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HomeMy WebLinkAbout96- Decosse Amended Public Street and Utility Easement fiLM 168 PACfJ067 AMENDED PUBLIC STREET AND UTILITY EASEMENT DONALD J. DECOSSE, JAMES W. DECOSSE AND DENNIS A. CATTIN (Grantors), all of Bozeman, Montana, in consideration of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, do hereby grant to THE CITY OF BOZEMAN, a municipal corporation of the state of Montana, 411 East Main, Bozeman, MT 59771-0640, (Grantee), its successors and assigns, a perpetual street and utility easement to lay, construct and maintain public streets and sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for purposes of vehicular and pedestrian traffic, and transmitting water and disposing of sewage and providing other public services, through, under and across a fifteen (15) foot strip of land along the western line of the vacated portion of Nickles Drive according to the official plat filed with the Clerk and Recorder of Gallatin County and is more particularly described on the attached exhibit(s) k which by this reference are made a part hereof, pursuant to the following terms and conditions: 1. Description of the property. The following described real property shall be subject to the easement herein described: Lot SA of the Amended Subdivision Plat of Lot 5 of the Amended Subdivision Plat of McChesney Industrial Park, City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana. Lot 58 of the Amended Subdivision Plat of Lot 5 of the Amended Subdivision Plat of McChesney Industrial Park, City of Bozeman, Gallatin County, Montana. 2. Inqress and Egress. Grantee, its successors, permittees, licensees, and assigns shall have the right, at any time, of ingress and egress over and across the 15 foot right of way. The right of entry shall be by existing roads, or trails or otherwise by a route causing the least damage and inconvenience to the GRANTORS in order to survey and establish the route and location of the easement and the pipeline and to: (A) Construct, operate, patrol, repair, substitute, remove enlarge, replace and maintain the pipeline, services, connections, accessories and appurtenances; (B) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the boundaries of the easement which may, in the opinion of Grantee, interfere with or be hazardous to the construction, operation and maintenance of the pipeline; filM 168'ACf3Q68 (C) Grade the land subject to this easement and extend the cuts and fills of any grading into and on the land adjacent to that which is subject to this easement to the extent Grantee may find reasonably necessary; and (D) support the pipeline across ravines and water courses with structures which Grantee deems necessary. Any such structures shall be repaired and maintained at Grantee's sole expense. 3. Use of Property. (A). Any street, road or service for utilities shall be constructed and maintained in a good and worker-like manner and shall be made and kept as safe for public travel as possible. The expense of construction and maintenance of the street, road or utilities shall be borne by the City, as grantee; Grantors shall not be liable for any of the expense of such construction or maintenance. (B). Grantee shall not grant to any person, company or entity the right to use this right-of way for any purposes not specifically allowed herein, and shall not have authority to grant to any other person, company or entity any additional easements without the written consent of the grantors. (C) The grantee further agrees: 1) That, in connection with constructing, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water and 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. 3) To lay, construct and maintain said pipeline in such manner as will not hinder or prevent the proper cultivation of the tract to which this right of way is hereby granted. (D) The grantors agree that: 2 ---.., r f[ ~ t 68 PArr 3()69 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 ) of the land over placement of fill without the prior At no time will they modify the finished grade the pipeline by removal of existing sailor by material within the boundaries of said easement written consent of the GRANTEE. 3) The GRANTOR(S) warrant 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) The Granttee may peaceable hold and enjoy the rights & privileges herein granted without interruption by the grantor. 4. Bindinq Effect. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. Dated this ~ day of (-)"-10_,~ GRANTORS , 1996. ><' '~T>-'~<c;> .\ '; (James W. ' De'cosse .- '~4'-"'" /:/. C?'~-<_ Dennis A. Cattin /'" L.__.,____. STATE OF MONTANA ) ) ss. COUNTY OF GALLATIN ) On this (~:)'~f day of ('(\c'...Lt.\ ,1996, before me, a notary public for the State of Montana/-/personally appeared JAMES W. DECOSSE AND DENNIS A. CATTIN and known to me to be the persons whose names are subscribed to within the instrument and acknowledge to me that they executed the same. ;Ii:;,;..,., \\\\1"";(""";" ::\ ",\\0 . \/1 0 ' ';'''i. ",,,, """ ..... '''''.....~\ " ....r ...........h. '" , ':'''-'''St... i\,. . ....$ ,.J ..... .~~. ,.;~ .. i . ~v,:-" O~t\,z~'.-.. ,:,;:~ .... I N \1iA,.,i,./~ · :'~'- = /:./ " '11 ~ ," = .J -" " ',oN : c( i _ ., ..'_ "t : ...... ::',.i" f ;(1\\ ';::',:' .: -,$ -:., ~.. ' T.#- ~A ~ . ... . i ,-," ..1..... .....~~ .... ' '),., '. ,. '-, ~';J:'~.. .~.ti.~.,. . r,~\.""- '"s-'O" ,I.,>" "", r '"',,'- """111'111\\\ ~).. /'--- '.:' ,_' i~ ., ) -./i, ( \"< ,/; ii / ;: (0 ".2ti Notary Public for the' State of Montana Residing at Bozeman, Montana My Commission Expires: ,:..,\ - ;,J-{({) 3 // (J~ im Wysocki, CITY 0 Y its Manager c' ) 'v~.~/,.,---, I ~, filM 168 PACfJ070 lin-l<<-.g( <] ca, e; wi ~ Donald J. M60sse /'\i STATE OF I ,/j'i rill Ii' ...: ss. County of !. ii, (IiI//") ,,', , On this i/"" day of j) l;hL , 1996, before me the undersigned, a notary public fdr the State of , ~)'JI'ii"'(, , personally appeared DONALD J. DECOSSE, 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 WITNE:$.S' WHEREOF, not~hljc-",e.&61 the day "". .' .b "", ",,~ ~.Jl (- I.'"" ' ...'/' ..," ...,~,:",.!.."..IT;.'""., ~'''~ ~"'r~ .~~~~i"'I''''' ~:,,~ ~... .\ : 'l:" 'C:::l . 0', :;,1 ~; () :,i;:,." ' , ~, '~. i ~ ... :~ CD, . , ,.; : 1,1) i :i... \ I,~.. . .:)... 2 -;,'~'." . =="=' ..~: ~ 0 . '. . ~. oJ : ;oo~ ~/ ...t1. " ..~.~~,.. ...~-' ~'I .,. A.."....... \.'" .....~ ;f~.,'" l'/ A I ',' ~"" >'''/1#/11'' IIt1"" I have hereunto set my hand and affixed my and year first above written. II /.': / ,,{~ '~} . ;:"t. I'. l<. "j.' I. I Iii:' I( ".f".. Notary Public for the S'tate of ,~ Residing at to> 'i ,', My commission expires: 1 ,/ ACCEPTED ~:J ~~ Clerk of the City Commission STATE OF MONTANA ss. , 1996, before me, a notary personally appeared James E. Manager and also known to me to are subscribed to the foregoing me that they executed the same. COUNTY OF GALLATIN~ On this ~ day of public for the" State of Mo Wysocki, known to me to be the' be the persons whose names instrument and acknowledge to 4 .. ntH 168 PACfJO?l '. In w.. i.tneSS-)'flI'reOf'~ have seal on this ( C{ day.. J f/l , ,,' - "",,~'1../:.w":"'''I''':'''.'~j..(f~;'''' '. ,/, .... ettlJ" "l!,: ." .L'r' .'~'" . "'.". '. ... ,,-"'< .. ". ."'. " , t... " .:; ..f)"< r'".r,. (1('\ r.." "'" ' t= ,. t..~ \- : ~,,~... /' 1 ,,'f. "L!>" .\ (".1 ~'. " 0 F \;,' hereunto set my hand and affixed my , 1996. , . ~i 1 a JJi1J.A bJJ1/VlliUJJ- !Notary Public for the State of Montana Residing at Bozeman, M~Jr~ln7 My Commission Expires: ( ? !:::IO , , 5 60' NIKLES DR. t NO'" 1 'oo"w 30' ~ PLA T) ~i II ()Q ~S ;. ~ . fILM 168 PACfJO?2 60' .. ~ Cl (':) Z c:i - 0 .... r.n ~ ~ ~ ~ . - ~ !:"l - "') c.:J :- - SUBJECT ~ RIGHT OF YAND . UTILITY E ~MENT ~ ~ LOT 5V ~ ~ ~ ~~ .:$ N88'48'20"E ~4; ~ ~ ~v LOT 5A (':) c:i - - ~ . - 164.95' !:"l "') - - ~ 'It- \Q ~ 30' N88'48'20"E 164,95' VACA TED NIKLES DRIVE ORD. NO. 1358 30' EXISTING \---15' Utility Easement I ~ I ~'f:1:- I I ~ \~ I 4;:-'f:1:- t ~ f5 I ~.:s I~ I .:$ N (.j ~ ~ ~ I # I R;-(J \ A4J LOT 1 ~ \ 0 60 120 \ \ I , I \ SCALE: 1" = 60' \ EASEMENT EXHIBIT "A" LOT 5-A AND 5-8 AMENDED SUBDIVISION PLAT OF McCHESNEY INDUSTRIAL PARK CITY ENGINEER'S OFFICE MARCH, 1996 ~~~1JtII': . . ". ,,_ ,~~;:'~~ I~ I:~T It U MEN T W :-""~';'~'O ~tEC=;! I) IN TillS OFF Ie EON d d 5 2 b d THE 25TH DAY OF NOVEMBER A'i'FJ. 19 96 OFFICE OF COUNTY RECORDER) , , COUNTY OP GALLATIN ) AT 8:57 A.M., AND WAS DULY RECORDED IN BOOK 168 STATE OF MONTANA ) OF MISCELLANEOUS l~ORDS, PAGE 3067 Fee $ 36.00 SbaDe, I. Cheney llECORDEll. BY 6~tlA/Y..J (~. DEPUTY RT: CITY OF BOZEMAN /'