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HomeMy WebLinkAbout96- Bridger Creek Condominiums Sewer and Water Pipeline Easement and Agreement , " " , , ... m~ 17 4),~:f 19~' b SANIT AR Y SEWER AND WATER PIPELINE AND ACCESS EASEMENT AGREEMENT Bridger Creek Condominiums, Inc., 2421 Highland Blvd, 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, the GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sanitary sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting city sewage and water 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: Lot 12, BRIDGER CREEK SUBDIVISION, PHASE I, according to the plat thereof, on file and of record in the office ofthe Clerk and Recorder, Gallatin County, Montana, and located in the Sec. 31, T. 1 S., R. 6 E., P.M.M., and containing 3.56 acres. The Easement is more particularly described on the attached Easement "Exhibit 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 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 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 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 sanitary sewer and water main 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, . \ , ," ~ " e~isting fenc~s, ditche~ and other apput'tenances of said land that may bflL" 1'74 ~/Di917' 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) agree that: (I) 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). The Terms, covenants and provisions ofthis 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 ~.___ day of SIGNED: ~bId.Y:tl_~~ EEK CONDOMINIUMS, INC. , ~re~ I ~ ri- f- en LeClair, Preisdent , 199~ , . \. , . ST A TE OF MONTANA ss. fll~ 174Jt;Cf19t~ COUNTY OF GALLA TIN On this~_____~_ day of "EBk!..UAR-Y ,1996, before me, a Notary Public in and for the said State, personally appeared Ken LeClair, president of BRIDGER CREEK CONDOMINIUMS, INC., a Montana coporation, known to me to be the person whose name is subscribed to within this instrument and acknowledged to me that he/she executed the same, for and on behalf of said corporation. SEAL: ACCEPTED: In witness whereof, I have hereunto set by hand and affixed by official seal the day and year first, ' abo~ve written'l ~ P. nil, ?1 A __ /\ .' ~ V\ O~~;:~~"",., /.LA/fYl..NV.YY' y '--" ."a.~ ".(';1~'~ NOTARY P LIC FOR mE STATE OF MONTANA /t4V .......7 fY":"T ~,. i:\ Residing at POZifl-1ArJ H:L, .~ g.of'\,' ..:}olto; My Commission expires S-- /I 0 ~ :~ t/I~. ~" ...- .c, d'~', 74{VJ.O"- '~OJ., , ~"vr~ ~ . \'t.k~~' CITY OF BOZEMA by its City Manager ~ " A~~;I ~~ Clerk of the City Commission STATE OF MONT ANA } } ss, Gallatin County } On this ~ day of MOl Ch , 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 ofthe City Commission, and known to me to be the persons whose names are subscribed to within this instrument and acknowledged to me that they executed the same. C:lc&h\95\95180,-<,tlice\cn.mnt IJJ!ll1 J j t R~id~~::m-IC FORdlLl~TM~.~~F.~M~ONNATAA~NA My commission 'fj;[!l 1 0 . ztiJtitfIr' ~ In itness whereof, I have hereunto set my hand and affixed my seal on the day and year first ",,\~~"'- , wr tten above. . 4" ..' /~ ~ It L 1~ - ....<.'.. \,'i9~:iQf)."',; ~t ....".. :.t: 'I~\f;""c ",,~. .'. . .It_."../.,.'., .\.'. \" .' 'W' . ~ ...,t'.;..n,..:.... ..' !~,) - ..S....' 4._ . -~ltj, -. ~ \ ~"" .- . OJ . :-.Jr.. t~/," . ". ';\ ^, 1I' ~ L -0'" :.:t- \. -1.1" ' ....~ .'. IlJ- bfl\~'} , .'. - . . ... .. . fll~ t74,):,Ct191~} EXHIBIT A NEW SEWER AND WATER MAIN EASEMENT A 30_00 foot wide easement for sanitary sewer and water main purposes over, under and aeross the f(}lIowing described property: Lot 12, BRIDGER CREEK SUBDIVISION, PHASE I, according to the plat thereot~ on file and ofrecord in the office of the Clerk and Recorder, Gallatin County, Montana, and located in Section 31, Township 1 South, Range 6 East of P.M.M. The Center line of said easement is described as fl.)lIows: Commencing at the southwest comer of said Lot 12; thence N07"55'11 "W, assumed bearing, 66.19 feet along the west line of said I "ot 12 to the point of beginning of the center line to be described; thence N35056'56"E 14.43 feet; thence N79025'27"E 181.60 feet; thence N40"41'51"E 15.17 feet; thence S49018'1 0"EI56.54 feet; thence N74"47'29"E 84.58 feet; thence S27"39'33"E 4.36 feet to the southeasterly line of said Lot 12 and there terminating. The side lines of said 30.00 foot wide easement are to be prolonged or shortened to end at the west line of said Lot 12, and the southeasterly line of said Lot 12. SHEET I OF 2 nu~ li4,'?,tf 1921 S6" ),," (j N" Yew Sew and Water Main8 ~EENSCONDO IUMS IRIDGER CREEK S IVISION, PHASE 1 :!1, T. 1 S., R. 6 E., 0 .M.M. County, Montana 40 I I 12 Scale In o ~ o Scale In Feet ~s 40 ~ 12 SI..Q G.N, Q6 Meters . . ." .' 'p'" .......,.. . - H A S;f l' / .... , ?;: ~. "'~~ OJ- ~ '<O~ :;:01'" ~<Oo ~o (fl '-' ~o:t <Q\.oG, .\ )} \'!.1l.:_-~~><~/'--" . \ /" ." ...'" \ SE Cor, \-0\ 12 I BRIDGER CREEK sueOIVlSlON PH,<.SE 1 T - - l -- ----- I -1 -~ - :'\ -" I '.. .. - 55 -.. .. -'V~) AREA OF EASEMENT 13,494 SO FT 03098 ACRE 1 =53,6 SO METERS #95180E2 ') ., r fJ . d'-td. b.t OFFICE OF COUNTY RECORDER) COUNTY OF GALLATIN ) AT 10:48 AM., AND WAS DULY RECOI{DEJ1 IN DOOK STATE OF MONTANA ) OF MISCELLANEOUS RECORDS, PAGE Fec $ 36.00 eRG .6IJ.I., 4.4*"1 RECORDER. BY ~~ RT: CITY OF BOZEMAN ATTN: ROBIN TIllS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON THE 24 DA Y OF JUNE , A.D., 19 97 174 1916 DEPUTY nl M 17 4)/i'~t 1~j20 ,/>,o 10-Q'l-, ",-0 \~ 10'0'l- \'2 \'0'0, , '\ '\ ~'\ '\ '\ '\ I 's \ II '\ I I , 's <: , '\ \' I !l;>,' I ~ / .... I "'.. .... .... ~.. .... .... .... .... .... .... .... .... ..~ -;,">~/ ...,~ / ~"I if.,'" / ~I / ,I ~o.br ~\..oG. BRIDGER I '_ I- , \ '. I '{}. " I \' ~,,-')I 'c~_'> I I I \ ElI.IIl!7Mnt for BRliJGERG OVl!r a portion of Lott 2, located in sectiofl.. GaUatiT Sl.o G.~ . . -i. C'( uj- rJ SLOG NO.3 .--. (/)", 0,-"", d.'d'Z!, ~::~ -'"", to'll 8 - '-T J-r'C\ 'I I" i' 11'1 .,1 i, ;1,. T" . I / / / I / :, sw' cor.--lot 12 ", ;' ..... 8RIoG~ ~EEK SUBOIVlSIW', '_ PH~SE 1 6za' G..y q<? / / .,..... , , , "- o. ~ 0' Q)..9 Sheet ,g of ,g OJ> ",Tr..JT ENGINEERING AND 'V.Jl:J.l SURVEYING INC. · ctril &II1AeerIJv · struotural ~Htbv · Land ~1bv 614 'Jest Lamme street .06 587-1115 Bozeman Montana 59715 Fax: -tOO 587-9768 .... .... ..... ...... ...... ..... .... ...~ ... .... ..... ..