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Home My WebLink About96- Aitken Sewer and Water Pipeline Easement and Agreement RECEIVED SEP 23 1996 "lM 168PAtfJ()44 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Phyllis J. Aitken, Trustee, of the Phyllis T. Aitken Trust, 25 Hodgeman Canyon Road, Bozeman. MT 59715, 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, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59771-0640, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewer and water in, through, and across a strip of land situated in Gallatin County, Montana, to be located on the following described real property: A portion of Lot 29, Bridger Creek Subdivision, Phase 1 The easement is more particularly described on the attached Exhibit(s) "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(S) 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 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 thr.eaten 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 easement 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 . i filM 168 'ACE3045 (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewer! water 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. THE GRANTOR(S) AGREES THAT: (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) 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 GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). 2 .. ~ . fILM 168 PACf3046 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. DA TED this ! q~ day of ~~ 91~~k GRA OR / STATE OF MONTANA ) : SS. GALLATIN COUNTY ) On this /May of ~~, 1996, before me, a Notary Public in and for the State of Montana, perso ally appeared P4f!/;-~ T A :fK.e.J1 , known to me to be the person whose name is subscribed to within this instrument and acknowledged to me that he did execute the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and yea irst above wr' ten. OT ARY PUB Residing at My Commission ,\\\t"''''ht. ~\"\ I{O( "I'rf .,' ~ . I.. "., .;,~- .,-S. ~ "':,jI..!II. ~';j~;r;<',~ " ,,-,.. a 'All,'.; <. ,'. ~. : /. 'f(\ ~ :: "::. " : I S.....1 r. . ., "'~ ~ \: ", A.L .~. "i . , .. r,.-~ r ~ ..' :" .. \ ,.., .-- ":\ ", \.... \': ..,...... ,~.. ~y( '\;-. ~o...-.....~.;. ..}\CCEPTED: ~ ""'" I! T A ~ 11'''-'''' 'flll/fHll\Illl CITY OF ~ZEMAN A~'d dff~~ by its City Manager Clerk of the City Commission STATE OF MONTANA) : SS. Gallatin County ) On this 21st day of October , 1996, before me, a Notary Public for the State of Montana, personally appeared James E. Wysocki and Robin L. Sullivan, known to me to be the City Manager and Clerk of the City Commission known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. In witness whereof, I have hereunto set my hand and affixed my seal on the day and year first written ,above. t#~MJ1[~U11MUUAl NOT ARY PUBLIC FOR TESTATE OF MONTANA Residing at Cc M yf:ommission expires SE";{~". ~~ ~"y~~, " ~ ~ , ~' ." I~' ~ : () 'cQv~ ~i ~ rlI:~~,:~~ENi ,~,1:9 '"":(J) t ~'i",. " ~". 3 ~H\.. e~~ ~~hl; , . ~ . . filM 168fACf3047 EXHIBIT "A" LEGAL DESCRIPTION FOR SEWER AND WATER EASEMENT FOR SADDLE PEAK VILLAGE A tract of land located in Section 31, Township 1 South, Range 6 East, City of Bozeman, Gallatin County, Montana, described as follows: The boundary of a sewer and water pipeline and access easement further described below: Beginning at the northwest corner of Lot 29, Bridger Creek subdivision, Phase 1, thence South 02015' 17" East along the western property line of said parcel, a distance of 26.30 feet; Thence, South 74008'49" East a distance of 92.06 feet to a point on a tangent curve to the left; Thence along said curve to the left having a central angle of 02027'29", an arc length of 15.15 feet and a radius of 353.24 feet, to a point which begins a non-tangent line; Thence, along said non-tangent line South 02015' 1 7" East a distance of 96.98 feet to a point on a tangent curve to the right; Thence along said tangent curve to the right having a central angle of 62054'23", an arc length of 10.98 feet and a radius of 10.00 feet to a point of reverse curvature; Thence along said reverse curve to the left having a central angle of 83007'28", an arc length of 58.76 feet and a radius of. 40.50 feet to a point which begins a non-tangent line. Thence along said non-tangent line, South 53013' 56" West, a distance of 9.23 feet. Thence South 36046'04" East, a distance of 20.00 feet; Thence North 53013' 56" East, a distance of 9.23 feet to a point on a curve to the left having a tangent bearing of South 51003'46" East; Thence along said curve to the left having a central angle of 178052'20", an arc length of 126.44 feet and a radius of 40.50 feet to a point of reverse curvature; Thence along said reverse curve to the right having a central angle of 47040'49", an arc length of 8.32 feet and a radius of 10.00 feet; . . . .~ i ^ .., , , ntH t68 'A([304@ Thence North 02015' 17" West a distance of 121.72 feet to a point on a curve to the right having a tangent bearing of North 82001' 33" West; Thence along said curve to the right having a central angle of 07052'44" , an arc length of 45.14 feet and a radius of 328.24 feet; Thence North 74008'49" West a distance of 100.23 feet to the point of beginning. Said tract contains 0.29 acres (12,620 square feet) more or less. H:\2883\LEGAL.ACC [""""-.-- . . ~ 'I ,-It ,o,t --:_~---__' E. IT e, , " . r, ... -~~ -- ---:----_ LOT 2~, ~RIDaE.R CR E.K SUB,DIVIS/ON, PHASE. 1 I ' ............,~:'-.;.>-__ -----__ 1002 B,OYLAN ROAD __ ~... --_ --_ -__ A TQACT OF' LAND LOCAT~D IN S31, TIS, Q&~ P.M.M. -E'X~~ ......")lp... ~-:-----______ ----_::- CI!!:'F' e.OZ~MAN, GALLATIN COUNTY, MONTA~A/_J- J- "'E'R ~!/......... ......... -',,__ ~__ ~P><YLL,..".""""",,TRJ<oT _____.-.- ___--- I ,. --!III e. ---~ ..........----.._ --"~-_.__~PH"I"\.LI!J.J,A.ITJC.et!l~11!:!__ ---- __---- _--_-_ ~ -~ Jr. 6- ............ -- __ 2!0 ~~GAA'Y'ON R'D. ,~- -- _ - - __-" ~::'::.::--S02'15'~ 7"E.o, ~ .........~!:GR ----2:'2:'_-:--.~_ - ~'- ----_ _",,.",,,,,,-HT.""IO --- -- .-- _.-- /_-::.::'------ .. -..-__ ---'--B~3 ~ J dr. ~_~... -~__~__-.:;_::_:.~~~L~~~~ ----,-_-_-_-~:.~-:.-:~- _.-" --2 . Q~a::----' N l;J(,~ ............ "--'---'UBOZ1!"""-HT."".. ..-.---- .........- - --- ~.....~ 7 St5 .. ~-- ~_.- -- : -f~-<-:.08'49':"'~ ---------DECTA=o7~5i44".__a_- _ -_---__ w .........-_ ~- - - -::':-;>___ 700,2 ............... - - t:-E-NCfH-=4Sl _ 25 j3[/f;~- -::'~j:_-::.:--:_______ ..................R...~~IU::~~~~~~~_~-7:7:;;~~;;- ~~ L. -. - _. _ __u _._ __, ____________~__ __ ._______:~ _' _ '-,- ___- -----n.-T2>--pur--- 25 BSL -__ ----/ I PROPERTY LINE I ----- ---------, 1 r---------- 1 I - - - - - r~ I I Iw I N I I=> I OJ r--- I 0... (J) .- ~" ~~' I to N I I ~ (J) .- I LOT I Ix I W ~ I IW ':=51 I r--- 29 r--- I ;~ I .- .- Iw 0...1 "Lf) "Lf) I .- I~ "N , " :- . I N N I..--J .- 0 0 I . I I (J) z I~ I io jl I Ie] 1'40'49" ii I 8.32' I~ 1 10.00' I~ 1 I I I 1 I I I 20' BSL 1 I I I I I 1 W I I I z :::i I I I >- I I f- 0::: I I w ! 0... I I I 0 I 0::: I I 1 I 0... I .- I I I I I I I I I I 1 I 1 I I I I I I I I I , j________~..J 1 1 L - - - ~l - - - - - - - __...1 L____ ----- --~--~--~---- ,-- I PROPERTY LINE I I 20' BSL I I EX, 12' UE I I I --~------~~--~---~-- --~-~-~--~ INDEXED jI'/IIS INSTRUMENT WAS FILED FOR I~ECOIU) IN TIlTS OfFICE ON 3f'52l:() PLATTED d d.. THE 25TH DA Y OF NOVEMBER ,=Ai'~T, 1 9 <) 6 OFFICE OF COUNTY RECORDER) COUNTY Of GALLATIN ) AT 8:51 A.M., AND WAS DULY RECORDED IN nOOK 168 STATE Of MONTANA ) Of MISCELLANEOUS RECORDS, PAGE 3044 Fee $ 36.00 SheRey M. Chili., J{ECORlHm. BY DauAr1Atf/ ~~ __ DEPUTY RT: CITY OF BOZEMAN