HomeMy WebLinkAbout00- Messina Sewer and Water Pipeline Easement and Agreement
v'
'! ,\ r i ~-D .-211...~ 1
' """'~."""":'rr-4>
II
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
1111111111111111111111 ~~.~i1r:~,
Sh.ll.y V~no.-G~ll~tin Co MT MISC 36.00
Tracy W. Messina of 417 Concord Drive, Freeport, III 61032, the GRANTOR, in consideration of
Page 1 of 5
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 pipeline with the usual scrvices, connections, accessories
and appurtenances for the purpose of transmitting wastewater and water in, through, and across a
strip of land situated in Gallatin county, Montana, (30) feet wide to be located on the toll owing
described real property:
The casement is more particularly described on the attached Exhibits "A" and "B" which by
this reference arc 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 ur trails or otherwise by a route causing the least uamage ami inconvenience 10
the GRANTOR in order to survey and establish the route and location of the easement and the
pipelines 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 pipelines;
(3) Grade the land subject to this casement and extend the cuts and fills ofthis grading into and
on the land adjacent to that which is subject to this casement to the extent GRANTEE may
find reasonably necessary; and
(4) Support the pipelines across ravines and sewer and water courses with structures which
GRANTEE deems necessary.
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
1111111111111111111111 ~:!j1r:~~,
Sh.ll.y V~no.-G~ll.tin Co MT MIse 36.00
removing, enlarging, replacing, and maintaining of said sewer and water pipelines, it will
repair or replace, at its sole expense, or pay to GRANTOR 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 existcd prior to the beginning of operations except that the surface of
Page 2 of 5
backfilled areas may be moundcd sufficicntly to prevent the formation of depressions after
final scttlement has taken place.
(3) To lay, construct and maintain said pipelines in such manner as will not hinder or prevent the
proper cuitivation of the tract to which this right of way is hereby granted.
(4) To construct a gravel access road, 12 foot wide and level with thc surrounding area, along
said pipelines to the "L" and "T" shaped turnaround areas as detailed by Exhibit "B". Also
construct a 12 foot wide gravel road bctween the turnarounds and place 6 inches of topsoil on
the said gravel road level with the surrounding areas as detailed by Exhibit "B". Said road
will be used for maintenance and service ofthc pipelines.
THE GRANTOR AGREES:
(1) At no time will they build, construct, crect 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 pipelines by removal of
existing soil or by placement offill material within thc boundaries of said easement without
the prior written consent of the GRANTEE.
(3) The GRANTOR warrant that they are lawfully scized 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
1111111111111111111111111111111111111111111111111 ~~l1:8:~~:
Shelley Vano.-Gallatin eo MT MIse 36.00
without any intcrruption by the GRANTOR.
The terms, covenants and provisions of this easement and agreement shall extcnd to and be
binding upon the heirs, executors, administrators, personal rcpresentatives,successorsand assigns of
the parties hereto.
DATED this
Ol'b day of m::~rrt)
,2000.
STATE OF oJ Ce.~c~ ) )
y,-- )ss:
COUNTY OF~F~
On this :~ day of "-rrlAl/LLL , 2000, before mc, a Notary Public in and
for the State ofJi)"H,,_""~'\ , personally appeared Tracy W. Messina, known to me to be thc
person whose name is subscribed to within this instrument and acknowledged to me that he did
execute the sanle.
In witness whcreof, I have hercunto set my hand and affixed my official seal the day and year
fir~)bove written.
,. {J./I~~1l0L~"-~~,
Notary PubliS' for the State of ' c,uu..//
Residing at /1/r U~fJ..J
My Commission Ex ircs I d -D { - J ~
~ \.)y", I~" i111",-_~P---
Tracy W. Messina.. GRANTOR
Pagc 3 of 5
"I " 'T" ""
",
'"' \ P\ l. /)4"'",
''''''\...).'''.'''.'11" ~ ;"'~.
I,,' ,.' ~AJ,,, ". ~ 'l.
: ,,'7' .:"\\ I,JT'R 7l/.'A ....\ 0 \
" """' /"r, 0 '
{ ~,.SEA.I)~}
.~... tJI"..,... .p. , ..4" ,,."
'. <If!! ..... ,,,,,"
. J'(.' ......,... ,\~"
. 0, MO"''i~'' "
If. . \~
. ~,; ;,,~ ~ t ~'-l: ; ,.'
,'~'. SEAL.,,, ..."" AJ"".NvVONV,,,,^-,
OFFiCIAL SEAL ,
ROXANA GRONEWOLD~
'.
'J'lI"":'.'" i'UBLiC, STATt' OF ILlINOIS~'
',. '''~~.' EXPIRES: 12/01102 ~,
, ., "-"JI\",,:.;J
ACCEPTED:
~~~~-- ------
CITY OF BOZEMAN
By its Ci ty Manaqer
~y~~/
Clerk of the City Commission
STATE OF MONTANA )
)ss:
Gallatin County )
On this I q ""'-- day of ~Af....L ,2000, before me, a Notary Publictor
the State of Montana, personally appearcd City Manager, Clark V. Johnson and Robin 1. Sullivan,
known to mc to be the City Manager and Clerk of the city Commission known to me to bc the
persons whose names arc subscribed to the foregoing instrumcnt and acknowledged to me that they
executed thc same.
In witness whereof, I have hereunto set my hand and affixed my scal on the day and year first
written abovc,
Not: ~ Publj.ewlJhc State of Montana
Resldmg, t ~~~
My Commission ~xpires I/)-/Y- Z~
1111111111111111111111111111111111111111111111111111111 ~:!~1:~~~,
Sh.ll.y Vano.-Gallatin eo MT MIse 36.00
Utility Easement Agreement
V alley West Sewcr Trunk
Tracy W. Messina & 360 Ranch Corporation
In consideration for the granting of a utility easement by Tracy W. Messina (Grantor), to the
City of Bozcman (Grantee) as per attached Exhibits "A" and "B", the 360 Ranch agrecs to the
following:
1. The 360 Ranch agrees to replacc cxisting fences removed during the construction of
the sewer trunk \vith new H:ncing materials in accordance with standard practices at
the sole cost of 360 Ranch Corporation.
2. In addition, the 360 Ranch Corporation shall place, at its sole expense, approximately
1,200 fect of 6 inch perforated drain pipe bcdded in washcd rock and wrapped with
filter fabric, in the bottom of the existing ditch which parallels the Gral1tor(s) south
property line.
~itror-th~~Of~_
Residing at ~...,~ ~
My Commi~l "pircs If J.-:3//J1
I I
\c1) '-...~ \.)(. rtL411~
Tracy W.~essll1a, Grantor
ST Al'E OF J~( )
, X-f-:/\ Ii. . )ss:
COUNTY OF~l&1J.-.J-r7'u )
On this :/1 ~tb. day of 7)Ll.ktA-- ,2900, before me, a Notary Public for the State
, ~";iJ.' " "- ..-
of '-JglJ..JLj}.-(~{)j , personally appeared '-..i-~<l if (\.. ,I) LiW.(.i\.-..^--..i ,known to me to
be the person that executcd the within instrument, and acknowrddged to me that he/she executed the
sam7j
i /J)
C '--_ /4--1._'-) /t7u--^{~L'-F'C.Z_
Not<iry Public for the State ofU.J__l{__(-'{)
Residing at1 !J..::.(Lf-.".A_~ JA..C'-"LC"(';
My Commissiun Expires / J.. . () I - 0 J.
I 1:\2885\004\EAS EMEN'r\TMcssina.doc
\\1:1
~,'\ Id r.... 1/
~" \., . <; //
. ..:'.."""" '. <5',,:.
. ,'.. _ SPAL O-::~
'/:' \~,':'i 1 ;'\FTIAz"..'t. ~
The existing ditch will be filled with the material located in the berm directly north of
the ditch. Thc material shall bc placed in a manner suitable to the Grantor(s) to
cstablish a grade at the top of the ditch which matches thc grade of the adjacent
ground.
360 Ranch Corporation
Ge~~ldWt9
0~~
STATE OF . ~
COUNTYO~
Dated,}" 13/66
)
)ss:
)
On this ~~ dayof ~ ,2000,beforcme,aNotaryPublicforthe
SJ4te of.....~~/Y"dL personally appearcd~A^arr1 "~ known to be the
J..1? I:' 4~o~ of thc corporation that executed the . in instrument, and
acknowledged to me that such corporation cxecuted the same.
<_i}~::/.L~~~}
"/ '/' '..,,' \\ ......:...
.-> "" (ll":' "0\" ..."
/1/1 -'/j' 1'./1 \\\'
'II II I II \ \
."~~~
: OFFICIAL SEAL ~.
ROXANA GRON~lD$
:'.'OT. A.RY PUBLIC, STATE OF ILLlNO~~.
,'/ COMMISSION EXPIRES: 12/01102
. ",f'\#I/"".A" ,; ",\.~,,~,~, "',I\I\MI't>}'
Page 4 of 5
1111111111111111111111 ~~;~;1r:~~,
Sh.lley Vanoe-Gallatin eo MT MIse 36.00
EXHIBIT "A"
William T. Cannon
John A. Cannon
John James White
Allen Brandon White
Tracy W. Messina
Water and Sanitary Se\\"er Easement
Valley West Subdivision
8/1 1/98
A tract ofland located in the Northeast one-quarter (NE1/4) Section 3, Township 2 South, Range
5 East, City of Bozeman, Gallatin County, Montana, described as follows:
Thc centerline of a 30.00 foot wide water and sanitary sewer easement being 15.00 feet each side
of and parallel to the following described centcrline:
Commencing at the East one-quarter (E 1/4) Corner of said Section 3;
Thence along the East section line, said Section 3, North 01 001'47" East, a distance of 12.5 feet;
Thence parallel to the East-West mid-scction line, said Section 3, South 89048'40" West, a
distance of 15.0 feet, to the Tme Point of Beginning of said easement centerline;
Thence North 01001'47" East, a distance of 43.0 feet;
Thence parallel to the East-West mid-section line, said Section 3, South 89048'40" West, a
distance of 824.0 feet,
Thence South 0 1 "'01 '47" W cst, a distance of 55.5 feet, to the East- West mid-scction line, said
section 3, and end of said easement.
The sidelines of said easements being adjusted in length as required so as to begin 12.5 feet
Northerly of the East-West mid-section line, said Section 3, and end on the East-West mid-
section line, said Section 3.
Containing 27,677 square feet more or less and is subject of other casements of record.
A temporary construction eascment is created 25 feet each side of said 30 foot easement, the
lands of which revert back to the owner upon completion of the constmction phase.
H:\2885\004\ WCANNON.WPD
Page 5 of 5 Pages
II III 11111 111111 1111 II 2014829
Pas..: 6 of 6
06/20/2000 02:36P
. Sh.ll.y Vano.-Gallatin eo MT MIse 36.00
.....
" UJ
0:> o.
0:>
'"
.....
0 ()l(j)
0
"' (JIO
~ --~-~ (JI --'
'" '0
!::
'"
~ ---
..... .p.
'"
x -..J
'"
a; -:E
=<
co
'"
:E ~~~cj5
"
roz:;:fO
S;:;:::jG"Jz~ "'OMO
-lOfTl(J)fTl ;;oJ> 0
:ZZ(}12;o o[f)z
"'0 "'OM-l
e oUJM Z M5:Z
o J> N .~ :;:OfTlc
C ~(J) =<ZJ>
Z -l-l
=< 0 06
c
. -l zz ':
"'0 I
0 s:: - ~ ---> e--.: ::> R'
::E -l 0'1
fTl c.... ........... .
;;0 J> ) GJ-i
0
"'0 M :;:0
0 Z I I' ~(J) ~
, -l MI )>
M Ii ,J>
[f) "'0 -I
fTl -lM I'l
I! OJ ::E 00 :::0
C 1"1 [f)-l
rr1 1 I, :;:0
}:>- :;:0 Cc <)>
fTl --I :;:0:;:0
Ul ~- 0 :;:0 .,.,z )>z )>
--l C J>J> 10 Ie.... ~
I J> Z 0:;:0 rrl
0 ^ MO I -IIOe....
:E: 0 c I'llf) :::Orrl - X
rr1 M J> Z --<)> )>zIOr=
C'l (j). :I~ (J) c 0 n ZI- I
:<:l -l [f) G"J (J) ~z --<CD z)>
I i'tl :;:0 2 -
g-- s:: ~~ :::oe.... $:
"51 ::r:: ~ 0 fTl OJ
~ J> ~~k?;-1
~! n 0 I ' .p. 0 Z -1:::0
I -l -
(I) ,I --< -1
I (J (J'l 'i\~ orrln
'" ~ 1"'1 )> :S:::olil)>n
() I' - en Zlil ~z~~~
--l i~ -l Zrrl ...
~f :i~ 0 I'l~ lil~IOZ ...
"'0 XfTl OJ
(J) )>:::0 ZI-IZO
0 ...
I; -I )>-fTl Z ...
,I . , -I
z 0 OfTl fTl
f'Tl < Z)>
(J1 M lil
'I :;:0 fTl
(J'l I! G"J :s:::
:;:0
rr1 ~ I'l
() fTl Z
D VI , -I
oDD M
~ c=J (j) J>
[f)
CD M
t ~ S::S:: r.o s::
fTl
~ ~>o -f>. ZO
OJ -lO
- %~::a Z
i<' .. t?=j O-l
NO ::a Z2
j t::a- "UJ>3:
~ ,,~UJ Z :;:00--;
Oc....-
3:!b't?=jo 0 ""'D 0 -0 J> 0
.~... Z MOZ
f '!! ....... - :;:OfTl
.z 0 -f>. :<20
...:.."'n -l'1
S -..J (j)
III ......-f>. 1'1 ITl
~ ~-......J
(J1 : -f>. ()
.fTl
if
! '" SECTION L1NE/
III ~ PROPERTY LINE
~