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HomeMy WebLinkAbout97- Greenway Homeowner's Assoc. Sewer Pipeline Easement and Agreement ...... " HlM 178 PACE 3325 SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT GREENWAY HOMEOWNER'S ASSOCIATION, of 901 TECHNOLOGY BLVD, SUITE #2. BOZEMAN. MONTANA, the GRANTORS, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants 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 pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewer in, through, and across a strip of land situated in Gallatin County, Montana, thirty ( 30.00 ) feet wide to be located on the following described real property: A tract of land being shown as a Common Area in Greenway SUbdivision. Said tract being located in the Northwest Quarter of section llr Township 2 South, Range 5 East. P.M.M. . City of Bozeman, Gallatin County. Montana. The easement is more particularly described on the attached Exhibits 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, 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 ." FILM 178 PACE3326 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 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 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 GRANTORS 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 soil or by placement of fill material within the boundaries of said easement without the prior written consent of the GRANTEE. 2 . , , fiLM 178 PACEJJ2? -I' " (3) The GRANTORS 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 GRANTORS. 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. DATED this J')~ day of ~' 1997. GRANTOR: B .." .' ..' . " '- Greenway Homeowner's Micha E. otter, Presldent Association STATE OF MONTANA ) ) ss. COUNTY OF GALLATIN ) On this I 'J day of , 1997, before me the undersigned, a Notary Publ State of Montana, personally appeared known to me to be the President of GREENWAY HOMEOWNER'S ASSOCIATION, 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 GREENWAY HOMEOWNER'S ASSOCIATION. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. '\;'~"i::;'." ,uu"" .f;"';'!~f~~,' ,'. ".~~ ',~ ."~~r~,~...1I.."".'i;~j,,.,'" ,,: \ TH~'''''''' ". . . ......) ...' . i "" ~.~:.......", ;.0 ". "'~ ! ~/~1"RfAl.""'d(,\ :: ~ ",It':~ '"'t'. "t, ".~/..~:,I - 0 .:.ti"," '., ,(iI., ." '" - 4' "I~:'"p~,' \ '.,':.' I,r,j,.;qt~~, . ,t" ';: ,-: ~.. ,..n ""."''''' \:''''''' . 'f I..''' : ~~ ~ ' EA :;:.;,. ! '::.' '.S . . "".-~. ",;-, ., . "", .. ,~ I' I " fII~".. .' .."a,;",c.'. _ ~ "".. '.~,.. b1.r*".'.'.'~F"'."",,, .. ,." b .. :,.. ",;{'~'8.,:,,:, .....,. ;:, ,,"":~ <<""~ti.. ..........~., ~ ,# '>-' " '"1'0 0''''- · ~/f'.~ 'OF "'.~,. ,It."" , ,."," ,III: ..,..4 ~ ~ . 3 . . . . ~' flL" 178 PAClJ328 ACCEPTED: ~~, - CITY OF BOZEMAN ~~f~~sion by its City Manaqer STATE OF MONTANA ) ) ss. COUNTY OF GALLATIN ) On this "oli _ day of ~~~ . 1997. before me the undersigned, a Notary Yub lC for the State of Montana, personally appeared Clark Johnson and Robin L, Sullivan, known to me to be the City Manager and Clerk of the city Commission for the city of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the city of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed ...,,,m~.arial Seal on the day and year first written above. . '-Ie:' to)} JN~ ~ .~~-. .I/~ 'v .- 4, "'t. -,I ' 't ' ","dO ') \ . {tf).;jh ~ ' . ..., ll~' ",,'.. 'i'lll '"'I ~.? '~t'li ~ 0 '~,\ i~-':~' '<' ~ -1'\ \.l ' .... ~ ,.f \. +\ ~~~~' of ',0..; , ,..a; '. ~,./' "- ~r,~}) '('.~ . ., 'I"" , ,'''~' " r 4 . . ~ . . ~ '_. EXHIBIT B ffLM 1 '78 PA~~~ SANITARY SEWER EASEMENT LOCATED IN THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA NORTH 1/4. CORNER SEC. 11 FD S ACAP 1 (f DOWN IN PAVEMENT I w g POINT PROPOSED N OF MANHOLE ~ BEGINNING S - HUNTERS ~ WAY FD 1 1 DISTUR 12.00' 12' UTILITY EASEMENT ~ ~ SO'38'01"W 56.94' 3.82' a:: .-) S00"38'O'"W 30.06' .. o _ Z'" S 10>;;;/ BLOCK 3 o ;;: N ~ ~ .w ~ ~ g ""l ~ ~ l~: '.:-/ ;= LOT 78 N;; 0 <neo ,,:'I . SION 5 ~ () ~ (f)~ S GRE.G\'N~'( S\J601'J\ LEGEN 0 (f) '(1) (1:)/' ~ l. V2" ACAP --1. ~ ~30.00' SYMBOL DESCRIPTlON WITNE SCORNER NOO'38'29"E 3006' n 45.01' . <0 ~ 90.79', NOO'38'29"E ~ SECTION CORNER '.(.rJ~L,oo'NS S\J80N\SION ~ QUARTER CORNER OSE.O (OR -, w PROP, ", ../ ACAP ALUMINUM CAP b n Z ",' BLOCK 2 n <0 0 f "I D C P N o::i Cl. " FOUN A A ~ ;; ~ Z . LOT 1 · EXCEPT AS NOTED co c:-.l ~ O. , z W 0. I " ."1 II SANITARY SEWER Cl (I), 'EASEMENT II I I (2745 SQUARE FEET) -JL_ f (f) l ~ ~~~ o I 1..;' /!f PROPOSED 0 MICHAEL t;.....".1- MANHOLE 0 S .. 0 50' 100' fi! ~ 0 GROVE } c; W <0 AVENUE I I 1 I I I I ~- t seA L E ~ BEARING BASIS: GREENWAY SUBDIVISION ~ B9702EB.DWG I -.s&H i THO lJAS , DEAN &: EOSiaNS L'K ! : E:NCINE:!:"'INC CONSu~T~-..rrs \ 0& i <;>>V<T f'AU.S-OOZl).l).M-K-'lJS?"....!. ~O;TAI<" ! I SPC;::.I.l-iE w~INGrCN 1 353950 TIIIS INSTRUI\IENT \VAS fILED FOn RECORD IN TIfIS OFFICE ON OFFICE OF COUNTY RECOnDEH) THE 10TH DAY OF NOVEMBER ._' A,j)" 19 97 COUNTY OF GALLATIN ) AT 1] :31 AM., AND WAS DULY HECOHDED IN DOOI\ -- STATE OF MONTANA), . ... J]~"~__ ~ n.... ",.,. _ cn MISCELLANEOUS HECOHDS, PAGE 3325 F t. E.t.l~ ' Vttrfi/f ee! 36.00 eHG RECORDER. BY ~ / ~ .. . ..., RT: CITY OF BOZEMAN . " J_ _ DI',PU I '1 ATTN: ROBIN SULLIVAN . . . . . . . , filM 178 PACf3329 I "'~ ~ ~ EXHIBIT A Commencing at the northeast comer of the Common Area located in the northwest comer of Greenway Subdivision; thence South 89032'30" West, along the north line of said Common Area, a distance of 12.00 feet; thence South 00038'01" West, along the west line of a 12.00 foot wide utility easement, a distance of 56.94 feet to the point of beginning; thence South 00 0 38' 0 1" West, along the west line of said 12.00 foot wide utility easement, a distance of 30.06 feet; thence North 85045'24" West, a distance of 91.49 feet; thence North 00038'29" East, along the west line of said Common Area, a distance of 30.06 feet; thence South 85045'24" East, a distance of 91.49 feet to the point of beginning. As shown on Exhibit B. Parcel contains 2,745 square feet, more or less.