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Home My WebLink About99- Carkeek, Yellowstone Realty Sewer and Water Pipeline and Easement and Agreement ~' ,~\.. " " 111111111111111 Shelley Vance-Gallatin Co MT MISC 111201'6254 Palle: 1 of 7 07/12/2000 11 :29~ 42,00 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT RA YMOND G. CARKEEK, of YELLOWSTONE REALTY & DEVELOPMENT, INC., the GRANTOR, in consideration of One Dollar ($1.00) and other good and valuablc 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 water and sewer service in, through, and across a strip of land situated in Gallatin County, Montana, approximately forty-five (45) feet wide to be located on the following described real property: A portion of Lot 30 of Bridger Creek Subdivision Phase 1 in Section 31, Township 1 South, Range 6 East, P.M.M., City of Bozeman, Gallatin Coutny, Montana. The easement is morc particularly described on the attached Exhibits "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 in order to survey and establish the route and location of the easement and the pipelines and to: (I) Construct, operate, patrol, repair, substitute, remove, enlarge, replaec, and maintain the pipelines, services, connections, accessories and appurtenances; (2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the boundaries of the casement 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 casement and cxtcnd 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 pipelines across ravines and water courses with structures whieh GRANTEE deems necessary. 1111111111111111111111 ~~,~;~~~~, THE GRANTEE AGREES: Shelley Vance-Gallatin Co MT MISC 42,00 (I) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewcr and water pipelines, it will rcpair or replace, at its sole expense, or pay to GRANTOR the reasonablc value of any damages to growing crops, existing fences, ditches and other appurtenances of said land that may be disturbcd 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 [ull depth ofthe topsoil, whichever is less, and stockpile said top soil for replacement over the trench. It will remove [rom 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. THE GRANTOR AGREES: (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 o[ 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 pri vate 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 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. (5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants and provisions of this 2 11111111111111111111 II ~~2~~~~i~1, Shelley Vanoe-Gallatln Co MT MISC 42,00 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 I day of 0 ,;;.-1<::> be f!., , , 1919 ''j~(rJL'XLl ~iUL-b / RANTOR STATE OF MONTANA ) ) ss. County of Gallatin ) On this L day of ~be.L , 19'19, before me the undersigned, a Notary Public for the State of Montana, personally appeared, ~ q. c1v..w , known to me to be the ~,,})\i\vJ: of -IJ"~ ~ g..~ 'n, and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of f!/lI1'i~ rAliq t J}~/JIt.. IN WITNESS WHEREOf, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. \\\\\\;~I ':.'; J<BR\\f lEE :/""; ~,\~.l...J,{'l.~"",)... ,'.j.'ir,1 ........... ~<,~~~~-:~: . . ,: ,,,.' ~: ~1:'5;;-:'~;, :. c-:;:' '\~. 0 1 A 1\ f "'I ( . " J;;:, '~_ ~i* :', S' T~' :\ l :: ,':'. ,,~ - (fJ,,' .. L-I ~ ...'j " <, <' J-:.;;~y,~, '. . . , . . . . : '..:<'(~~~::::;' //;; 12' () F t/\ (y.:' <", / II \ \ \ '1111 1\ \' \ /_1.,~;.;-; /u/7M N~ary Public for thtlState of Montana Residing in Bozeman, Montana My Commission Expires ~ ~2'lX'~ ACCEPTED: \ +=-'_\ '" .,,'--c-,=~_, "~\~ CITY OF BOZEMAN by its Ci ty Manager ATTEST: Cl~: / ~v~~, Clerk of the City Commission STATE OF MONTANA ) ) ss. County of Gallatin ) On this /':/'1> day of '11 ~ to me to be the City Manager and Clerk of the City Commission for the City of Bozeman and the 3 1111111111111111111111 ~~;~;~~;~!, Shelley Vance-Gallatin Co MT MISC 42,00 persons whose names are subscribed to the within instrument, and acknowledged to me that thcy 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 year first above written. ,". ", '. . ."i' l.t>. '. : "/- ,.-oj. ... \ ~EA~ . d~~ r, - ~ otary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires: j ,/,r -0 ;. H:\ 1584\007\Docs\swpipaccess, wpu 4 1111111111111111111111 ~~j~:2;~~, Sh.ll.y Vanc.-Gallatln Co MT MISC 42,00 EXHIBIT "A" A portion of Lot 30, Bridger Creek Subdivision Phase located in Section 31, Township I South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, more particularly described as follows: PARCEL 1 A variable width sewer and water pipeline and access easement, the boundary of which is more particularly described as follows: Commencing at the West comer of Lot 30, Thence South 40034'20" East, a distance of 152.16 feet along the northerly right-of-way of Boylan Road, which is the Point of Beginning and the west boundary of the public utility and access easement; The following fourteen (14) courses provide a boundary for the public utility and access casement: (1) Thence leaving said northerly right-of-way line, North 40027'15" East, a distance of 103.60 feet, to a point of curvature to the right; (2) Thence along a tangent curve to the right, having a radius of 70.50 feet, an arc length of 80.06 feet, and a central angle 01'65003'52" to a point of tangency; (3) Thence South 74028'53" East, a distance of 39.31 feet, to a point of curvature to the right; (4) Thence along a tangent curve to the right, having a radius of70.50 feet, an arc length of 115.57 feet, and a central angle of93055'1 5" to a point of curvature to the right; (5) Thence along a tangent curve to the right, having a radius of 70.50 feet, an arc length of 21.30 feet, and a central angle of 17018'26" to a point of tangency; (6) Thence South 36044'48" West, a distance of 111.08 feet, to the northerly right-of-way line of Boylan Drive and to a point on a non-tangent curve to the right; (7) Thence along the northerly right-of-way line of Boylan Road and non-tangent curve to the right that has a radius 01'261.86 feet, an arc length 01'44.75 feet, and a central angle of 09047'28" and a tangent bearing of North 68015'28" West; (8) Thence leaving said northerly right-of-way line of Boylml Road, North 36044'48" East, a distance of 118.93 feet; (9) Thence North 23054'40" East, a distance of 11.77 feet; 1111111111111111111111 Shelley Vanc.-Gallatin Co MT MISC 42,00 2016254 Pa".: 7 of 7 07/12/2000 11 :29A EXHIBIT "B " Sewer and Water Pipeline and Access Easement Across a portion of Lot 30, Bridger Creek Subdivision Phase 1 Located in Section 31, T1 S, R6E, P.M.M. City of Bozeman, Gallatin County, Montana. ENGINEER MORRISON MAIERLE, INC. P.O.BOX 1113 BOZEMAN, MT 59771 BASIS OF BEARING SOUTH WEST BOUNDARY OF BRIDGER CREEK SUBDIVISION PHASE 1, BEING S 35'57'40" E A DISTANCE OF 950.38' $ TYPICItL UnL/TY PLItCENENT ~ 'lMlDt NG ... :!!JNa: ME. ,~-_.- _ ':tiq~~ ~......, lI1U1D...-.m ..... S1D.CUtI.Oi,iT1!It ~~~ lOfflSfsnnor!tlJ( "..y/" CI' _... ...... <r ,,','../ ...... r-"'~------1 u_1 ,.... E:_::.2j'((M,1;!J: POINT OF COMMENCEMENT WEST CORNER OF LOT 30 LINE AND CURVE TABLE L1 5 40"34'20' E L~152,16' L2 N 40"27'15' E L-103,60' L3 5 74'28'53' E L-39.31' L4 5 36'44'48' W L-ll1.0S' L5 N 36'44'48' E L~11S,93' L6 N 23'54'40' E L-11.77' L7 N 26'24'40' W L-34.29' L8 N 80'15'06' W L-5S.32' L9 5 55'2S'21' W L-13.73' L10 5 40'27'15' W L~103.SS' L11 N 49'34'20' W L-44.00' C1 R-70,50' L-SO.06' C2 R_70.S0' L~11S,57' C3 R-70.50' L-21,JO' C4 R-261.86' L-44.7S' 1_\OO7\oeod\_t\El<HlllIm..... ..' .. 12.0' VICINITY MAP '---- LOT 30 --~J ---T ""'", ---- '~ ~~...........--~~ 0-65'03'52' 0-93'55'15' 0-1718'26' 0_9'47'2S' GRAPHIC SCALE 50 _ ?-f........Jl 100 ~~ I ( IN FEET ) 1 Inch = 100 fl 200 I AlMORRISON DD.J MAIERLE,INC.