HomeMy WebLinkAbout97- Chang Sewer and Water Pipeline Easement and Agreement
SEWER AND .wATER
PIPELINE AND ACCESS EASEMENT AND AGREEMENT
fl'M 1'"', ~ j"~~.11'-12
It. , I,....) . "v. r.;)
Bin Chang and Susan Chang, of 603 Emily Drivc, Bozeman, Montana, the GRANTOR(S), in
consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is
acknowledged, grant 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 peqJctual casement
to lay, construct and maintain s..e.w.e.r and w.atcr.pipelines with the usual services, valvcs, cOlmections,
accessories and appurtenances for the purpose of transmitting domestic water and sanitary sewer in,
through, and across a strip ofland situated in Gallatin County, Montana, a variable width water line
and sanitary sewer line easement, through, and across a strip ofIand situated in the City of Bozeman
forty-two (42-) feet wide to be located on the following described real property:
A portion of land in Tract A ofCeliificate of Survey No. 573, situated in the SW1I4
of Section 13, T.2S., R.SE., r.M.M., City of Bozeman, Gallatin County, Montana.
The easement is more particularly described on the attached 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:
(l) 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 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 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:
f" /II t'-'Q;)l "f'41k ')
t L I I i '..J ,i i1 V t ...;.. f.J
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said domestic water and sanitary sewer
pipeline, 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 o[the topsoil, whichever is less, and stockpile
said topsoil 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 the GRANTEE.
(2) At no time will they modify the finished grade of the land over the pipeline by removal of
existing soil or by placemen 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 ofthe 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
L'v1..J'Vv--,
Susan Chang
~ ~t
~ 13 I J (\-l/ltJc<1
~ IF\~ Cy '2; A-f( Of n '()
filM 178rAn41~4
Thc 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~~p this Z 'I day of
l/,"'~ //
"-7 0
L/'
._ ~ t.' j ""
~,~' .....,
/'('j g I i: <, '., '
.. ~ ~<'Q~~f...1t?,~'~ONT ANA
-' (J '! "'. ...~., -fJ ~ .
I.:f(ra g"'~ AT~N '~OUNTY ss )
, I ~'~ ".' J. '
\~.~., ",' ,J.~:;j'~'()~ ~~s 2'1 day of 4()12.1' I , 1997, before mc, a Notary Public in and for
, ;hl'fSt~te..~Montana, personally appeared "Bin Chang and Susan Chang, husband & wifc", known
" .~.~OO6't'O be the persons whose names are subscribed to within this instmment, and acknowlcdged
to me that they did execute the same.
\"
(:
Bin Challg
,1997.
)
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year
first above written.
NO
Residing at
My Commission expires
;/{ /78
I .
SEAL
ACCEPTED:
,,"/
CI~Z~~-
by its Acti ng Ci ty Manager
r;;:: ;/ ~
Clerk of the City Commission
STATE OF MONTANA )
: ss
GALLATIN COUNTY )
On this .j,,'-/'I day of 7)l(i.(J.-- , 1997, before me, a Notary Public for the State
of Montana, personally appeared RonJd F. Brey and Robin L. Sullivan, known to me to be the
Acting City Manager and Clerk of the City Commission known to me to be the persons whose
names arc 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
~ritt,~,~.~~re. '//
~ \ ,." l tJ ':" c~/1 ~, ..
, .." ,~~..~ .:i<7C ",/ ,/ t '-' '---"'"""
/ ~, p' 1\ .PUBI:J~OR THES~ATE OF MONTANA
\ :i R~s~ma at ',' ' ~:?,,:Jf;,'/l(-,;" ,- " <-/ _
'. ~y ~,',l1ll1t.l, -ssi,6~ e,!pires /;~' - /.)' --:7' 7
'. ~ 0;_ t""''' , ~ :'
"'~~~ *""~'.l'~ ...
"
3
filM 178 ?An41~5
roWER OF ATTORNEY
fll~ 167rACf4J24
,.
KNOWN ALL .MEN BY TIIESE PRESENTS:
That I, SUSAN CHANG, do hereby appoint BIN CHANG
my atlOO1CY, for me in my lWIlC 10 do the following acts;
To enkr into aBd -execute any and aU agreernen~.
docmnentation, plats. , bids. proposals, COIltral:tS..
of any type or natUre. involved with that real prcpcrty.
known as University Apanmtnts. in the City of Bozeman,
Gallatin County, Montana, delicriOed as Tract A of
Certificate of Survey ~73locaw1 in dle WI/2 of the
NWll4SWII4 ofscction 13. Township 2 South, Range 5
East., P ,M.M. City of Bozeman. Gal1arin Count), M0J1lana.
coniisting ofapproximattly 3.558 acres.
That in addition, I hereby give and grant unto B:[N CHANG
full power and authority to do any acts necessary to perform the powers
h<<eWabove given, and I hereby nti(y and affirm all acts that BIN C HANG shall do
by virtue of the executioD. of this Power of AUorney,
That this power of Attorney and the powers ne! ein granted and
~shall remain in full force ami effect. unaltered and unrestricted until ail legal
~tions related to the above mcutio~d real property are complecd.
_. ,d, IN '6f'P ~HEREOf, I have 'er...no ,~ my ....d ~d
... _tbis~~ dayoC ' . 19%,
C ;fJ1
............../J~...AO() l:'-JCa.<).f
SUSAN cHANG (/
" .
srIJE. OF MONT ANA
CwDty or GAlI&tin
)
>>
)
On this ::11_ day of ~ 1996, b<:fo~ me, A Notary Public for the
Sutc ofMMt.ana, pd>Onally appeared SUSAN C&i'lG, fnQWTl to me to be UIIl person whoile
.., iJ JUbtcribed to the within Power of Anorney .00 aclalowiooged to me th II she subscribed
tilD auw:. -
IN WITNESS WHEREOF, I hAve hero:untO set my han(. and Ilffix.:d my
the dJy and. y..r tlm abow written,
...:.r.'" .
,..:.'
.~.\.. ,:J,t .~t' "
.'tr.:"""'" ,
:y,.: "t' \".,,/ ,..., '
11':"",' ".,..~
<&oIM,",I,' ' """'l'",, ..
.-,\P-' ~\:.;"," .;.).t':.
!fr' " ..}
~...(,-." ,..:.....(
~ ililVl h \ b ' ~UA.(( ill<,~
NotlU)' Public foclhe St.\lu; of ~D ,atn;l
My Coml1lis&ion Expires ~L
",~~ ,.'
..' '
I 333877
$tatl uf Mont.. CiJwlly of G1!lIalln. " Aled lor NlGCrd ilrTC l1F:R 7R
!t _~M a1Jod f'\lccr~,llln 9otk...l.il- Cl'0wE:? 0: ~~i"f
~ :.r ~. Jr.. V'aJ/') :'T'r,l , .' :;
l'~fl $6.00 1'D
RTI BIN CHANG
693 NO. 22ND AVE
BOZEMAN, MT 59715
, 1l1-9.ti-
ll;!..~J i..U.L
...,
1I.,,~"'1II...,l._--: ",01<+ ,-':$ ~l:st ~D,; 10 ~
t/t'd
~~
2~ '
~~
l
~
o
i
.. '
EXHIBIT
"A"
ffL~ 178 ?:,GE41~6
A WATER LINE AND SANITARY SEWER LINE EASEMENT TO THE CITY OF
BOZEMAN SITUATED IN A PORTION OF TRACT "A" OF CERTIFICATE OF
SURVEY No. 573. LOGA TED IN THE SW1/4 OF SECTION 13. T.2S., R.5E..
P.M,M., GALLATIN COUNTY, MONTANA
POINT OF
BEGINNING
"'
".,
I
00
:':
NE CORNER OF
TRACT A OF
C.O,S, No, 573
,... !-/...
N OO'32'21~ C'///:::::J _ L2
52, 03' -------tt,:;;::/::?<>~(~~71~;
/' <// /.// / ",/~ / /:/j;;J/;/,
" .../ ' //:::>:/ /1
5 89'57'46" W~/;;::;
76,39' L~i3 t~!~d
n t~f@
~ t~J1
;t t~~;1
w J;~~{,',1
~ I/:~~<'j
~:I;~
f'I ,://,/. 10
0, t 10
01/ /, LO
Z 1;;:%1
.0%<j
I?:/@I
L1~W<1
", <//;/;;:,
L 11' '%;;~1
L1 0 18:;:/~1
n::;:;:%
u: 1,0 .<::-1 3=
C'4 I//:::;:'/~" ,]
<2:'.. ~::;;;;:x ;.
"- I/'/>//I!'l
~ w:/~'W:':I g)
· 1;//./> 0'
(:) '<t //// '/
3; !'ll 0_~:':1 0
~ (}) /,//. -~ UJ
~ f'lI<;:~'>//1
o ::;;;::/'
N 90'O~;~~~~"~' ~~I
' / :/
TRACT 8 I?::;~%
- - --- .,~-t -- LL8-~ - - ~- ;:;?/:'o/0" ~)~,;;: ~, /~, ~1,
,: -~2~/~ /~.
T L7 ~,[",',0~~<,;:J,.,J
[XI")1"'" P[fW[1UA~~A~E"[f.lf':- -- 4 T'%0///
AN" R/W FOR ';^"ITAR"( ':eIWR L5 r":- :-'i>>;'//",
^,', PFR THe ""'F<AWlN riA' C3 v ////
of r~:I.AINGro~1 1\[)ITlON ...' %,..~/
TRACT 7 L4 ?;:;:~; ~ %1
^ - 45'32'01" <<;,<;::~~>/"
I...> - ,<:?::::::::::;; /
R = 71.66' -<//>0~~
L = 56.95' 1.:.// 'U~
,OT 5
-<
"-
~
""
is
q
"
WT 2
N 89'38'34" W
43.5"
" ",<1'-
c,<',pS'
~'I'>1--
<,,0
*~c,
p
...J
"-
Q,
...J
"-
"-
<" '?> <>",,;
<,~~c, .,.0'
'0'
0'
c"
---------- Ii -
KAGY
o ~ 50
100
200
I
GRAPHIC SCALE
I" ~ 100'
~
~
Lot ,24
P/L
Lot 23
,ot 22
Scole: 1" = 100'
Lot 21
<
a.
UNE TABLE
LINE DIRECTION 015T ANCE
L1 S 00'32 21 W 22.03
L2 5 89"57 it> t 91.36'
"~L'" N 34'3047 W 7.00
L5 S 27'1328 E 7_00
L6 N 00'29 3... E 20,31-
Ll N 90'00 00 W 63.69
La N 00'2514 E 14,60
L9 N 00'32 21 E 15,20
Ll0 N 89'30 26 W 7,00'
Lll N 00'29 3... E 10,00
L12 5 89'30 26 E 7,00
L13 N 69'5746 W 7,00
La N 00'29 31- E 12,01
CURVE TABLE
CURvE RAOIUS LEND TH OELT A
Ct 29,00 37.97 75'001-2
C2 29,66 26.61 51'2353
C3 78.88 10,01 07'1719"
C4 71,66 15.92 12'43 44
Lol 20
"""c' ".,1'!>
\" ,",0'
c,o.<;'
Lot 19
-<
"-
6
Vl
'S:
@
::::>
1/)
f:::,. =" 75'00'42"
R = 71.00'
L = 92.95'
P/L
~
f_
h
~
Q)
BASIS OF BEARING
CERTIFICATE OF SURVEY No. 573
Lot 11
AREA
EASEMENT AREA: 0.799 ACRES
I~ AREA OF NEW EASEMENT
OVER
)I )
BOULEVARD
-- <t.----,--
APRIL 24, 1997
94-525H,dwg