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HomeMy WebLinkAbout02- Baxter Meadows Sewer and Water Pipeline Easement and Agreement . , IIIIIIIIIIIIIIIIIII~III~~IIIIIIIIIIIIIIIIIIIIIIIIIII ~~t~~~~~~:R ,; . . . . ;. ''''# I 1",..",., :.!.".....'.. " Shelley Vanoe-GaBatin Co ,.,r ,.,ISC 30,00 .~ SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Baxter Meadows Development L.P" 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 59715, GRANTEE, its successors and assigns, a perpetual casement to lay, construct and maintain 160 LF (sewer) and 128 LF (water) pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting 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: An easement for sewer line, waterlinc, fire hydrant and other utility purposes Commencing at the Northwest Corner of Lot 9 of the Durston Meadows Subdivision, Phases 6 & 7, located in SouthEast .14 of Section 2, Township 2 South, Range 5 East, of PMM, City of Bozeman, Gallatin County, Montana; Thcnce South 00040'09" East, 39.52 Feet to the truc Point Of Beginning ofthis casement, being a point on the existing westerly property line; Thence leaving said property line, North 89022'10" East, 123.75 Feet; Thence North 00037'50" West, 22,50 Feet; Thence North 89022' 1 0" East, 20.00 Feet; Thencc South 00037'50" East, 22.50 Feet; Thence North 89022'10" East, 35.50 Feet; Thence South 00040'09" East, 30,00 Feet; Thence South 89022' 10" West, 179.25 Feet back to the westerly propcrty line; Thence North 00040'09" West, 30.00 Feet to the true Point of Bcginning, containing 5,827.5 square feet more or less, and subject to all easements of fact or record. The casement is more particularly described on the attached Exhibit(s)Awhich by this reference are made a part hcreof, 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 ofthe 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 . 111111111111111111111111111111111111111111111111111111I ~~t~~~~~~:A ' , Shelley Vanae-Gallatin Ca MT MISC 30,00 boundaries of the easement which may, in the opinion of the GRANTEE, intcrfcre or threaten to interfere with or be hazardous to thc construction, operation and maintenance of the pipeline; (3) Grade the land subject to this eascment 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: (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said SEWER AND WATER pipeline(s), it will repair or replace, at its sole cxpcnsc, or pay to GRANTOR(S) thc reasonable value of any damages to growing crops, existing fences, ditches and othcr 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 cxisted 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, THE GRANTOR(S) AGREES: (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) That where the subject improvements are not located under improved public or private streets or other provided access, a 12 foot wide all-weather access road may be constructed within the easement where at the City's discretion such access is required for operation and maintenance purposes. (4) 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 2 111111111111111111111111111111111111111111111111111111I ~~t~~~r~~~R . , ,. ~ . 1 . Shelley Vance-Gallatin Cc MT MISC 30,00 of it, and that they will forever defend the title to this property against the claims of 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. DATED this d. day of -UtQ , 2002. ~JiQ ,tffJf GRANTOR LIMITED PARTNERSHIP STATE OF MONTANA ) ) ss. County of Gallatin ) On this ~ day of "'fr)~ ' 2~ before 1 e the undersigned, a Notary Public for the Slate of Montana, per nally"S"ared, .:, known to me to be the .per- ~ (~iZ""l..)[K, of Jlu..c).-+<- v Wr t\d.tJrl9--S. and the person whose name is subscribed to the within instrument and aeknowledted to me that he executed the within instrument for and on behalf of~Y;~-\fv- t-tel1 r; (hI ')s, LP . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. \\\",-1\11111/, ELIZPtBE-nt. ....\ ".,. .,,,. '\1 I" "'(SElXL1 ' ~""~.:...\.: ";'\ .... ~ ::.~ ~\/." ,,"'I" ' . .'. .1)) ~~. L./ : ~;', ,\n Ir."RIA.( ,,L. ';:.. ", ,- , fi\ ,.' ~ LL1 ' _...,_ : :: -'/t'. C'EAL :it:; Public for the State of Montana ~(])?>'" 2),.. ,:,;$~ Residing in Bozeman, Montana I ) -:.;. "1' , , ' .' '\"'''... ........, r.(?' ()F ~~o'\"\'\ ",... My Commission Expires , I Y m :(00(. '/11 .. "" \\" J I 111/1111"\ 3 ,. ,.., ~. 111111111111111111111111111111111111111111111111111111I ~~t~~~~~~~R . . '. . , Shelley Vanoe-Gallatln Co MT MISC 30,00 -\ J CITY OF BOZEMAN by its City Manager County of Gallatin On this /~ Y' day of , 2 tlo.J.; before me, a Notary Public [or the State of Montana, personally a ared CLARK V. JOHNSON and ROBIN L SULLIVAN, known to me to be the City Manager and Clerk of the City Commission [or 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 ye~first above written. ...,~\.~o . _ J. 0 "Ii · .- r~ '. .'#. '" / .. ~ ' ' ,"" ..~.: t'1 ~gAL)f: ; ",. ... ~- ,- '1..{ . -" ,>, c', t,... . ..... :2(' Notary Public for the State of Montana ," , ~... to,. ,. ..lo, " , Residing at Bozeman, Montana ,1 ' ' .. '.. -1 l '< My Commission Expires: 6 -,..)- 'dOt) 7 . 4 i Exhibit A 11111111111111111111111111111 11111111111111111111111111 ~~t~~~~~~:R' ~ ,III Shelley Vanlle-GallaUn Cll MT MISC 30,00 ~w~cc II L __ 'C,""'"'"c""',, __ ~ ~..... :PI 2'1 Ul UTILll Y EASEMEN r . . .' - - - - n -- - - - - - -.- -- - - -.. .-..- - - -- - LN ,".) N89'22'10"E 2000' (0 ~ . . . - - --r-- t- -----,,---- TF\UE F'OIN T ()' o. . -- -' - -- ... .. ~ .. ,_ 'G- ." OF BEGINNING ~ N, ~ r--:;:I NOO'37'SO"W 2250' --j I,' Ij- ?OO:" ~O E 22 ; ~ ..'_1 - t-- - N89:?2~0~ -- .-'- - - J LN8922~9 J.1U) o P3,75' ,355 10 . LNo "LNq 0 G o~ ~16 o . 06 -0'0 _ -\(0 ~'. I I _ ':289"2Z.1Q::W._ _ _ _ ----.JfTl '1 - 179.25' I I LOT9 ::r: 1 1.43 Acres . ~ I J)UH~TON MEADOW~ ~UBDIVISION . N I i. 111 -': L '~~TIL:[^SEME:T _BUILD'NG SETBACK 'LlNE _ _' I le)' UTILITY ~-N;~M[N-;:- - - - ----- - - -- --- - - -- - - - III o 40 80 120 A ~ I I I ~ SCAL[: 1 INCI.[ 40 rTCT (rill EASEMENT DESCRIPTION . . . ~ An easerYlent for sewer line, walerllne, fire hydrant and other utility purpwies CornrnenCirlC] ol the Northwest Corner of Lot 9 of The Dur'ston Meodows Subdivision, Phases 6 & 7, located in SoulhEast 1/4 of Section 2, Township 2 Soulh, Range 5 r-oe;l, of PMM, City of Bozeman, Gallatin County, Montano; Thence Soulh 00'40'09" East, 3952 Feet to the true Point or 8eginning of this casement, beinq 0 point on the existing westerly property line; [hence leoVlrlC] soid property line, North 89'22'10" East, 17j,75 Feet; Thence North OO'S/50" West, 7250 Feet; Thence North 8Sf2;/1O" Lost, ;JOOO Feet; Thence South 00'37'50" East, 22,50 r'eet; Thence North 89'22'10" East, 35,50 ieet; Thence South 00'40'09" East, 30.00 Feet; Thence South 89'22'10" West, 179,25 Feet bock lo the wester-Iy pr-operty line; Thence North 00'40'09" West, 3000 Feet to the true Point Of Beqinrling, containing 6,922 square feet nlOre or leSe;, and subject to 011 easenlCnt:~ of foct or record, CITY OF BOZEMAN ii!I~'. . . .. EXHIHIT A . . , .': ,', ,~ CIVil Engmccnng 32 DISCOVERY DRIVE WA'I'ER AND QEWER EAQEMENT . LIS' IK>ZEM.\N, MT 5'''1> DRAWN BY, RFC \ ..:..) ~' .~. .l 0.4 1 ALLIED, ant. lIr~ey~ng 0" PIIONl! (40l',)5X2-0nl DATE: 02/26 ENGIN.-:t<;RINC Gcoljjchmcal Engmeelll1g 1'.<\;>< (401-.) 5IC-5770 PROJEC'I . #~ci2-o1o BozeIllan, Montana ''''",V'CES. 'NC EASEMrNTOWG ...