HomeMy WebLinkAbout97- Gallatin Center Limited Partnership Sewer Pipeline and Acess Easement, 1997
. ~'.. 4 . "
.. .^
,.
,
FlU~ 174?i~"t2028
Sewer
PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Yvonne G, Jarrett and Eugene GrafIII, of Gallatin Center Limited Partnership, a Montana limitcd
partnership, the GRANTOR(S), in consideration of One Dollar ($ 1.00 ) and other good and
valuablc 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 a sewer
pipeline with the usual scrvices, valves, connections, accessories and appurtenances for the purposc
oftransmitting sewage in, through, and across a strip of land situated in Gallatin County, Montana,
thirty (30) feet wide to be located on the following described real property:
Beginning at a point which bears S 2r23'1O" E a distance of23,05 feet from the southwest corncr
of Tract B-1 of Certificate of Survey No. 1827, said point also being on the northeasterly right-of-
way line ofYalley Center Road; Thence from said True Point of Beginning N 66020'34"E a distance
of9,19 feet; Thence N 73023'43" E a distance of255,85 feet to a point on the south linc of said Tract
B-1; Thence N 78003'32" E a distance of 79.42 feet to a point on the southwesterly line of an
existing 30 foot wide sewer easement; Thence along said line S 29059'21" E a distance of 13,31 feet
and S 3r 19'05" E a distance of 19.20 feet; Thence S 78 003'32" W a distance of 90,55 feet,
S73 023'43" W a distance of252.78 feet and S 660 20'34" W a distance of7,38 feet to a point on the
northeasterly right-of-way line of said Valley Center Road; Thencc along said I inc along a curve to
the right with a radius of 1367,39 feet a distance of 30,00 feet to the Point of Bcginning, Said
Easement bcing 0.239 Acres or 10,411 Square Feet.
The easement is morc particularly described on the attached Exhibit A, which by this
reference is made a part hereof.
This grant includes the right of the GRANTEE, is successors, petmittees, liccnsees, and
assigns and its and their agents and employees, to enter at all timcs upon the above dcscribed land
by using existing roads or trails or otherwise by a route causing the least damage and inconvenicncc
to the GRANTOR(S) in order to survey and establish the route and location ofthe easemcnt and the
pipeline and to:
1
. .: ~ .. ' ' "" :
" .' .
"
FlU~ 17 4 ,j~Ct 20~~J
(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, interfcre
or threatcn 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 pipeline across ravines and water courscs with structures which
GRANTEE deems necessary,
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing,
substituting, removing, enlarging, replacing, and maintaining o[ said sewer pipeline,
it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable
value of any damages to growing crops, existing fences, ditches and othcr
appurtenances of said land that may be disturbed by its operation;
(2) That, during operations involving excavation, it will removc 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 topsoil for replaccment over the trcnch, It will remove [rom
the site any large rocks or surplus excavating matcrial or any debris that may havc
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 backfilled areas may be
mounded sufficiently to prevent the formation of depressions aftcr 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,
2
Ii." ... -; . ~ -'j' ,
. r'
THE GRANTOR(S) AGREE THAT: FILM 174P~C~20JO
(1) At no time will they build, construct, erect or maintain any permanent structure
within the boundaries of said easement without the prior written conscnt of the
GRANTEE.
(2) At no time will they modify the finished grade of the land over the pipeline by
removal of existing soil or by placement of fill material within the boundaries of said
easement without the prior written consent ofthe GRANTEE,
(3) The GRANTOR(S) warrant that they are lawfully seized and possessed of the rcal
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 thc claims
of all persons,
(4) The GRANTEE may peaceably hold and enjoy the rights and privileges hcrein
granted without any interruption by the GRANTOR(S),
The terms, covenants and provisions of this easement and agreement shall extcnd to and be
binding upon the heirs, executors, administrators, personal representatives, successors and assigns
of the parties hercto,
rr /-74'- , 199"",
DA TED this ;?/ - day of
(
Gallatin Center Limited Partnership, a Montana limited partnership
~~ ~~
STATE OF MONTANA )
) ss
County of Gallatin )
On this c:::I. /J:;1-dayof , 1997, before me, a Notary Public in and for
thc State of Montana, personally appeared nne G, Jarrett, known to mc to be the pcrson whosc
name is subscribed to within this instrument nd acknowledged to me that she did execute the samc,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial SCfll t~~
day and year first above written, ,"~~'~.i~'"
; ,".,....'" . .,'. '~i? '<"
~. )...\ , ~~, .,. .~
,Y . \~
(SEAL)
3
,. . '" ~ , _.' ~.I .,,', ~ .. \ l\;,
, ,
"
..
;;r- FILM 174 PAC[ 2031
~
DATED this;?/ day of /7,..--:/ ?' ,199/,
Ga . na limited partnership
STATE OF MONTANA )
) ss
County of Gallatin )
On this cl.. J U-day of , 1997, before me, a Notary Public in and [or
the State of Montana, personally appeare gene Graf, III , known to me to be the person whose
name is subscribed to within this instrurnen and acknowledged to me that he did execute the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal t~;".
day and year first above written, /~,~;}".'
.,
,,00
,',
i';r'\j'; ,
",.
(SEAL)
ACCEPTED:
CITY OF BOZEMA
By Its Acting City
iST: ~
C $fu~ commlss:n
ST A TE OF MONTANA )
) ss,
County of Gallatin )
On this /d y-t.-, day of , 1997, before me, a Notary Public for the
State of Montana, personally appe and Robin L. Sullivan, known to me to be thc
Acting City Manager and Clerk of\ City Commission and known to me to be the persons whose
names are subscribed to the foregoing instrument and acknowledged to me that they executed the
same,
IN WITNESS WHEREOF, I have hcreunto set my hanrand affixed my seal on thc day and
year first written above.) ,/)
""f..'~. ~/r C~. -/ ;, ....
-'*',...... t/.// .~. /./ /'
"... .,,, / /' _/ ---c~
, ~~'- '."....:.... /'/Not:t;:biic f~J't....h. :~;-t:;e. o'f~;nt;~~A~_~'~'--:'
./ //)) //.'
1./ ,~"" ........... ...~ '.. . - Residing at v/ /~>/"/-?'{"c~'-"__
it... \. ":t ~ ,'i:Q""K;,~~ ' , My Commissi6i1' Expires r;,/J -7'5 ,_
..... "r '. "',J~ '". ·
... . r~ ' , <,,,"
", . ", ',' 1
~~E1~) ~< :..
. "i. ).' , - '.'
~.,I: . ,". '. .:r:
'. "r'..Jr '," -,
::,.\ ,1 \~\,"~, ",':::,.; ~~.~,r-:: /.\.._
""~' ',. , .' ~ ' , \ ,.
"\::',','''., "" ..: ~~::":-~"~/ "
4
. '" .~ .,( : ,0 ' '
.' . ..' ,
~
. .
~
" o~
'" FtU~ 174 fACE20J2
ff'\
~~ o~ P-' (J1t--'
~~~~'\~~ fi wI..>..
C) ~
([) ~t- s~fi' ~~ u '
r, ~o
~o~\~,i!' ,. cV O'l "1 ): .f/)
@" Ui
c:, Cl'l..--
,)\. NI") ~~ r<)"--
\~\ (f) ..-- r:: N"'<t-
,- S ?~ ~!-:
r-.. ..f 0;2
N Q
W ./// ~: ~
.1 II
.~l
() '<c
en ~ A u-'
.' ~ "'iIi n,
" "'\ eo 0 I;,'
,~~::;~~~ ui:j ~
l() ::! iii
\" ',-,,<,>. ,., 6 ;" I
~I"')Z """"""\0 " x
" '. "" '.... ...... "" CJl .'1
u.l t "'.,' "", ", "'" It>., w
<(z3:; "'...."',.",",,"',.,. " ;;t
.~... -('oI"l."l' ,~-.::< 'in '" 0:::
00 ~.. ~>'H . _______ 0
NI-I I..>..
Iu(f) ~~~~~~'A ~
z
U~e" w
-z. V~~>~ :::;:
I- Z w
"'" '" '..,......""...... Ul
()LL- ' ><""~~ <(
<(O~ "<<>" , w
.,',.,.,~"
g:;;to ~'S::~.~ 'e, L...
" <(0
.. ""- ~ .,'" "\[ W <(
Z~Z ,'" '<,,'" --. "','
<( \:" <><~ t', a:::W
-w<( ,,:,:,'<~<>.>, .. to ~!~ <(~
OZ<( \, "<;"'<'\ r-, 'i.
'" "', ~ ".
w "Z '" \:'- --. --,">' It'l "
" 1-1'-<(.. \ '"'-.\'" "" "'''''\i-l C\I I:,~'J
'"' '. '-''-''''''.'''' I '.-.-:
f'\ <(NI-~ .ol \,., "'-"""\ u ".
..... "'-....,,,"-.., "",'." ...." t-- ._1
::>ooZO ' ,"'-"'"."'" "",.....~ {) (~.
I-~O...J (t\ ". .....',......>,'> ........... , \ < vi ~:j
'" . 'i f-'<>'~\ eo 5 de,
(f) ,~w ~&H~ o ,~:,<<<::",.,~.... ~ ~~:
t- O CD 1 ~-.
I-Z>='I- al ,-' .... \--." "-"'''' .,,-,.., (,
I- <i.,~ f, ~>->~~\\ -t .:;
u C)
3>-1-- '" ct i<'<.'<<" -~ G
'"
~WZOJ ..... ~ \ ' . '. '"
- "'. '"' '<'::;",,<"\~
w>::>I "'"It\ . ", --. t"::
m '5 d) \"<'-""-'\ \fl
(f)eroX ...- . "....","'""',.".",,........
<(:::>uw o \Cl ~:' ,..... ,"", ,""" '::'
.> It'l," "" ..... \
w(f) W c-\ " '-" '.' ,
'''-''':<>.
- z u.l ',' "U.. .
I wLLF~ St"), <\ ~
zo<( -t\,.~~ ~
::Jw...J>- "..,g,,--, ;;;
X erl-:;:iCD ~ \\>:>,>.\ b
w<(e" ~ \~~s..~~ ~~
U 1-
3:;LL - "':.no ~~:~~~:<::,' (f) r--
W ~I-~ I"L!
~ \" ".' ....,\
er' LeJ >>> '.:
ww~ V.l \~~%~<
<f.
QUo.: l.1..1
3:LL ~ L... 0:~~
C)
I-OW <( ~ ~"
O~~ l,l.,t 1, !'4WL /
n.' CO It),...: -8/'
o,er .'x. , r 10' ,
LL 0 ~ o '-1")0
OI-u1 ~~ .' 0 .- I")
0.... II II II
t"')U""": t'-'-""'J
"',"\ '. <Jt:r..J
<(<(I- ,..............,'\
f "'-'':]
g: .....~........,."'<'
t>>':;:'~
t;;2SSJ
'..".". 9..
,.
Ii)
o.
-I ljj
f.~
'"
<to
Q
'I ~:~:
i,)
I- :-J
L'
<0 e-j
~o 'C';
<.3 I~J
()
..:~
r=
~-j4GO~2 :3
.,'
I~.;
TIIIS INSTRUMENT WAS FILED FOR REr-OHI) IN TIlTS OFFIr-E ON
TIlE 24 DA Y OF JUNE , A,I)" 19 97
OFFICE OF COUNTY RECORDER)
COUNTY OF GALLATIN ) AT 2:34 P. M" AND WAS DULY RECORDED IN BOOK 174
STATE OF MONTANA ) OF MISCELLANEOUS RECORDS, PAGE 2028
30,00 CRG )kane, M, ",. RECORDER, BY ~V\-Ys~~
Fee $ DEPUTY
RT: CITY OF BOZEMAN ATTN: ROBIN