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Home My WebLink About99- Norton Public Utility Easement and Agreement, 1999 , .' ..", 1111111111111111111111 ~~~;~r:? ~ Shelley Vanoe-Gallatin Co MT MISC 30.00 .. PUBLIC UTILITY EASEMENT AND AGREEMENT DAVID F. NORTON, of Bozeman, Montana, 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 Bozcman, a municipal corporation of the State of Montana, 411 East Main,. Bozeman, MT 59771-0640, GRANTEE, its successors and assigns, a perpetual casement to construct and maintain sewer pipeline with the usual services, connections, accessorics and appurtenances for the purpose of transmitting sewer in, through, and across a strip ofland situated in Gallatin County, Montana, ten (10) feet wide to be located on thc following described real property: (PLEASE REFER TO EXHIBIT "A" AND EXHIBIT "B") The centerline 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 cmployees, 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: (I) 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 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 pipeline; (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 casement 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 that: (1) That, in connection with the construction of the public sewer pipeline, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewer pipeline(s), it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any Page I of 3 Pages ~ 1111111111111111111111 ~~~~~r;?~, Shelley Vance-Gallatin Co MT MISC 30.00 ". 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 frQm 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 exca- vating materials 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 Linal 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. The GRANTOR(S) agree that: (1) At no time will they build, construct, erect or maintain any permanent structure within the boundaries of said casement without the prior written consent of the 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) The GRANTOR(S) warrant that they arc 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 GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). day of ((,("",,-1- 0~/;:: .2fb~ David F. Norton DATED this I ~ , 1999. Page 2 of 3 Pages , . ~ , '\,i~~:)> ~: >4. .....".. ,,' ,"', C> - .. .~ .-"' , ";\ ""I', 1 11111111111111111111 Shelley Vance-Gallatln Co MT MISC 112012071 Palle: 3 of 5 05/09/2000 11 :48R 30,00 STATE OF MONTANA ) '-'. '" . :ss. COUNTY OF <;.-z!.~hJlO~-,uv-- ) day Ofc::tin the year ri9 Cf ' before me L}rrcla ;/Pt, t/k~ . eN otary) personally appeared ~ U " f3-. fl.,rt Cy,/\ , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that (he, she or they) executed the same. (1-5-101,1-5-102,1-5-203, MCA) \IIIII/U", \\\ . ~j III ,:~_. '(>. i~~ : . ':, [;1.. ,;/<; ...:-.,.....)... -'.f..) "/ ..:- ~~~":>..' .. 0 -::.. ''-.. ^~"""9r^ .$.... :? ..../: \'~,u ,,-,,' II'if.. ". ::. \~~:S;2,~:L)} // /' ': . , , . . . . . . '0 . " /,> <;- 01':: I~O;; ,,' 1/ H' \ \. IllillI 11\\\\ On this J 0 ~ A/' /2~ 'k... . __ / / ! . fi. -.f'CT;"-....___. No ary Pubhc for the State of Montana, residing at <..-1 ~~/Yf/~^-' , Montana. My commission ex . s III cJJ2; /01 I I SEAL ACCEPTED: '\ .\- -c-c.,'\--\~, CITY OF BOZEMAN ATTEST: (}~:f ~ Clerk of the City Commission STATE OF MONTANA COUNTY OF f.1Jo.t;~ ) :ss. ) On this /9 day of II(;Pt.:.t ,2000, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Clark Johnson known to me to be the City Manager and Robin L. Sullivan, known to me to be Clerk of the Commission of 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. . ~" Pt.i' ' 'i", ; I~ I ~__ tr.1 4'. . '. 1". ~:. , .(;) ',r .;. T"i"IlI. . ~ ~ _'" l..~t:_... ..J:W: \ i ~ :~:; , . ~ .' ..;-- :~.;. ~~...~./ " .., . /' .... ,.,,- .."",..' ...... ~". -;;..J \} ... 1:\ I lr--.. I ..:-A-;;. /1/1 C Notary p~ for the State of Montana, residinglclt _tlJ2-t'AJ~ , Montana. My commission expires /()/I (II I H:\3130\OOl\EASEMENT\SWS-NORT.WPD Page 3 of 3 Pages {\,,' ~/ ._~ i, 1111111111111111111111 ~!;~;~0;?: SMelley Vance-Gallatin Cc MT MIse 30.00 v EXHIBIT A BAXTER CREEK BUSINESS PARK - PUD August, 1999 Utility Easement A tract of land located in the NE 1/4, SE 1/4, Section 9, T2S, R5E, PMM, City of Bozeman, Montana, and being more particularly described as follows: Commencing on the southeast corner of said Section 9; Thence along the East boundary of said Section 9, NOOo22'13"E a distance of 1232.43 feet to the Northeast corner of 1. C. Billion Auto Plaza Subdivision; Thence along the North boundary of said J. C. Billion Auto Plaza Subdivision, S89057'30"W a distance of 60.00 feet to the TRUE POINT OF BEGINNING; and being a 10 foot wide strip North of and parallel to the following described linc; Thence continuing along said boundary line S88 o57'30"W for a distance of 603.24 feet to the northwest property corner of said 1. C. Billion Auto Plaza Subdivision; Thence continuing along the North boundary line of Gardiner Green Jr., and Triple Three, LLC Montana Ranch Property, Inc., property S88 0 57'30"W for a distance of 15 feet; thc cnd of the casement; The boundaries of said easement to begin and end on the West right-of-way of Cottonwood Road and 15 feet west of the west property boundary of said J. C. Billion Auto Plaza Subdivision. Said easement being 0.14 acres, more or less. H:\3130\00 I \EASEMENT\UTILlTY A. WPO ." '. r . 1111111111111111111111 ~~;~i~r;? ~R Shelley Vance-Gallatin Cc MT MISC 30.00 .. Certificate Of Survey 11005 Norton Ranch Inc. . , 9 NE 1/4 SE 1/4 END OF 10' WIDE f~S~~?~~D BILLlOJ WEST BOUNDARY . ]!...3fl'::~:66:3:2e'== ~B!!:q,7:3P:.j'f"a.~b.g ~ ~ 03.24' L3"'N' 89 57'30"E, 41 1 '" tri N N 3: C) 1\C)'l; ~ 11.0 ..v .o~ (' ..} .o~ >.~' .~, "'u I()' ~".... C.. :,. . I/} b 00'22'13" E NB9'02' 37"[ 2666.78' . MORHISON .. MAIERLE,INC At> _"'--0wMd: =",,"11 ENGINURS 0Cl0iTlSTS S\mvtYO/lS PwlNPlS SlNC( 111<5 PlI. II> '''3 !IIII T~ IN. 11>_. WI 59m ....... {<(>I) \IlH12I r..: (iOO) \oil-illS 3130.001 BAXEASM.DWG 6/9/99 I I I P.O,B. IlroUND S '/11 S ." 4' ICDOT UN. :r: S88'57'30"W 3:: ~ N f'l I g ; c. Vl C1 S8g'51'35" b,Lw 257.16' J.id 16/\1'5 5 C1: ~ ..00' 11'24" R ,,22988.31' L :076.20' C2': ~ ..00' 15'01" C2: ~ ...00' 08'58" R ,,22988.31' R ...22988.31' L =100.42' L =59.99' EXHIBIT 'B' 10' WIDE UTILITY EASEMENT PAGE 2 /2