The URL can be used to link to this page

Home My WebLink About05- MSU; Portion SE1/4 NE1/4 S15 & NE1/4 S14 T2S R5E; Sanitary Sewer Pipeline & Access Easement & Agreement , SANITARY SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Montana State University, the GRANTOR, 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 approximately 2,650 feet (sewer) pipelines with the usual manholes, connections, accessories, and appurtenances for the purpose of transmitting wastewater 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: BEING ON A PORTION OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF SECTION 15, AND THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, GALLA TIN COUNTY, MONTANA The easement is more particularly described on the attached Exhibits 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 It) u the easement and the pipeline and to: '" 0 lO ,;; (1 ) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the f") '" 0 -<0 ('l') 0 is pipeline, services, connections, accessories and appurtenances; N~~ N";;) (2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the m" NOlI'" 0-0 0 boundaries of the easement which may, in the opinion of the GRANTEE, interfere or ~o N =<0 threaten to interfere with or be hazardous to the construction, operation and ~ - =u maintenance of the pipeline; -U'J ~i: (3) Grade the land subject to this easement and extend the cuts and fills of this grading into =1- _>:: 0 _u and on the land adjacent to that which is subject to this easement to the extent _c _.~ -~ -'" GRANTEE may find reasonably necessary; and .... _.... ='" -<.0 -, (4) Support the pipeline across ravines and water courses with structures which GRANTEE -Q) _0 =c -'" deems necessary. -> ~,. -~ ~a; ~.c _U'J . THE GRANTEE AGREES: (1 ) That, in connection with the construction, operating, patrolling, repairing, substituting, 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 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 0. surface in substantially the same condition as existed prior to the beginning of Ul '" 0 W ,;; operations except that the surface of backfilled areas may be mounded sufficiently to M<OO _<0 MOO 0 prevent the formation of depressions after final settlement has taken place. NN~ N.ii;;) m" N~8 iiiiiiiiiiiiii 0 THE GRANTOR(S) AGREES: ~o -N ~<O ~ (1 ) At no time will they build, construct, erect or maintain any permanent structure within the iiiiiiiiiiiiiii - -u boundaries of said easement without the prior written consent of GRANTEE. =U'J ->: ~ (2) At no time will they modify the finished grade of the land over the pipeline by removal of _0 iiiiiiiiiiiiii u ===== c existing soil or by placement of fill material within the boundaries of said easement ~:: -'" -.... without the prior written consent of the GRANTEE. -.... ='" -<.0 -' -Q) That where the subject improvements are not located under improved public or private ~ g (3) -'" -> iiiiiiiiiiiiii ,. streets or other provided access, a 12 foot wide all-weather access road may be -Q) -.... iiiiiiiiiiiiii fii ~.c constructed within the easement where at the City's discretion such access is required _U'J 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 C:\Proj~cts\M~adow Cr~~k\[as~ll1~nts\MSU S~w~r ~as~ll1~nt-l.doc Page 2 of 4 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. D.. ID ? A ~ ~ ~.. DATED this ]-" day of ()A'r-J V A"1(-'V( ,~. u200: f") 0 g ..,q N"'<::' N..;;) m" N~~ iiiiiiiiiiiiiii 0 !!!!!!!!!!!!!!! 0 =N =<0 - - iiiiiiiiiiiiiii - u STATE OF MONTANA ) -U'J iiiiiiiiiiiiiii ~ ) ss. - _ ~ County of Gallatin ) _0 f~ u .' {, .....' 1- () 0 W fr _ ~ On this ~ day of )A-N\ji\--cr(~ ' ~, before me the undersigned, a Notary = ~ Public for the State of Montana, persona Iy appeared, Dr. Geoffrev Gamble, known to me to be _ ~ the President of Montana State University and the person whose name is subscribed to the - g within instrument and acknowledged to me that he executed the within instrument for and on - ~ behalf of '\, cf\tr7\--1'iA- >1Ht;" l/jVfVf:~]i-SI-c::r' - ,. -Q) ~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the - U'J day and year first above written. c. "". ,.. ~ '. , - Notary Public f r the State of Montana :;;V5Pa-J t17.A~ (Printed Name) Residing in ~::cnvtA-N My Commission Expires 'fw5 I Z- 'Z-- 120M C\Projccts\Mcadow Crcck\Easements\MSU Sewer eascmcnt-I.doc Page 3 of 4 . ACCEPTED: (~A_~ CITY OF BOZEMAN j by its City Manager ATTEST: r;et:.~~ Clerk of tt1e CitY Commission ,,r ." ",. STATE OF MONTANA ) ) ss. County of Gallatin ) On this /Ji7---day of (/ (JAvUrL'~~~ ,2C tlo, before me, a Notary Public for the State of Montana, personally appeared CH IS A. KUKULSKI and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the City Commission 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) V" /, ' >I/I/t, l /)y~C/ C It) 0- ". ,,(-t' CCt/.J!__ <t 0 Nota~p..u.bliK.f{)r~he ~tme of M,ontani lO '" rr) <0 0 -I : {Al-er~iS': (; 1/<''' I I n ~+<_"l-/ -<0 rr)og N'" ~ (Printed Name) N..;;) m" Residing at Bozeman, Montana N~8 My Commission Expires: 3-/ {'")- /20a!l:... ~o ~~ -N ~<O - - - ==== ~ -~ =f- _Ii: ____ 0 _u _c ~.~ -~ .... _.... ='" -<.0 -, -Q) 0 _c -'" :> >- =~ ~.... -Q) C:\Projccts\Meadow Creek\EasclllcnlS\MSU Scwcr casemcnt-I.doc _L _U'J Page 4 of 4 . LEGAL DESCRIPTION A .30 foot wide Public Utility Easement located In the Sou theost One-Quarter and the Northeast One- Quarter of Section 15, and the Northwest One-Quarter of Section 14, Township 2 South, Range 5 East, Principal Meridian Man tana, Gallatin County, Mon tana, and being further described as follows; Beginning at a point which bears North 01.07'28" East, a distance of 1.328.71 feet from the Southeast Corner of said Section 15, said pain t being on the north line of Tract 1 of Certificate of Survey No. 1182; thence North 01.08'45" East, o distance of 169.16 feet; thence North 15.46'5.3" East, a distance of 728.17 feet; It) 0- thence North 01'09'11 " East, a distance of 1752.90 feet; '" 0 thence North 88'50'49" West, a distance of .30.00 feet; lO ,;; r"')<Oo thence Sou th 01.09'11 " West, a distance of 1749.05 feet; -<n r"')og th en ce Sou th 15.46'5.3" West, a distance of 728.17 feet; NU)~ NQ);;) thence South 01.08'45" West, a distance of 172.97 feet; m" N~~ th en ce Sou th 88.45'51" East, a distance of .30.00 feet; 0 to the Point of Beginning, 0' "" ;< N u ~<o :::l ---- U1 ~ ~ f- - Z =u 1,-, -<11 ~ ~ w -'"" U1 =f- <>: _>:: w 0 !Y w -'-' 'l: _c w .~ V1 / -.. ~ .... _.... c. ='" ~ -<.0 -, L -Q) / ~g (l' . -'" " -> / ,. r: -~ "" -.... 0 -Q) " _J:: .,.. _U'J ..,- 0 / ..,- C ,.., / 1/4Sec T. R d/i;. Civil Engin~~ring PffO.A::GT SURV'[Y')R II:IT SHEET 11lllS,CO\'I'J1:Y l>IU\t. r__~~ 101' 2 tB 14 2S 5E Land Surveymg iio(llLMA'i. ~T '\,l~I. DRAwN By I(WO ALLIED ! Geotechnical Engineering I"fj~)NI- <4l);,J '~~-4)HI "h'l[W[o By l(IT P~O..l:CT 1\10 0.-' 70 ffil ' 5 25 SE ~NGINEEHINO Structural Engineering ~' ~)( t"Or.1 ,'.~_~ ~:(f -- ..."'.....v.c.... ''''<~ DA I[ O"/19/0~ 51<<" (jI\5(lIII(Nl y'lol..l..... ~ .. EXHIBIT 30 FOOT WIDE PUBLIC UTILITY EASEMENT LOCATED IN THE SOUTHEAST ONE-QUARTER AND THE NORTHEAST ONE-QUARTER OF SECTION 15, AND THE NORTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONT ANA, GALLATIN COUNTY, MONTANA N88"50'49"W 30.00' olf) '6 - OF t 0 m ,-iA It. NA to Of' en N ) f,AONiA = too STA ~iANA "<t lf) r-- r-- ~O ~ ~ 0 I;iOO ~ ~... ,. ---j J-'.! sCAH" 1 INC:H '" 0400 n:n ~ ~ m m p p -----G- Q- ...-.---.... ..--- -.....--- (/) Z It) 0- '" 0 10<08 M_<o Mog N<O~ "- N";;) - " m" N~~ - ~o . OF ~o 5TA~TANA f OF =N iiiiiiiiiiiiiii <0 f;10 S~~~fANA ~ ~ - =u -Vl _i: === f- 501"OS'45"W N01'OS' 45"E _>:: 169.16' '" iiiiiiiiiiiiiii 0 172.97' ~ ~u -) === c V) _.~ ----- -- ~ -~ -'" ~ =.... POINT OF -.... 5SS"45'51"E " ='" lRACT 11152 BEGINNING 'F. -<.0 30.00' 0< - I -Q) S NU < C , _0 '" =c cO . <RAC' 124:> ~ -'" I C NO. w. -> iiiiiiiiiiiiiii ,. '\. c1 -Q) f =.... D -.... " -Q) , ~.c "-' ~.l. I _<I) co '_ -;; C'J '" . u '" (() /' o C'J u :- n o - co; Z " I __1~ 14_~".______,.____""" ",. n --- STUCKEY ROAJj~ ;; -2 }.... - _.. Co ~ /' 1/4S.< T R iili::.[ ,.."~~. I "..~._." ~.=' "'~ !'E 14 2S SE LAnd SUfV(:ymij. 1K.I.t.l,IotAN, WT "11t ()AAWN IIY 11111IO 2 OF 2 ALLIED Goolcchnical Engincerm, I'iUoII-,f4ljllol'.1-trllt ~'VIf,:w(O ~.,- PRO'-:~T".o OJ-007 ffil I~ 25 SE !:N<lI~GRINO StruC1lifil EnginrC=flna f"X ~4Otl.'lll-jnD _.~- . ~~ ~ DAT( 01/11/D). f""IVI~~