The URL can be used to link to this page

Home My WebLink About97- Golf Course Partners Sewer and Water Pipeline Access Easement and Agreement (4) I - .. . . . . .. ntH 151 PACE 288 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Golf Course Partners Inc. , 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 sewage 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: A portion of a tract of land, COS 1353, Gallatin County, Montana as shown on attached Exhibits "A" and "B". The centerline is more particularly described on the attached Exhibit(s) A & 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, c!el:S~Y , 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 r~asonably necessary; and 1 : w .. .. " . . fltM 151PAGE 289 (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 Sp.WPY" 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: ( 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 sailor by placement of fill material within the boundaries of said' easement without the prior written consent bf the GRANTEE. ( 3) The' GRANTOR(S) warrant that they are lawfully seized and possessed of the real property described above, that they 2 r'.' . ,., . J tIIo' ..,: .... (IlM 151PACE 290 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 hereto. D ATE D t his f '-f 7~ day 0 f 111 (I" c ~ , 1 9 9 tf: tf2.l- fI}~?v~ . /:::~ Fn- C-~/-f' CP.u~'J ;7.,..1. j..-"c.- STATE OF MONTANA ) : ss. GALLATIN COUNTY ) On th is I Sf'- day 0 f ~ ' 19Q.{, be f ore me, a Notary P~ i~ a~d for the state of Montana, personally appeared ~ ' known to me to be the person whose name is subscribed to within this instrument and acknowledged to me that he did execute the same. In witness whereof, I 11ave hereunto set my hand and affixed my official se the day and year first above written. ~ \\I"ll\"IlW~TARY PUBLIC ,,:-\"'~\\\EI{~,~fMing at " ~ ....~. ,~~, ' , ':<, ~,";:1A, .;l..I<VWmlSSlon . .!'o ".....' "" · . ". ,,' ..... ~ i>-,Jjv" "'... \~' -', "~' ; '5', "EA" ..f "":BA~ i ,. .. ~ - i ,': . ~ ::;, ':. P-: ~ % ,~.," , "'::, J ACCEPTED: L~ % ..... / ....' /~ ~ "" / e..... ". .... " ......r -,. ':'. r \.'11" t, ' " ".",\ CITY OF BOZEMAN - by it 5 ACTING CITY MANAGER ~ ofc~~on STATE OF MONTANA ) : 5S. Gallatin county ) On this 20th day of ~UNE , 1994, before me, a Notary Public for the state of Montana, personally apI=eared RONALD F. BREY v~~""'E".==Wysu:e'k:i and Robin L. Su.livan, known to me to b2 the ACTINGCity Manl ger and Clerk of the Ci:y Commission known to ne to be the persc 115 whose names are subs';ribed to the foregoing inst~umel.t and acknowledged to ma that they executed th~ same. , y...A.Y 2;)1 ...itness whereof, I ha~e :ilerel~nto set my hand and affixed ,-\.\\m~c:sea\'.,(ln the day and year fll'S;: wrltten above. ,0 ~,~ fD_ ~~" ~ : ,CN,,'~, ,,' P J.,IC OR THE STATE OF MONTANA [~~\.h&;' "iJ at. BOZEMAN .;,;,~ycto~'~s:ion expires JITNF. 11 , 199,6 (. ........ A '" ~ o ' '\-\' F' HO 1/93 :3 . . ~ . . . # , . .. SEWER AND ACCESS EASEMENT DESCRIPTION 'ffl.M 151fAtE 291 A 30-foot wide tract of land In the NW 1/4, NE 1/4 and SE 1/4, Section 31, Township 1 Southl Range 6 East, P.M.M. , Gallatin County, Montana and being further described as follows: Commencing at the N 1/16 corner of the NW 1/4 of said Section 31 and the NW corner of C.O.S. 13531 filed in the Gallatin County Recorder1s Office; SEWER EASEMENT Thence along the west line of said C.O.S. 1353, S 02026'18" E a distance of 1270.70 feet to the True Point of Beginning for this easement, said easement being a sanitary sewer easement, 30 feet in width and centered on the following described line: Thence N 890 45'07" E a distance of 23.67 feet; Thence N 430 32'28" E a distance of 139.17 feet; Thence N 840 49/36" E a distance of 277.46 feet; Thence S 310 04'55" E a distance of 220.95 feet; Thence S 730 02/13" E a distance of 231.84 feet; Thence S 730 40'51" E a distance of 259.59 feetl to a point hereinafter described as Point "A" Thence S 140 21'32" E a distance of 130.77 feet; Thence S 240 27/28" E a distance of 794.64 feet; Thence S 340 51/51" E a distance of 345.65 feet; Thence S 590 47/47" E a distance of 332.86 feet; The side lines of said easement being shortened or lengthened as required to begin on the West line of said C.O.S. 1353; Said tract containing 1.89 acresl more or less. ACCESS EASEMENT Said easement being an easement for ingress and egress appurtenant to the Sewer Easement, 30 feet in width and centered on the following described line: Beginning at said Point "A" ; Thence N 800 36'05" E a distance of 1169.00 feet to the 40-foot right-of-way for McIlhattan Road. The Grantor reserves the right to move 1 realign or relocate said access easement as required provided that the Grantee shall in no way be inconvenienced or encumbered with the expense to move 1 realign or relocate said access easement. Said tract contains 0.81 acres, more or less. d: \216S\COS13S3 march 24, 1994 . . . . .. . ,... . ~ . ... .. SEWER EASEMENT N Vl6 - NW V4 COR. NW Y4,NE Y4 8 SEV4,SEC.3I, T.IS.,R,6E.,P.M,M, SEC, 31 GALLATIN COUNTY, MT, ._d filM 151 PACf 292 4J ~ % Q)' ,-- <:;) ~ 1l:I"- <\I. -:s:- I) C:l S8404S'36"E "V...... <\1"- ...... C:l~ 277, 46' <SI "V-;t.. (f) -~-- --- ~ ~ r---~N~ "? P.O.B. ~ ~~.; ~ "\ \C '-" ' '\: "'_ .,. II 9.00 N8904107"E 'VS7300ZI3"E,231.84' 80036'05 E ~ ~~ 23. 67 -b N -------=::::== ~ ::::--. -= =- ---.:: "::--. -::- ~ S 73 040 'S/"E, 25~ ~ =c =-:- --..:: --=:: -== ;::::33 =-- 30 ROA 0 E 5 M T. p~r5 1402/32"E, 130.77' ~~ TR. GL3 ~~- C,O.$.1221 ~~~ ~~ ~ ~- 5~f. ~ t:~ t: C.0.5.1353 0' 5 t:'1I ~\' G \~~"'. ~~ BRIDGER SCALE" 1":300' ~ "'--~ CREEK ~s~o DRIVE ~ ,j>,j>";',.>, :::--,.S a ?,.>-- "'""~' ~ .~ '"" - EXHIBIT B DATE.- 1-10 - 94 ,J08 NO. 2089.002 PREPARED BY'- J Morriso'YCSS~ Maierle ,oc. ENGINEERS PLANNERS S l) F1V E"1'OI1S 300543- THIS INSTRUMENT WAS FILED rOR HECOIU) IN THIS OFFICE ON THE 27th DAY OF January , 1\*., 1!J 95 OFFICE OF COUNTY RECORDER) .~-- COUNTY OF GALLATIN ) AT 8: 28 A. M., AND W AS DULY RECORDED IN BOOK 151 STATE OF MONTANA ) OF MISCELLANEOUS RECORDS, PAGE 288 Fee $ 30.00 Shellar I. Q.., RECORDER. BY b, i1fl-',jJ9.wt./L4<- DEPUTY Rt: City of Bozeman PO Box 640 Bozeman MT 59771-0640