The URL can be used to link to this page

Home My WebLink About98- Osterman Sanitary Sewer Pipeline Easement and Agreement l~=~:=:'"'.._ FEC 0 31998 t SANITARY SEWER PIPELINE ACCESS EASEMENT AND AGREEMENT fil~ 193 ?M'E 3;39 DA VE OSTERMAN, the GRANTOR, 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 by, construct and maintain a sanitary sewer pipeline with the usual services, manholes, connectioIls, accessories and appurtenances for the purpose of transmitting sewage in, through, and across a strip of land situated in Gallatin County, Montana, (35.00) feet wide to be located on the following described real properlY: A tract of land located in Section 6, Township 2 South, Range 6 East, City of Bozeman, Gallatin County, Montana. The easement more particularly described in the attached Exhibits "A" and "B", which by this reference is made a pan 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 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 casement which may, in the opinion of the GRAN'fEE, 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 pipelines across ravines and water courses with structures which GRANTEE deems necessary. THE GRANTEE AGREES: Page 1 t fiLM 193r~.C[ 340 (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewage pipeline, 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 oper.nion. (2) '1'hat, during operations involving excavation, it will remove the topsoil from the trenched area to a depth oE 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 AGREES: (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 of the GRANTEE. (3) The GRANTOR 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. (5) The GRANTOR assumes all risk and agrees to indemnify and hold GRANTEE harmless from and against any liability resulting from environmental contamination emanating from the dedicated property or easements, and public infrastructure or facilities related to this project that arise prior to the date of acceptance of dedication or public Page 2 - , Improvements. f JL~ 19.3 ?f~eE 341 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 3/L.i day of 'Tdi 19 yg/ , - ,f~~~ L1 &lf~4~~ GRANTOR STATE OF MONTANA : ss. GALLA TIN COUNTY ) On thisc-9/~,lday of ",..,:thlfl,1..A..-t,l V, befor.e me a Notary Public in and [or the State of Montan:-a, personally appeared C , lawn to me to be the person whose name is subscribed to within this instrument and acknowle ged to me that he 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. No(~jL.'...}f=':~~TA TE OF MONT ANA Resldmg at W-tltUU"",) My Commissioil expi&s /~/ /3/"9;9 \'" '\ .' :~:~~:.r, ,'; .... ,', .. '. r)': 'I, r ,: ,_ ~ ~L,.. ,,' --.SEAt: \~.... \ .' - ~ "':': ~ ;" ." ~~....-n"'; ~::.*:" S 13, ,~<'J, . , . ~~'_ ~.\'~:: /I . ~:, .' ". ,', ,...." ~ -, " ,.',. ~ ,~? ~-:" ,.,.,-,. <.~ ACCEPTED: \. \ C~T~ ~;\~;~~N by its Ci ty Manaqer (,> STATE OF MONTANA) : ss. Gallatin County On this df"-Z- day of ~{--d'1 y-,,--l , 19 91t; before me, the undersigned, a Notary Public for the State of Montana, personally appeared CLARK V. 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 my seal on the day and year first writ..f' 'en above. /r l/ ;? /> .//. ...- /Y ,j /' ,.f'i(;,tI(;-Ic {( /[ l --7_ <...--' -Z- lA, -u v,/1\r~T~R Y PU}LIC FOR THE STATE OF MONTANA R\~i1tg 'f ~';.{L~fJc"14L/ r,,;~~colwnfqt\ expires d '/cF-fJ;; _ ." ;. t4 0 iI~, :, ~ ~..,',. ~ ~ -- SE.II\ ll: ..;.. ',"":: Il.J:. ~ .II ~ - 11,\12;?\002\~S~NT\ W"'-R6I?EAS : 1t .... . .::. ..... ,... :......."" / ," ,) ," , ~.) -.' ,":': .......'. Page 3 EXHIBIT "A" fiLM 193 PAc[ 342 ~ ' . . . SANITARY SEWER PIPELINE AND ACCESS EASEMENT A tract ofland being a portion of Tract 10 of the Northeast Annexation to the City of Bozeman in the NE 1/4, Section 6, T2S, R6E, P.M.M., City or Bozeman, Gallatin County, Montana, described as follows and on attached Exhibit "B": Commencing at the northwest corner of Tract 1 of the Industrial Properties Subdivision as described in C.O.S. No. 405; Thence South 88055'33" West, a distance of 15.01 feet to the southwest comer of said Tract 10; Thence North 00013 '33" East, a distance of 137.78 feet along the west property line of said 'rract 10 to the True Point of Beginning for said casement; Along a 35.00 foot wide strip orland lying 10.00 feet north and 25.00 feet south of the following described line which is coincident with an existing sanitary sewer pipeline; Thence South 89"46'40" East, a distance of 405.58 feet to the end of said sanitary sewer pipeline; Thence NOlih 65 "08'19" East, a distance of 10.00 fect to the end of said easement; The sidelines of said casement being extended or shortened so as to begin on the west property line of said Tract 10 and intersect at anglc points; Said eascmcnt contains 14,545 square feet, morc or less. H:\2259\002\EASEMENT\ W ATERl) 19.EAS Page 4 .. . f1lK 193PACf 343 SANITARY SEWER PIPELINE AND ACCESS EASEMENT A TRACT OF LAND BEING A PORTION OF TRACT 10 OF THE NORTHEAST ANNEXATION TO THE CITY OF BOZEMAN IN THE NE1/4, SEC.6, T25, R6E, P.M,M, CITY OF BOZEMAN. GALLATIN COUNTY. MONTANA, EXHIBIT "B" OWNER DAVE OSTERMAN 2210 HIGHLAND CT. BOZEMAN, MT 59715 ENGINEER MORRISON MAIERLE, INC. P.O,BOX 1113 BOZEMAN, MT 59771 BASIS OF BEARING NORTH PROPERTY LINE OF INDUSTRIAL PROPERTIES SUBDIVISION NSS'55' 33"[ GRAPHIC SCALE ~-~ i ( I" nET ) 1 Ibc:b. - 100 It. I \\o~ ~~i-~ \ \7.- ~~ \~~~~~~S\ ~O~ \\o~ ~<(,..i-~ \ \?:\ ~~ \~~C ~~S ~O~\0 N 1/4 SEC. 6 :3: Mlb (Y) v M M ~ C1' C:, C\.j C) V? r - - \\O~ - o ",.\~<(,..i-~ \ \ :\ r\'" \~~\.-\<(,..~S ~O~\ L..J > <{I w (f) ~ o a::: I f- gs, Z Poet Motorcycle Shop \ I ~ // I / /"" ("" .--- I .---/ /--\ \ / / \..- ..) I P.O.8. .---/ .---/ I .---'--- .---'--- .--- .--- I' C10.00' I35.O..o'/ /.---'--- ~ ~ ~ ~ ~ 589'46'40"E ~ :s.~ ~ ~ -= ~ ~I f ~/~ 30' "'DE WATER PIPELINE EASEMENT I ./" 25.00' w 35' WIDE SANITARY SEWER ~ lio PIPELINE AND ACCESS EASEMENT TO N6S'08'19E ;::q; THE CI TY OF BOZEMAN 10.00' g ~ S88"65.3S'ili zl " 15.01' eJ SB8~5' 3S'W 30.00. ~ PT. OF COMMENCEMENT N,W.COR, TRACT 1 COS NO. 405 INDUSTRIAL PROPERTIES !NDEXED PLATTE 0 N88'SS'JJ"E INDUSTRIAL PROP. SUBDIV, SUBDIV. 1-1: \21:."'\OO2\ORAWlNGS\OSTSS1,DWG J 380830 State of Mont, County of Gallatin. ss Filed for record __..PJ:_CEM~~~..~~_~;_" 19~. at :p: 3[[8 ~~., and (e:~Ot;hhl i;R~~~;~er. 1 ~~ '. 01 W- i~~J~t~~~":1~:p:~L dfu, ey ~'ta. ' --rr FEE: $30.00 RT: CITY OF BOZEMAN