Residing at ~
My Commission Expire ~~20Q!L
ACCEPTED: r~A~'
CITY OF BOZEMAN
by its City Manager
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Clerk of the City Commission
STATE OF MONTANA )
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County of Gallatin )
On this :J/&day of , 2/X)~, before me, a Notary Public for
the State of Montana, personally appeared C A. KUKULSKI and ROBIN L. SULLIVAN,
known to me to be the City Manager and ClerK f the City Commission for the City of Bozeman
and the persons whose names are subscribed to the within instrument, and acknowledged to
W 0- me that they executed the same for and on behalf of the City of Bozeman.
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f") W c) ~ c:t;le5~ ~EOF, I have hereunto set my hand and affixed my seal on the day
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LEGAL DESCRIPTION
A 30 foot wide Public Utility Easement being on 0 portion of Tract 1
of Certificate of Survey No. 1182, located In the Southeast
One-Quarter of Section 15, Township 2 South, Range 5 East.
Principal Meridian Montano, Gallatin County, Montano, and being
further desuibed os follows;
Beginning at 0 point which bears North 00011'28" East. 0 distance of
30.00 feet from the Southeast Corner of said Section 15, said point
also being on the North Right-of-Way of Stucky Rood;
thence North 88.50'44" West, along said North Right-of-Way 0
distance of 30.00 feet;
thence North 01.08'45" Eost, 0 distance of 1298.75 feet to 0 point
on the north line of said Tract 1 ;
thence Sou th 88.45'51 " East, along said north line a distance of
30.00 fee L;
thence Sou th 01.08' 45" West, 0 distance of 1298.71 feet to the
Point of Beginn ing.
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., PROJECT SURVEYOR: KII SHEET
=.... Civil Engineering ,12 DlSCOVEItY 1l1{1\'1: lOF2
iiiiiiiiiiiiiii OJ Land Surveying 1l()ZEMA:-.I, MI' Yj']l~ DRAWN BY: KWO
-5; ALLIED Geotechnical Engineering PllONli (406) j!!Z-O~21 RLvlfwED By: KIT PROJECT No. 04- 1 70
ENGINEERING StruClural Engineering fAX ("U6) j):l'~-rnO ~".,_.,~-
l:St:HV"-'I;-:'l.I.....C'". DATE: 01/19/06 "'IIIOtA1l[lIIl.,_.TY
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EXHIBIT
30 FOOT WIDE PUBLIC UTILITY EASEMENT
BEING ON A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY No. 1182
LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 15,
TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA,
GALLA TIN COUNTY, MONTANA
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f.fio 588.45'51"E
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0 100 200 300
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SCALE: 1 INCH = 200 FEET
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:Di=. PROJf.Cl suttvfYo~: KIT SHEET
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;I~~:,: ,.,: ,~I_ Civil Engineering .n OISC:Qvr.RY rJRIVE 20F2
" Land Surveying 130ZEMA:-;. MT 5971101 DRAWN 8Y. KWO
ALLIED Geotechnical Engineering l'IIONJ:::(~06.l5!!2-0221 REVIEWED B"': KIT PROJECT No. 04- 1)'0
ENGINEERING Structural Engineering ~'AX (41)(,) :lX',I_~no .~""~.~_.-.,--,,..,~,~- ..'".~~ ---
5E :0;...........,'::'="". ,"I':':. DATE: 01(19/06 IIII1iR\.....N,...I;q...