HomeMy WebLinkAbout98- Balian Public Utilities Easement
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PlJBLIC UTILITIES EASEMENT
Sanitary Sewer and Water Mains fILM 198 rArf39h~
DENNIS BALIAN AND JONl BALIAN of955 Mary Road, Bozeman, Montana 59715, the
GRANTORS, in consideration of One Dollar ($1.00) and other good and valuable consideration,
receipt of which is acknowledged, grants to the City of Bozeman, a municipal corporation of the
State of Montana, 411 East Main Street, Bozeman, Montana 59771-0640, GRANTEE, its
successors and assigns, a perpetual easement to lay, construct and maintain water and sewer
pipelines with the usual services, valvcs, connections, accessories and appurtenances for the
purpose of transmitting water and wastewater in, through, and across a strip of land 31.00 feet
widc, situated in Gallatin County, Montana, and located on the following described real
property:
Tracts 2, 3 and 4, Fowler Subdivision, according to the plat thereof, on file and ofrccord in
the office ofthe Clerk and Recorder, Gallatin County, Montana, and located in the SE 1/4,
NW 1/4, Section 11,1'.2 S., R. 5 E. ofP.M.M.
and
That part of Tract 1, Fowler Subdivision, a subdivision of part of the SE 1/4, NW 1/4, of
Section 11, T. 2 S., R. 5 E. ofP.M.M., Gallatin County, Montana, described as follows:
Beginning at the southwest comer of said Tract 1; thence northerly along the west line of
said Tract 1 a distance of 213 fect; thence easterly parallel with the south line of said Tract
I a distance of 21 feet; thence southerly parallel with the west line of said Tract 1 a distance
of 213 feet, more or less, to a point on the south line of said Tract I; thence westerly along
said south line a distance of 21 feet, more or less, to the point of beginning. As previously
described in Warranty Deed recorded in Book 138 of Deeds, Page 601.
Containing 6.15 acres.
The easement is more particularly shown and described on the attached Easement Exhibit A
which by this reference is made a part hereof.
This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns,
and its 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
GRANTORS in order to survey and establish the route and location of the easement and the
pipelines 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
threaten to interfere with or be hazardous to the construction, operation and maintenance
ofthe pipelines;
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I . f lL" 198 (~StJ~)69
(3) Grade the land subject to this easement and extend the cuts and fills ofthis 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:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said water and sewer pipelines, it will
repair or replace, at its sole expense, or pay to GRANTOR 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 a manner as will not hinder or
prevent the proper cultivation of the tract to which this right of way is hereby granted.
THE GRANTORS 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 GRANcrEE.
(2) At no time will they modify the finished grade ofthe 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 GRANTORS 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 all
persons.
(4) The GRAN'fEE may peaceably hold and enjoy the rights and privileges herein blfanted
without any interruption by the GRANTORS.
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FIM 198 ,rt~~~3970
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The terms, covenants, and provisions of this easement shall extend to and be binding upon the
heirs, executors, administrators, personal representatives, successors, and assigns of the parties
hereto.
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DATEDthis ~.~ da oft'S''''','...{, , 1998.
Y ______n___
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GRANTORS:
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-........ __ _."._.._.. - _.. ___..__u.n. .....:,..... .. ._m. .....__........:.___le. _.... .... _._.h=.......__...._._____
Dennis Balian Jo . alian
ST ^ TE OF MONT ANA :
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County of Gallatin .\
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On this ~ day of ~hr(J~ ,1998, before me the undersigned, a Notary
Public for the State of Montana, pers.onal appeared Dennis Balian and Joni Balian, known to
me to be the persons whose names are subscribed to the within instrument and acknowledged to
me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the da~ f1rWt year in this
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instrument first above written. "".~\\\; E R i--! ,~ /l71:.,
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N( f. Ryl[!(;itb~~-MO~NA ! rtlOT.::I~(;~\
Res'ding at 802 C'rr1Qn ____ ~ u,;;.., SEAL .,'.;.~
My Commission expires w/&[J2L SEAL: '":;.......-1;i..........<~~..-..::
;..., OF MO~ ,,'....
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ACCEPTED: IJII/ 1\1\\\
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CITY OF BOZEMAN
by its City Manager
ATTEST:
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Clerk of the City Commission
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ST A TE OF MONT ANA }
lss.
Gallatin County } filM 198 PAn~J971
On this /d day of ,__ !c...~ _______._. , 1998, hefore me the undersigned, a
Notary Public for the State orM ntana, personally appeared Clark Johnson and Robin L.
Sullivan, known to me to be. City Manager and Clerk of the City Commission, and known to
me to he 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 WITN< SS THEREOF, 1 have hereunto set my hand and affixed my ofTicial seal on the day
and :ea~.lrs: W!:i!7bove. ..
-'"~~-. __tl~tt2Lic_'Z-~.:~_~~c~:C""'~
.: TARY f~JI3kTOR THE STATE OF MONT ANA
Resi(lingaf'" '!kJYc..--(L4U
M~ COlP~lS'sion,..~pires h' . /..;;/ 7l----- SEAl,:
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EASEMENT EXHiBIT A filM 198 PAct3972
YELLOWSTONE PEAKS MOBILE HOME PARK SUBDIVISION
TRACTS 2, 3, 4 AND A PORTION OF TRACT 1, FOWLER SUBDIVISION
LOCA TED IN THE NW 1/4 ot SECTION 11, T. 2 S., R. 5 E. OF P.M.M.,
CITY OF BOZEMAN, GALLA TIN COUNTY, MONTANA
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089":2]'J1"
UTI LIlY EASEMENTS 19760
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EASEMENT NO. 1 ~~-[:~:::::~-~-------~--;
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LENGTH DIRECTION -T~@-~~l '. i-~--@----
<D 331.95 N 00-36-31 E · l@
<1) 11.00 N 69-25-37 W ~ : @
Q) 20.00 N 00-34-23 E @: -----...
@ 11,00 5 89-25-.37 E _ .:.1 ~
G> 60.97 N 00-.36-.31 E , ""'. :@ ,
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@ 8.3.32 5 89-24-45 W ,
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(!) 31.01 N 00-36-31 E .
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@ 197,60 N 89-24-45 E l~__,.~_
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<ID 31.01 5 00-36-31 W Z .
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~ 83,27 S 89-24-45 W 1-1
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@ 43,07 S 00-36-31 W --------t lJJ'
@ 4.3,06 5 89-2.3-29 E ::E.
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0 25,00 S 00-36-31 W (J).
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@ 43,06 N 89-23-29 W ... Q) lJJ' ~~
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344.82 S 00-.36-.31 W .-, ""1l
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@ 31.01 5 89-20-08 W " , ,
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ARU\~20.222 Sq Ft 31' Utility Ea.emOl1\ ~--------' ,
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EASEMENT NO_ 2 ,
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LENGTH DIRECTION .
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277 .82 N 00-36-31 E . '
N89'"lo"OO.~;". I
<1) 11.00 N 89-25-37 W ,r-- BJ..J~.---=-=::.i. I
'----="'. ~ 1--___ .
Q) 20,00 N 00-34-23 E EXIST\Ht':l PUBUC 5lRITT N-irl UllUTY v....~DH -
@ 11.00 5 69-25-.37 E ~ Me;j~;U Street ~i
G> 95,47 N 00-36-31 E
<ID 15,00 N 69-25-37 W ,
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([) 20.00 N 00-36-31 E @. .
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lID 15,00 5 89-25-37 E . 1i'I:;1:~
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@ 311.48 N 00-36-31 E . L-_,,_ ~10~.
<& 11.00 Ii 6'>-2.::'-37 W , ,
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20_00 N 00-34-23 E . ,
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@ 11.00 S 89-25-.37 E . 1
1"'. ----I ,
4} 5.86 N 00-36-31 E "'":<1 ., .~,~~~
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@ 31.01 N 89-20-08 E , ~
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@ 344.69 S 00-36-31 W 1 :::; ,
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11.00 S 89-23-29 E . 8726 T"TP.
~ 20.00 S 00-36-31 W l ,@
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@ 11.00 N 89-23-29 W .
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@ 385.90 S 00-.36-31 W I
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31.01 S 89-16-08 W
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AREA~24,229 Sq Fl Z.
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31' Utility EQseme:nt '. J.-
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Scale In Feet
0 100
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30 ~ '"' 1l
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Scale In Meters 5
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C~JH[ ENGINEERING AND ~ Q 1
. \ ~ E)3SlING PUIl.JC SWEET .'.NO unuTY r.As:E:ME"MT
SURVEYING, INC. ~ tHI!i"'10.06'"E
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. ClriI BlJl1neeriD6 . structural Engineering . Land Surveying (S811ill'08"W) ,
614 West Lamme Slreet 406) 587-1115 west Dabcock St."eet
Bozeman, Montana 59715 Fax; 406 567-\1766 #96270(E4 )
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OVER
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fllA.. fiLM 198 PAGEJ973
3920~?7
State of Mont., Coooty of Gallatin. 96 Flied for record MAY 28 , 19--22-
at 2: 42 . P. M., and recorded in Book 19a Df ~~ _page 3968
.:Shdky, rv~ Recorder. By ~ Deputy
FEE: $36.00
RT: CITY OF BOZEMAN