HomeMy WebLinkAbout96- Daines Sewer and Water Pipeline Easement and Agreement
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
CLAIR W. DAINES AND SHARON DAINES of BOZEMAN. MONTANA, 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,
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 SEWER AND WATER in, through, and
across a strip of land situated in Gallatin County, Montana, to
be located on the following described real property:
A portion of Lot 2 (2 Acre) of GUY'S Second Addition. as
shown on a subdivision entitled: The First Amended Subdivision
Plat of a Retracement of Lots 1, 2, 3, and 4 of Block 1 of
Sprinqdell Addition. Lot 2 (2 Acre) of Guv's Second Addition. An
Existinq Unplatted Tract, and A Portion of the Abandoned C.M.St.P
& P. R/R riqht-of-way, located in the southwest Quarter of
section 7 and the Northwest Quarter of Section 18, Township 2
South, Ranqe 6 East. Principal Meridian Montana, City of Bozeman
and recorded with the Gallatin County Clerk and Recorder's Office
as plat J-155.
The easement is more particularly described on the attached
Exhibit(s) 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(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
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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:
(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 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 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:
2
(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) 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 of this easement and
agreement shall extend to and be binding upon the heirs,
executors, administrators, personal representatives, successors
and assigns of the parties
DATED this
b day
STATE OF MONTANA
ss.
GALLATIN COUNTY
~+~ ^ ~
On this -' day of "P':--'-- , 1996, before me, a
Notary Public in and for the State of Montana, personally
appeared Clair W. Daines and Sharon Daines, known to me to be the
persons whose names are subscribed to within this instrument and
acknowledged to me that they did execute the same.
In witness whereof, I have hereunto set my hand and affixed
my official seal the day and year first above written.
,~-.
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FOR THE STATE OF MONTANA
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expire d - 6-- (~ c:~
,
NOTARY PU Ie
Residing at
My commission
SEAL
3
ACCEPTED:
AT~ J LP~
Cl of the city Commission
STATE OF MONTANA
ss.
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Y OF BOZEMAN
its
-Cl~,
Gallatin County )
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On this I J day of , 19.7y, before me,
a Notary Public for the Stat f Montana, personally appeared
James E. Wysocki and Robin Sullivan, known to me to be the
city Manager and Clerk of t e City Commission known to me to be
the persons whose names are subscribed to the foregoing
instrument and acknowledged to me that they executed the same.
r-witness whereof, r have hereunto set my hand and affixed
my on the y and year first written above.
{.- .
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OF MONTANA
SEAL
4
EXHIBIT A
UTILITY EASEMENT DESCRIPTION
Commencing at the Northwest corner of said Lot 2; thence South
00000'19" West, a distance of 167.27 feet, to the Point of
Beginning. Thence South 89059'41" East, a distance of 72.34 feet;
thence North 20057'43" East, a distance of 140.65 feet; thence
North 65008'17" East, a distance of 74.78 feet to a point on the
East line of said Lot 2; thence south 00009'05" West, along the
East line of said Lot 2; a distance of 33.10 feet; thence South
65008'17" West, a distance of 48.61 feet; thence South 20057'43"
West, a distance of 103.71 feet; thence South 69002'17" East, a
distance of 8.20 feet; thence South 20057'43" West a distance of
22.78 feet; thence South 69002'17" East, a distance of 10.30 feet;
thence South 20057 '43" West, a distance of 31. 60 feet; thence North
89059'41" West, a distance of 107.04 feet; thence North 00000'19"
East, a distance of 45.00 feet along the West line of said Lot 2 to
the Point of Beginning. As shown on Exhibit B.
containing 10,866 square feet more or less.
EXHIBIT B
LOT 2, GUY'S SECOND ADDITION
(2 ACRES)
N 89"21'160 E 190,53'
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LINE TABLE
Line Beo.ring Disi;o.nce
U S 89"18'410 'v./ 51.81'
L2 S 89"32'520 'W 137,55'
L3 S 89"32'520 'W 6,50'
L4 S 89"59'410 E 72,34'
L5 N 20"57'430 E 140,65'
L6 N 65"08'170 E 74.78'
L7 S 00"09'050 'W 33.10'
L8 S 65"08'170 'v./ 48.61'
L9 S 20"57'430 'v./ 103.71'
UO S 69"02'170 E 8.20'
Ul S 20"57'430 'v./ 22.78'
U2 S 69"02'170 E 10,30'
U3 S 20"57' 43u 'v./ 31.60'
U4 N 89"59'41 u 'v./ 107.04'
U5 N 00"00'190 E 45,00'
U6 N 72"02'310 'v./ 5,92'
U7 N 41"19'140 'W 93,95'
U8 N 82"26'230 'v./ 3,33'
U9 N 00"09'050 E 347,63'
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o 30' 60' 90' 120'
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LEGEND
PROPERTY BOUNDARY
- - - - - - EASEMENT LINE
--- - --- CENTERLINE FOOT PATH
POINT OF BEGINNING
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CURVE TABLE
NO. RADIUS DELTA ARC TANGENT CHORD CHORD BEARING
(1) 19,00' 72"11'360 23.94' 13,85' 22.39' N 35"56'430 'v./
(2) 19,00' 31 "19'520 10.39' 5,33' 10.26' N 56"22'350 'v./
(3) 10,00' 41 "43' 450 7.28' 3,81' 7.12' N 61"34'310 'W
(4) 9,00' 81 "4 7'380 12,85' 7,80' 11.78' N 41"32'340 'v./
B9417-EB.D'v./G