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HomeMy WebLinkAbout85- General Release of Easement, LeClair, 1985 .... ~,~f' . .. ~. '. , . . GENERAL RELEASE OF EASEMENT FILM 86PAGE1964 THIS RELEASE, given this 14th day of January , -- 1985, by the City of Bozeman, a municipal corporation, organized under the laws of the State of Montana, of 411 East Main Street, Bozeman, Montana, to KEN LE CLAIR, a single person of 2427 High- land Boulevard, Bozeman, J'1ontana. On the 14th day of September, 1984, KEN LE CLAIR granted to the City of Bozeman, a right-of-way easement which was recorded on December 10, 1984, in Book 85 of Miscellaneous, Page 4003, records of Gallatin County, Montana, across the following described property: Lots 2 and 10, Block 2 of the university Square Subdivision of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana; and A tract of land in the SE\ SE\ of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin county, Montana, and being more particularly described by the fOllowing metes and bounds, to-wit: Beginning at a point which bears South 89054'30" West along the South line of said Section 11, and North 435 feet distant from and parallel to the East line of said Section 11, a distance of 371.8 feet to the point of beginning, said North line being also the West property line of South 20th Avenue, thence continuing North a distance of 264.0 feet; thence South 89054'30" West a distance 0 of 825.0 feet; thence South 0 1'30" East, 60 feet distant from and parallel to the west line of the E~ SE~ of said @ection 11, a distance of 264 feet; thence North 89 54'30" East, 371.8 feet distant from and parallel to the South line of said Section 11, a distance of 825.0 feet to the point of begin- ning, according to a survey recorded in Book 147 of Deeds, page 367. In consideration of the payment of Ten Dollars ($10) , receipt of which is hereby acknowledged, and other good and valuable consideration, the City of Bozeman, hereby releases to KEN LE CLAIR the easement described above, it being the intention of the parties to terminate said easement. In witness thereof, the City of Bozeman has caused these presents to be executed and its seal to be hereunto affixed by ~".W . -2- . . . . . . f1L~ 85PAGE1965 its officers thereunto duly authorized the day and year first above written. THE CITY OF BOZEMAN BY~~~ . \0.~~~~~ Its lty Manager ATTEST: '\""'! Of-, ~ rL'~ '. '. <7 '. /' Ii! .. '. . ./ . .- ....:.. '. . I',' . '" ,'~ "."\1 :;;,f1'J Cle~Df t!*c:ttl'. onunission A, .0, ,,, /~,' , .. .... ~.~ ~'. .; - - -'71v! (1 .~ 2 / /9/ if). ,_ .. ":...1... STATE OF MONTANA ) : ss. County of Gallatin) On the 14th day of January , 19 85 , before me, a Notary Public for the State of Montana, personally appeared James E. Wysocki and Robin L. Sullivan, known to me to be the persons described in and who executed the foregoing instrument as City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ";',""~~ ."';~;''',(,,_,.. ~ .: t'_) (' _ ^"~ ,\. ,,t,., ~ , . " '/. '., .',.)" ".- . . ',;--'. C'~- Notary Public for State of : .. ...:...\,.. l Hontana. Residing at ,~ /", ., (SEAL) Bozeman , Montana .~ ,.),'''')-1/.l My Commission expires: 4-30-85 '''. ~ 'L/ .....,,~ ......:: T+~ ....... ~.~~.....'" ....,.,...... ..,.... ..~.jfl4.... ':F '~~'\." \\.\" ~"'tIMII' .'1' ,u\\\\ 1"",,,,07t:' , I.) ':t..:.J -=> State of Montana I County of Gallatin f 55. Filed.__ Jan 22 ,1985 t 10: 36 AM and a ._..___'_'''_'_'''_~ ~ " Recorded in book 86 of MISCELLANEOUS .~ag 1964 ---..-.--.~ tit ~. .. -- , e .. . . ..----.---.----...--., '.".,.-.------ ..........- ~ .~ COIJllty Clerk &. Ree.,cW 8y.~/.L~ ~~~ F..,., 'f -0- Rt '6 :Cty"'o:r--B 0 z eman--"'- '" .. .' , . ..' , T, I 85 PAGE 1966 SANITARY SEWER AND WATER PIPELINE fiLM EASEMENT AND AGREEMENT KEN LE CLAIR, a single person of Bozeman, Montana, GRANTOR, in consideration of Ten Dollars ($10.00) 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 sanitary sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water and sewerage in, through, and across a strip of land situated in Gallatin County, Montana, thirty (30) feet wide on each side of the centerline to be located on the following described real property: Lots 2 and 10, Block 2 of the University Square Subdivision of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin county, Montana; and A tract of land in the SE~ SE~ of Section 11, Township 2 South, Range 5 East, M.P.H. , Gallatin County, Montana, and being more particularly described by the following metes and bounds, to- wit: Beginning at a point which bears South 89054'30" West along the South line of said Section 11, and North 435 feet distant from and parallel to the East line of said Section 11, a distance of 371.8 feet to the point of beginning, said North line being also the West property line of South 20th Avenue, thence continuing North a distance of 264.0 feet; thence South 89054'30" West a distance of 825.0 feet; thence South 001'30" East, 60 feet distant from and parallel to the west line of the E1:1 SE~ of said Section 11, a distance of 264 feet; ~ thence North 89054'30" East, 371. 8 feet distant from and parallel to the South line of said Section 11, a distance of 825.0 feet to the point of begin- ning, according to a survey recorded in Book 147 of Deeds, page 367. The centerline is more particularly described on the attached Exhibits 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 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 pipelines, services, connections, accessories and appurtenances; . -2- ~ . . I~ILM 8SPAGE1967 ~. -I '. ' " (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 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 tha t : (1 ) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water and sanitary sewer 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 ) Tha t , during operations involving excavation, it will remove the top soil from the trenched area to a depth of one foot, or to the full depth of the ~op soil, whichever is less, and stock pile 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 pipelines 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 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) The GRANTOR warrants that they are lawfully seized and possessed of the real property described above, . , -3- . . . . . - ~ i,' ,,' fiLM 8SP~GE1968 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. (3) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. 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 17th day of Decemb2Y;:>'" , 1984 . /;.'./. / / B<'/< ~ /.' ." .,r Y::Y ./fJ / r //KEN LE CLAIR State of Montana ) : ss County of Gallatin) ..,It ""- On this ~~ day of .o<i!..ee~ l.~y , 19.1J(, before me, the undersigned a Notary Public for the State of Montana, personally appeared KEN LE CLAIR, known to me to be the person whbse name is subscribed to the wi thin instrument, and acknowledged, ;Y,q, "me "that he executed the same. ".'(' \ ,.:' '. .,' ........' ....,:{ .. .:.' t ~ .', ~""", ~..~" ." " , :C--.-\ . . J : :i I-..~ .. ~"0"""" N tary Public: r th@:Sta~e of Montana ~ ..'.... ~'...,"... ,,", ;' Residing a t B~zelbaD;,' r.toI1~an.a' My Commission F.'-k,n~'';''.....;' ,.' ..-....., .."",!,.~ lJ:tIl1"wl ~"'''''''''' , ".' "" .,,' f.IIIft\IJ,;:rf'. 1r~'/~'~"".' !1, '1'- _""d~t~II, ~~,~ fl'.,""",,,,, re'Ji;''';,.",, . n . .~ '1(-\ Wii '::)I ,"1.~:,;~~~.""~X'i jY~~~,':~ ,.,..:k),n .,.~ CITY OF BOZEMAN BY:_~<~~V-~ {\J~~ Its ((_..J.....J. Y\\. '\jl'.,j'.-<\ \I A. /) \ 0 ATTEST: _ , :::. .: :*\rg"lf~v;1Wl.m AS TO FORlVi ~'f . ,- - ' - "------1-1.1 C -.- · .~ . '\ r~ t\ -:. _ r:~t~.:~ I ~ q, ') , 'j " ;,', ..;~). . . -4- . . . . , . . '. . filM 85 PAGE 1969 STA'l'E OF MONTANA ) ) 55. County of Gallatin ) On this 14th day of January , 1985, before me, a Notary Public for the State of Montana, personally appeared James E. Wysocki and Robin L. Sullivan, known to me to be the persons described in and who executed the foregoing instrument as City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ,'. :' .' ~~ c.lI~ , ., . '. r .,.. , '" r I , Notary Public for State of Montana ~ (SEAiq-;: \; Residing at Bozeman, Montana ,:~\ ,".::' :":. ,:~~) j My Commission expires 4-30-85 ".:, '.,... '..~ ,...,t....:.,:~ ........::.... ',,' /"" ,"" . ~ : \~'\ ,....,~\".,,\' "11""1\,,\1\' . , . : . . , , . , " . FILM 8S PAGE 1970 EXHIBIT A Legal Description for 30-Foot Permanent Utility Easement Southbrook Development City of Bozeman Commencing at the Northwest corner of Lot 10, Block 2, University Square Subdivision to the City of Bozeman, Montana; thence North 89054'30" East, 190.00 feet, to the centerline of an existing 30 foot permanent utility easement; thence South 000 00'07" West, 35.00 feet, along the centerline of said permanent 0 East along the centerline of a easement; thence South 01 29'53" 30-foot utility easement, 102.00 feet; 0 East thence South 25 29'53" along said centerline to the centerline intersection of a 30-foot East-West utility easement, 161.00 feet; thence South 87000'07" West from said centerline intersection along the centerline of said East- 142.00 feet; 0 East from the West easement, thence North 87 00'07" centerline intersection of said East-West easement along the center- line of said East-West easement, to the centerline intersection of said East-West easement and a North-South 30-foot utility easement, 211.01 feet; thence South 02059'53" East from said centerline intersection with said North-South easement along the centerline of said North-South easement, to the south line of the Southbrook Planned Unit Development as recorded with City of Bozeman, Montana; thence North 87000'07" East, from said centerline intersection along the centerline of said 3D-foot East-West easement 165.00 feet, of which 15 feet each side of all said centerlines, parallel and contiguous thereto, shall be granted as permanent utility easements with a IS-foot temporary construction easement parallel and contiguous to each side of said permanent utility easements. . . . '^ ,..,.- " , < , ' . , " FILM 85 PAGE 1971 EXHIBIT B Legal Description for 3D-Foot Permanent Utility Easement Southbrook Development City of Bozeman Commencing at the Northeast corner Lot 2, Block 2, University Square Subdivision to the City of Bozeman, Montana, said corner being a point on the south right-of-way of Dickerson Street; thence on the North line of said Lot 2 along a 150.00 foot radius curve to the right, the tangent of which bears North 89054'45" East, through a central angle of 4045'49", a tangent distance of 15.00 feet, to the centerline of a 30.00 foot utility easement, 220 feet, of which 15 feet each side of said centerline, parallel and contiguous thereto, shall be granted as a permanent utility easement. 13-19'76 State of Montana ~ County of Gallatin S5. Filed__ J an 22 , 19 85 at___.~ 10: 37 A M., and Recorded in book I) 6 of MISCELLAN~~~966 ---~~'.._-'__ age_ ----_.~W~_1r~._._ b County Clerk"" Heee,dw B_.__ ,,', O-~ y ~-~ [)ep~ty Fee $ -0- Rt City of Bozeman . .... .. ... ' . . .. . . GENERAL RELEASE OF EASEMENT THIS RELEASE, given this 14th day of January , 1985, by the City of Bozeman, a municipal corporation, organized under the laws of the State of Montana, of 411 East Main Street, Bozeman, Montana, to KEN LE CLAIR, a single person of 2427 High- land Boulevard, Bozeman, Montana. On the 14th day of September, 1984, KEN LE CLAIR granted to the City of Bozeman, a right-of-way easement which was recorded on December 10, 1984, in Book 85 of Miscellaneous, Page 4003, records of Gallatin County, Montana, across the following described property: Lots 2 and 10, Block 2 of the university Square Subdivision of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the county Clerk and Recorder of Gallatin County, Montana; and A tract of land in the SE~ SE~ of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, and being more particularly described by the following metes and bounds, to-wit: Beginning at a point which bears South 89054'30" West along the South line of said Section 11, and North 435 feet distant from and parallel to the East line of said Section 11, a distance of 371.8 feet to the point of beginning, said North line being also the West property line of South 20th Avenue, thence continuing Ngrth a distance of 264.0 feet; thence South 89 SA'30. West a distance of 825.0 feet: thence South 0 l'JO. East, 60 feet distant from and parallel to the west line of the E~ SE~ of said ~ection 11, a distance of 264 feet; thence North 89 54'30. East, 371.8 feet distant from and parallel to the South line of said Section 11, a distance of 825.0 feet to the point of begin- ning, according to a survey recorded in Book 147 of Deeds, page 367. In consideration of the payment of Ten Dollars ($10), receipt of which is hereby acknowledged, and other good and valuable .\- consideration, the City of Bozeman, hereby releases to KEN LE CLAIR the easement described above, it being the intention of the parties to terminate said easement. In witness thereof, the city of Bozeman has caused these presents to be executed and its seal to be hereunto affixed by -/ -2- ~, . ..l. .. / / , ... . '- its officers thereunto duly authorized the day and year first above written. THE CITY OF BOZEMAN BY~~'~" \0~~~ Its ity Manager ATTEST: ~ rt)..~ '\~'\ .~"" ,\'~;"". ,'~. --'" :"'~r.'if\J Clerk of t e C1.ty Conun ssion _0".; ".j "'11:;., "p," .:',; .-:.I~:' 'i ~,.L t:.;""Zi'...." --]'vI(' -5 II '-1) q.,- ---~~._._..:: -- .. -"- .., -~---~.- ::..p:: !\'L(l.':IW;", STATE OF MONTANA ) . SSe . County of Gallatin) On the 14th day of January , 19 85 , before me, a Notary Public for the State of Montana, personally appeared James E. Wysocki and Robin L. Sullivan, known to me to be the persons described in and who executed the foregoing instrument as City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ~ (!-I/~ Notary Public for State of Hontana. Residing at (SEAT..) Eozeman , Montana My Commission expires: 4-3cf:.S5 ... . . . >' '.' ", ' . fiLM 85pf.GE4003 . . SANITARY SEWER AND WATER PIPELINE EASEMENT AND AGREEMENT KEN LE CLAIR, a single person of Bozeman, Montana, GRANTOR, in consideration of Ten Dollars ($10.00) 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 sanitary sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water and sewerage in, through, and across a strip of land situated in Gallatin County, Montana, thirty (30) feet wide on each side of the centerline to be located on the following described real property: Lots 2 and 10, Block 2 of the University Square Subdivision of Bozeman, Gallatin County, Montana, according to the official plat thereof of file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana; and A tract of land in the SEYa SEYa of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, and being more particularly described by the following metes and bounds, to-wit: Beginning at a point which bears South 89054'30" West along the South line of said Section 11, and North 435 feet distant fram and parallel to the East line of said Section 11, a distance of 371.8 feet to the point of beginning, said North line being also the West property line of South 20th Avenue, thence continuing North a distance of 264.0 feet; thence South 89054'30" West a distance 0 of 825.0 feet; thence South 0 1'30" East, 60 feet distant from and parallel to the west line of the E~ SEYa of said Section 11, a distance of 264 feet; thence North 89054'30" East, 371.8 feet distant from and parallel to the South line of said Section 11, a distance of 825.0 feet to the point of begin- ning, according to a survey recorded in Book 147 of Deeds, page 367. The centerline is more particularly described on the attached Exhibits A, Band C, which by this reference are made a part hereof. This grant includes the right of the GRANTEE, its successors, permi ttees., 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 pipelines, and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipelines, services, connections, accessories and appurtenances; '-. " ' . . .~ I '. . f1U~ 85f'-GE4004 (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 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 that: (1) That, in connection with the construction, operating, patrolling, repairing, sUbstituting, removing, enlarging, replacing, and maintaining of said water and sanitary sewer 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 top soil from the trenched area to a depth of one foot, or to the full depth of the top soil, whichever is less, and stock pile 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 substan- tially the same condition as exi8ted 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 pipelines 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 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. .. ~..., . . . , . . ~ l '. . fiLM 85PWE,4005 . (2 ) The GRANTOR warrants 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. (3) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants and provisions of this ease...rnent and agreement shall extend to and be binding upon the heirs, execu- tors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this 14th day of September ~/-;' 1984. , '--]'~ ... .,- ,./ ,",/.... ~... ./~ _/,~ .. /,-i~/' L" LAIR - State of Montana ) ) ss County of Gallatin) On this / 'f t~ day of :5,-!e.-4. -e~. , 1984, before me, the undersigned a Notary Public for the State of Montana, personally appeared KEN LE CLAIR, known to me to be the person whose name is suscribed to the within instrument, and acknowledged to me that he executed the same. .\' \ II I 1111" I ""1/ .,,"\ eRG' III; ......,'. ~\\'....... 0 y I"", N~~e ...... ~ -,- .... ~,''''' ! ~..~~i AnI4i....!' '\ g : SEAL: l .~'"..~ :,', ': ~ State of Montana :. ~: l' :- Residing at Bozeman, Montana "" ' . ... ;. -. ...: ~ "~..It. " ' ~... ~~ f My ~fJe+PJiJ::~pi..s: "'... ~"t....n.....-':~, ,,- '1"., OF ",t," "."" '~"F"'~ t'tZ'1'\'It~,~ tQ ~l':f~"'ffi.r.~\. *~..'~ .,~~, , . ~/"1"n,.. J1' H'\.~' "~", .. ~~1':81l\i ~ 1$~'.k1'},,"'<< \ill CITY OF BOZEMAN BY:~""MJ 2.. ~~ Its Ci .y Manager ATTEST: . ..l'.eo~,~~., ,"t& 1.331'~~5 State of Montana ~ 55 County of Gallatin . Filed December 10 _,1984 at ?-oo ..,.,EJv1., and Recorded in book~._8.5_____~of }lISCET4AtWJl~_F'dg~. 4001 . ___._,~.'uI~".,' '(_~ti~~~.~~_ -5 ' Co";r'~'1 C,erk & Flre.,der By~Ji4-~ D,p:;l:y -0- Fee $_._~__._,__.-__ Rt: City of Bozeman (/) . . to -. W lr ~ W ..." \ . <( w <( Z -'"-'.2 Z .~ ' . w U G <( w 0 2 I- ~ (/) W Z l- (/) 0 I- ,... w(J) oct f.') ::E w => a:: I- mW z - w ..J 0 Cl z d5 - Z ..J 0 Z 2 W WI I- <( 0 I <( => ~ a..U z Z ..J ::E -0 I Z W 0 W - <( ~ - :::> W 0 Z <( ..J 11:I Vl a..W :::i; a:: ~ N - <( :I U <( u.lr WOO " C :I I- W Ow lr ::.:::: U en - Z c c z f.')> w w f.') w w W Zlr I ..J I- Z W Vl Vl 1-0 "'-- ..J Z ~ 0 :I _0 <( <( ~ ~ W I-Z (,!II J: W 0- ~:::> zZ U Vl 0 0 Vl W<( rJ) ..J X lr It: <( XO ..J:::E -\0 w 0.. 0.. W wm I 1 1:::: I (I . . I I i --- - -----,. - ~nmw'~.oz Hlnos - -~-~. M..IOI-,OO-oOO S '.9Z " -It) W ,.... CJ) 0 I E-i Z -0 Z 0 ~ ~ ~. I F:!l ~ . ~ . . , = ~ o ~ CJ) o N E-i F:!l p::; 0 H ~ t:Q t:Q 10 t:Q ::r:: w "' ---.--.--10 H :>-i E-i ~ -~ - ::r:: E-i =>0 ----------- :x: H 0 ~ H CJ) :>-i T; ~--------- -- H E-i : .~ ~ E-i H- => C) ,i i _ ~ , Q I , iii -. I Nil) I CO , I 0 - I ~ It: W I Vl ~ I 0 l&J ,-- 0 Vl I I I .0 )- I If) It: I I ~ I 0 .0 I ,.... Z 0 CD <( I (I) -g ------ CI I Z 0 I- CD VI 10 )( W ~.., ~ -,.... 0 .If) I It) -0 I 0 -ro I 0 I d I'- ~-I-~ .:3 -10 m It) _I N Vl IQ O'l V) N I 'IV) CL Vl ~ 00'6~. -,.~.,---,- "La ,00 000 N .-- _.,,_..,...._._,.,---"~.'-, .-..--...- 3nN3i\v' pJ~Z .-..... .. ..-.,....---.... ;, . . _ l, . ~ l . flU'! 85p~GE,4007 . · "EXHIBIT B" Legal Description for 30-Foot Permanent utility Easement southbrook Development City of Bozeman Commencing at the Northwest Corner of Lot 10, Block 2, University Square Subdivision to the City of Bozeman, Montana; thence North 89054'30" East., 190.00 feet, to the centerline of an existing 30 foot permanent utility easement; thence South 00000'07" West, 35.00 feet, along the centerline of said permanent easement; thence South 01029'53" East along the centerline of a 30-foot utility easement, 102.00 feet; thence South 25029'53" East along said centerline to the centerline intersection of a 3D-foot East-West utility easement, 161.00 feet; thence South 87000'07" West from said center- line intersection along the centerline of said East-West easement, 142.00 feet; thence North 87000'07" East from the centerline intersection of said East-West easement along the centerline of said East-West easement, to the centerline intersection of said East-West easement and a North-South 30- foot utility easement, 230.00 feet; thence South 02059'53" East from said centerline intersection with said North-South easement along the centerline of said North-South easement, 150.00 feet to the south line of the Southbrook Planned Unit Development as recorded with City of Bozeman, Montana; thence North 87000'07" East, from said centerline intersection along the centerline of said 30-foot East-West easement 165.00 feet, of which 15 feet each side of all said centerlines, parallel and contiguous thereto, shall be granted as permanent utility easements with a 15 foot temporary construction ease- ment parallel and contiguous to each side of said permanent utility easements. . . '" ''0'';6, '.. , . . .' ;. ' < . . FILM 85 r~GE .4008 "EXHIBIT C" Legal Description for 3D-Foot Permanent utility Easement southbrook Development City of Bozeman Commencing at the Northeast Corner Lot 2, Block 2, University Square Subdivision to the City of Bozeman, Montana, said corner being a point on the South right-of-way of Dickerson Streetj thence on the North line of said Lot 2 along a 150.00 foot radius curve to the right, the tangent of which o 0 bears North 89 54'45" East, through a central angle of 4 45'49", a tangent distance of 15.00 feet, to the centerline of a 30.00 foot utility easement, 220 feet, of which 15 feet each side of said centerline, parallel and contiguous thereto, shall be granted as a permanent utility easement. . . 7-~:z.;r::""'~,,:,::,,:~- ~. (j B02'#~~ 'lO,~ ~. ~\ THE CIT"Y OF .130ZEMAN · tJ '~~"'."""..'.. ~~,..f.'.."", .~l.~ 411 E, MAIN ST, p,O BOX 640 PHONE (406) 58(;-3321 * 1;(' * ~ 'c:,,' ','i:~~ <>: BOZEMAN, MONTANA 59715-0640 \~~;f January 10, 1985 '''eJ}ll co. ~,J ....}:-;:':".('::~:~;:"...:.r:: TO: Richard C. Holmes, Director of Public Service FROM: Neil Mann, Engineering Officer ~ RE: Easement Revision - Southbrook PUD -------------------------------------------------------------- The easement release and revised easement form were prepared for the referenced project in order to conform with the as- built location of the sanitary sewer mains and manholes. Sub- sequent to the engineering approval of the plans, the building locations were shifted by the developer. The location of Manhole No. 3 was moved to accommodate the shift in building location. The easement revision is necessary to ensure a future extension to the south to provide sewer service to a portion of Mountain vista subdivision. NM:kn HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK . . ;f.7:;Z,"7:.:::r.:..<,:::-,,:~ - ~ ]}Q?.!>~~ THE CITY OF j:JOZEMAN ~_~:.t;\ . ~~~~ 411 E, MAIN ST, P,O, BOX 640 PHONE (406) 586.3321 ( :k ., ..S.....:; BOZEMAN, MONTANA 59715.0640 \__c<t. ....:C.:. ~ ,. .h .. m January 3, 1985 ~~~188~)r .''+1-'''-;;: ~~l' -<-.c..::::-.:::....:-::t::.t TO: l'1ary Crumbaker-Smith, City Attorney FROM.: Neil Mann, Engineering Officer ~ RE: Sewer and Water Easement - Southbrook PUD -------------------------------------------------------------- Attached is the revised Release of Easement regarding the easement garnered from Ken LeClair prior to construction of the sewer and water mains within the Southbrook PUD. Also attached is the easement signed by Ken LeClair which replaces the one being released. After your review of the attached forms, please forward them to Robin for appropriate action. NM:kn Attachments cc: Richard C. Holmes, Director of Public Service HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK . ,'J . ... . ~ SANITARY SEWER AND WATER PIPELINE EASEMENT AND AGREEMENT KEN LE CLAIR, a single person of Bozeman, Montana, GRANTOR, in consideration of Ten Dollars ($10.00) 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 sanitary sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water and sewerage in, through, and across a strip of land situated in Gallatin County, Montana, thirty (30) feet wide on each side of the centerline to be located on the following described real property: Lots 2 and 10, Block 2 of the University Square Subdivision of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana: and A tract of land in the SE~ SE~ of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, and being more particularly described by the fOllowing metes and bounds, to- wit: Beginning at a point which bears South 89054'30" West along the South line of said Section 11, and North 435 feet distant from and parallel to the East line of said Section 11, a distance of 371.8 feet to the point of beginning, said North line being also the West property line of South 20th Avenue, thence continuing North a distance of 264.0 feet, thence South 89054'30. West a distance of 825.0 feet: thence South 001'30. East, 60 feet distant from and parallel to the west line of the E~ SE~ of said Section 11, a distance of 264 feet: thence North 89054'30" East, 371.8 feet distant from and parallel to the South line of said Section 11, a distance of 825.0 feet to the point of begin- ning, according to a survey recorded in Book 147 of Deeds, page 367. The centerline is more particularly described on the attached Exhibits A and B, which by this reference are made a part hereof. This grant includes the right of the GRANTEE, its succe.asors, 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 pipelines, and to: (l) Construct, operate, patrol, repair, substitute, remove, enlarge, replace and maintain the pipelines, services, connections, accessories and appurtenances: . -2- . ~ . - - . ." "' (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; ()) r,rade 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 that: ( l) That, in connection with the construction, operating, patrolling, repairing, sUbstituting, removing, enlarging, replacinq, and maintaining of said water and sanitary sewer 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 top soil from the trenched area to a depth of one foot, or to the full depth of the top soil, whichever is less, and stock pile 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 pipelines 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 GRANTOq agrees that: (l) 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) The GRANTOR warrants that they are lawfully seized and possessed of the real property described above, . .. j- . . ... .J ~ . 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. (3 ) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. 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 17th day of , 1984 . - State of Montana ) : ss County of Gallatin) . , ..,,, D On th~s I _ day of <<-l!.t'....., L~,.. , 19Lf, before me, the undersigned a Notary public for the State of Montana, personally appeared KEN LE CLAIR, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. ~C~ - . ~-- N tary publ~C y"C t~ State of Montana Residing at Bo~eman, Montana My C=i~.tg~ Sij.\;~M ~ ~~ at '.',~ ~"~~.'--' ....dll ~.lP 1....- . CITY OF BOZEMAN By.~(w..~~Q~ Its ~_:J..'1 ~ ATTEST: \ ~, P&~ tIer 0 the comm'ss~on AP~'~,m'~n AS TO FORM iU (' - 5 .- J ..,- ~') .. -- ~ ~-_._~.' ,.--- ~ ". ~ ;" .. ./ -4- , .. .. - .. eo. . , J STATE OF MONTANA ) ) 5S. County of Gallatin ) On this 14th day of January , 1985, before me, a Notary Public for the State of Montana, personally appeared James E. Wysocki and Robin L. Sullivan, known to me to be the persons described in and who executed the foregoing instrument as City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are nubscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ~e.~ Notary Public for State of Montana (SEAL) Residing at Bozeman, Montana My Commission expires 4-30-85 .~.. ~ ~. . ~ . - ~ - i . I EXHIBIT A Legal Description for 30-Foot Permanent Utility Easement Southbrook Development City of Bozeman Commencing at the Northwest corner of Lot 10, Block 2, University squase Subdivision to the City of Bozeman, Montana: thence North 89 54'30" East, 190.00 feet, to the centerline of an existing 30 foot permanent utility easement: thence South 000 00'07. West, 35.00 feet, along the centerline of said permanent easement: thence South 01029'53" East along the centerline of a 30-foot utility easement, 102.00 feet: thence South 25029'53" East along said centerline to the centerline intersection of a 30-foot East-West utility easement, 161.00 feet: thence South 87000'07" West from said centerline intersection along the centerline of said East- 0 West ease~ent, 142.00 feet: thence North 87 00'07" East from the centerline intersection of said East-West easement along the center- line of said East-West easement, to the centerline intersection of said East-West easement and a North-South 30-foot utility easement, 211.01 feet: thence South 02059'53" East from said centerline intersection with said North-South easement along the centerline of said North-South easement, to the south line of the Southbrook Planned Unit Degelopment as recorded with City of Bozeman, Montana: thence North 87 00'07" East, from said centerline intersection along the centerline of said 30-foot East-West easement 165.00 feet, of which 15 feet each side of all said centerlines, parallel and contiguous thereto, shall be granted as permanent utility easements with a IS-foot temporary construction easement parallel and contiguous to each side of said permanent utility easements. . ~ . . ~ ' . ~ , EXHIBIT B Legal Description for 30-Foot Permanent Utility Easement Southbrook Development city of Bozeman Commencing at the Northeast corner Lot 2, Block 2, University Square subdivision to the City of Bozeman, Montana, said corner being a point on the south right-of-way of Dickerson Street: thence on the North line of said Lot 2 along a 150.00 fast radius curve to the right, the tangent of which bears North 89 54'45" East, through a central angle of 4045'49-, a tangent distance of 15.00 feet, to the centerline of a 30.00 foot utility easement, 220 feet, of which IS feet each side of said centerline, parallel and contiguous thereto, shall be granted as a permanent utility easement.