HomeMy WebLinkAbout85- General Release of Easement, LeClair, 1985
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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
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f1L~ 85PAGE1965
its officers thereunto duly authorized the day and year first
above written.
THE CITY OF BOZEMAN
BY~~~ . \0.~~~~~
Its lty Manager
ATTEST:
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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.
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.~ ,.),'''')-1/.l My Commission expires: 4-30-85
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State of Montana I
County of Gallatin f 55.
Filed.__ Jan 22 ,1985
t 10: 36 AM and
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Recorded in book 86 of
MISCELLANEOUS .~ag 1964
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, 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,
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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 .
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//KEN LE CLAIR
State of Montana )
: ss
County of Gallatin)
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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. ".'(' \ ,.:' '. .,'
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Residing a t B~zelbaD;,' r.toI1~an.a'
My Commission F.'-k,n~'';''.....;' ,.'
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CITY OF BOZEMAN
BY:_~<~~V-~ {\J~~
Its ((_..J.....J. Y\\. '\jl'.,j'.-<\ \I A. /)
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ATTEST:
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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.
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, .,
. '. r .,.. , '" r I , Notary Public for State of Montana
~ (SEAiq-;: \; Residing at Bozeman, Montana
,:~\ ,".::' :":. ,:~~) j My Commission expires 4-30-85
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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.
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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
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b County Clerk"" Heee,dw
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[)ep~ty
Fee $ -0-
Rt City of Bozeman
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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
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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'...."
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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
...
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", ' . 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.
..
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, .
. ~ 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.
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/,-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.
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g : SEAL: l
.~'"..~ :,', ': ~ State of Montana
:. ~: l' :- Residing at Bozeman, Montana
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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
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Rt: City of Bozeman
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"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.
.
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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.
.
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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
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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-
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(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,
.
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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 .-
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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
.~..
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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.
.
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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.