HomeMy WebLinkAbout95- School District No. 7 Water and Sewer Pipeline and Public Utility, 1995
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fIlM 159PACf1728
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Ie WATER AND SEWER PIPELINE AND PUBLIC UTILITY
ACCESS EASEMENT AND AGREEMENT
Bozeman School District No, 7, the GRANTOR(S), in consideration of One Dollar ($1,00) and
other good and valuable consideration, receipt of which is acknowledged, does hereby grant,
remise and forever quitclaim to the City of Bozeman, a municipal corporation of the State of
Montana, 411 ,E, Main, Bozcman, MT 59771-0640, GRANTEE, its successors and assigns, a .
perpetual easement to lay, construct, operate, and maintain public utilities with the usual services,
valves, connections, accessories and appurtemmces for tI:.e purpose of providing public water,
sewer and utility service in, through, and across a strip of land situated in Gallatin County,
Montana, to be located on the following described rcal property,
A tract of land situatcd in the Southwest 1/4 ofthc Southeast 1/4, Section 24, Township 2 South,
Range 5 East, P,M,M., Gallatin County, Montana, more particularly described as follows:
Beginning at the South 1/16 corner of said SE 1/4, Section 24, said point lying on south
line of the SE 1/4 and the east line of said SW 1/4, SE 1/4, Section 24, also being the
centerline of South Third Avenue;
Thence along the south line of said SE 1/4 Section 24, and the south line of the tract
described in Certificate of Survey 482, South 890 37' 13" West, a distance of 1329,54 feet
to the southwest corner of said tract;
Thence along the west boundary of the SW 1/4, SE 1/4, Section 24, also being the west
linc of the tract described in Certificate of Survey 482, North 000 12' 52" East, a distance
of 990,22 feet to the northwest corner of said tract;
Thence along the north boundary of the tract described in Certificate of Survey 482,
North 890 37' 41" East, a distance of 1328,80 feet to a point on the east line of said S\V
1/4, SE 1/4, Section 24, also being the centerline of South Third Avenue;
Thence along said east line and said centerline, South 000 09' 49" West, a distance of
989,96 feet to the True Point of Beginning;
Containing 30,21 acres, more or less,
SPECIFIC EASEMENT DESCRIPTIONS AS FOLLOWS:
PARCEL 1
Commencing at the South 1/16 corner of said SE 1/4, Section 24, thence along tbe cast
line of said SW 1/4, SE 1/4, Section 24, North 000 09' 49" East, a distance of 289.49
feet;
Thence West, a distancc of 50,0 feet to a point on the west easement line of South Third
Avenue, said point also being the True Point of Beginning for a 30,00 foot wide
easement, the centerline being described as follows:
fIlM 159PACf1729
Thence North 900 00' 00" West, a distance of 73,89 feet to POINT "A";
Thence South 000 13' 10" West, a distancc of 129,95 fcct;
Thence North 900 00' 00" West, a distance of 220,08 fect;
Thencc North 300 00' 00" West, a distance of 421.96 feet to POINT "B";
Thencc North 30000' 00" West, a distance of112,66 fect;
Thence North 150 00' 00" East, a distance of 55.43 fcct;
Thence North 330 35' 00" East, a distance of 35,64 feet;
Thence North 450 00' 00" East, a distance of 211.37 feet, to a point on the south linc of
a 30,00 foot wide public street and utility easement;
Thc sidelines of said casement being shortened or lengthened so as to begin on the west
eascment line of South Third Avenuc and end on the south easemcnt line of the 30,00
foot widc public strcet and utility easement and to meet at angle-point intersections;
Containing 40,382 square feet, morc or less,
PARCEL "A"
Commencing at POINT "N', thence North 000 13' 10" West, a distance of 15,00 feet to
the Tru~ Point of Beginning for a 30,00 foot wide casement, the centerline bcing
described as follows:
Thence North 000 13' 10" West, a distance of 16,27 feet;
Thc sidelines being shortened or lengthened as rcquired to meet at angle-point
intersections with PARCEL I,
Containing 488 square feet, more or less,
PARCEL "B"
Commencing at POINT "B", thence South 600 00' 00" West, a distance of 15,00 feet to
the True Point of Beginning for a 30,00 foot wide easement, the centerline being
described as follows;
Thence South 600 00' 00" West, a distance of 30,00 feet;
Containing 900 square feet, more or less,
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fILM 159PACE17JO
PARCEL 2
Commencing at the South 1/16 corner of said SE 1/4 Section 24;
Thence along the east line of said SW 1/4, SE 1/4, Section 24, North 000 09' 49" East,
a distance of 897.15 feet;
Thence West, a distancc of 50,00 fcet to a point on the wcst eascmcnt line of South Third
Avenue, said point also being the True Point of Beginning for a 30.00 wide casement, the
centerline being described as follows:
Thence South 310 33' 52" West, a distance of 274.49 feet to a point on a line having a
bearing of North 300 00' 00" West, said line being 5,00 feet from and parallel to the
proposed face of the middle school wing;
Said lines being shortened or lengthened as required to begin on said west easement line
and end on said linc parallel to the building wing;
Containing 8236 square fcet, more or less,
All centerlines are as shown on the attached Exhibit A which by this refcrence is made a part
hereof,
The grant, remise and quitclaim 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 otherwisc by a route causing the least damage
and inconvenience to the GRANTOR(s) in order to survey and establish the route and location
of the easement and thc utilities and to:
1. Construct, operatc, patrol, repair, substitutc, remove, enlarge, replace, and maintain thc
utility services, connections, accessorics and appurtenances;
') Trim, remove, destroy, or otherwise control any trees and brush inside or outside the
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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 utility,
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 whieh is subject to this easemcnt to the extent GRANTEE
may find reasonable necessary; and
4. Support the utility across ravines and water courses with structures which GRANTEE
deems necessary,
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filM 159?Atf17Jl
The GRANTEE agrecs that:
1. That, in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said utility, it will rcpair or replace,
at its sole expense, or pay to GRANTOR(s) the reasonable value of any damages to
growing crops, existing fences, ditches and other appurtenanccs of said land that may be
disturbed by its operation,
2, That, during operations involving excavation, it will rcmovc the topsoil from the trenched
arc a to a depth of one foot, or to the full depth of the topsoil, whichever is less, and
stockpile said top soil for replacement over the trcnch, It will remove from the site any
lar >~ rocks or surplus excavating material or any debris that may have been exposed by
the excavation and remains after backfilling and compaction is complcted, And, it will
leave thc finished surface in substantially the same condition as existed prior to the
beginning of operations, cxcept that the surface of the trench in landscaped areas may be
mounded sulIiciently to prevent the formation of dcprcssions after final settlement has
taken place,
3, To lay, construct and maintain said utility 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 GRANI'OR(s) agree 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, At no time will they modify the finished gradc of the land over the utility by removal of
existing soils or by placement of fill material within the boundaries of said easement without the
prior written conscnt of the GRANTEE.
3, Thc GRANTOR(s) 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 forcver defend the title to this property against the claims of all persons,
4, The GRANTEE may peaceably hold and cnjoy the rights and privileges herein granted
without any interruption by the GRANTOR(s),
The terms, covenants and provisions of this easement and agreement shall extend to and bc
binding upon the heirs, executors, administrators, personal representatives, successors and assigns
of the parties hereto,
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f'l~ 159PACf1732
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" /0 day of ;JU~
DAT'ED this , 1995
GRANTOR:
By ~~C ~~~
(Title) ~je;'>.lJa,...f
Bozeman School District No, 7
STATE OF MONTANA )
:ss
GALLA TIN COUNTY )
On this /6:> day of (J-tiT~ , 1995, before me, a Notary Public for the State
of Montana, pcrsonally appeart;;,d( ~bUA./4/ (! ,~,~!u..i';/ , known to mc to be the
person whosc name is subscribed to the foregoing instr11ent and acknowlcdgc to me that he/she
executcd the same,
.\I\\lI"'IIt/11 _e~J.A IJcL66<"1j
",II. W A.11'tl
(SE~ {~"-;-, l. ,r/'"
't..,., '.',.......110.. .~.,...)"
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,~.., "\ 1'1?', ~~~ Notary Public for the State of Montana
-t:~ .".. ~~ .,,,,. '~;,
z e..,'':'" "1 \ ':: rc:;iding at Bozeman, Montana
::' '" .,!""'"'! :'; .1 IJ
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\: \.: ):) ":,/ My commission expires ;7- 19-<'/';
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· nL~ 159r~n1733
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GRANTEE:
CITY~OZEMAN " { J ~
) , I,
By: -~.,.~,~<:.... \~ ~~"
Ja es E, Wysocki
City Manager
ATTEST:
@:J~
Clerk of the Commission
STATE OF MONTANA )
ss,
County of Gallatin )
On this ~ R&.. day of J u L ~ ' 1995, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared JAMES E,
WYSOCKI and ROBIN L, SULLIVAN, known tD me to be the City Manager and Clerk of the
Commission, ','es;Jectivc1y, of the City of Bozeman and the persons whose names are subscribed
to the within instrument, and ac!mowledged to me that they executed the same for and on behalf
of the City of Bozeman,
"'- "I'" A'c )
J_,~;;;':"('~ -:. .,i". L,
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~,., .;Sl \ '>T~ ':.', I ~ 1 ~i:
~. ' ..~ .. Notary PublIc for t e S ate of Montana,
, ~:~ (~ ' '. :~ L} " residing at Bozeman,Montana,
. .ft ". '-" j..... -'.:........ My commission expires ~ I \ J '714-
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. OF \/,
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h: \225 8\006\pipeline
June 9, 1995
PUBLIC UTILITY EASEMENT
A TRACT OF LAND LOCATED IN THE SE. 1/4, SECTION 24 nut 159PACft'134
TOWNSHIP 2 SOUTH, RANGE 5 EAST, P,M,M,
.. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
FUTURE LOCAL STREET
II
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DATA TABLE '--------------------- 20' I G) I
LINE DIRECTION DI5T ANCE I I
1 NOO"09 49 E 289.49 UllUTY EASalENT I
N,A.P, I
2 N90'OO 00 W 50,00
3 N90'00 00 W 73,89 I
4 500i310 W 129,95 I
5 N90'OO 00 W 220,08 I I
N 0'0 00 W ,9
7 N30'OO 00 W 212,66 ----------------------:r-.,...--+
8 N15'OO 00 E 55,43 ~ I
9 N33"35 00 E 35,64
10 N45'00 00 E 211,37
11 NOOi310 E 15,00 FUnJRE BLACKWOOD ROAD
12 NOOi310 E 16,27
13 560"0000 W 15,00 POINT OF COMMENCEMENT
14 560'0000 W 30,00
15 N89'SO 11 W 50.00
16 531'3352 W 274,49
Morrtaon~ ~
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EXHIBIT " A" -- tol ~.J"w.
ao-. MT """1-Uta
...... I_I lII7-GT11
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rl~~ 159fACf1735
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1/
:~1715'1
Ctdtt 01 Itontana } IS
County of Gallatin '
HIe(j DECEMBER 29 ,19 95 ~!
at 4:04 p M.. and
Recorded in book 159 of g~
MISCELLANEOUS Page-1..1.2.B ~i
Shellay II. Cb..,
Counb' tlerk & Recorder
'9yqflnA~ J~1- Ii
.... 48.00 -
RT: CITY OF BOZEMAN, PO BOX 640, BOZEMAN MT 59771