HomeMy WebLinkAbout18- Sewer and Water Pipeline and Access Easement and Agreement - MSU Innovation Campus Partners - Advanced Research Laboratory " turn to:
k-Aty of Bozeman 2630100
Cry Clark
PC Box 1 230 Page: 1 of 5 10l25/2018 04:23:40 PM Fee: $35.00
�3c�zaman, MT 59771-1230
Charlotte Mills - Gallatin County, MT MIS.
PLATTED
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
MSU Innovation Campus Partners,the GRANTOR(S), in consideration of One Dollar($1.00)
and other good and valuable 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
59715, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and
maintain sanitary sewer and domestic water pipelines with the usual services, valves,
connections, accessories and appurtenances for the purpose of transmitting
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: TRACT C-lA OF THE AMENDED
PLAT OF WEST COLLEGE MINOR SUBDIVISION# 195A SITUATED IN THE NE 1/4
SECTION 14, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN
GALLATIN COUNTY MONTANA.
The easement is more particularly described on the attached Exhibit A 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(S) in order to survey and establish the route and location of the
easement and the pipeline and to:
(1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the
pipeline, services, connections, accessories and appurtenances;
(2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the
boundaries of the 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 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 courses 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 of said water and sewer pipelines, 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 other appurtenances of said land
that may be disturbed by its operation.
(2) That, during operations involving excavation, it will remove 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 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.
THE GRANTOR(S) AGREES:
(1) At no time will they build, construct, erect or maintain any permanent structure within the
boundaries of said easement without the prior written consent of GRANTEE.
(2) At no time will they modify the finished grade of the land over the pipeline by removal of
existing soil or by placement of fill material within the boundaries of said easement
without the prior written consent of the GRANTEE.
(3) That where the subject improvements are not located under improved public or private
streets or other provided access, a 12 foot wide all-weather access road may be
constructed within the easement where at the City's discretion such access is required for
operation and maintenance purposes.
(4) The 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 forever defend the title to this property against the claims of all
persons.
(5) The GRANTEE may peaceably hold and enjoy 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 be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns of the parties hereto.
DATED this � dayof T , 20 7
Ile
GRANTOR
INDIVIDUAL
STATE OF MONTANA )
ss.
County of Gallatin )
On this Z day of ��u) , 20_1 before me the undersigned, a
Notary Public for the State of Montana, personally a eared L GILD_ Boca ►2 ,
at`��+tc.SRx��,p�pW NM$V T.VWa -vo7. J
known to me to behhe person whose name is subscribed to the;ithin instrument and mac
acknowledged to me that he executed the same. `R� �S
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year above written.
`,\y�SEE sTgyo�' CHRISTIE LErE Public DIFORD
(SEAL) _U.NoTARig4:v_for the state of Montana
- v-
* —— ,; Residing at:
N SEAL.
.2e; Belgrade, Montana
'�9TFOF O*,e" My Commission Expires:
March 26,2019
Notary Public for the-State of T4,6ntana
C 140,I)N6 LF G STA)aVDr 7iC O
(Printed Name)
Residing at NI,-a& JUT
My Commissioexpires G 3 /_,,gL/20 j
CORPORATE
STATE OF MONTANA )
) ss.
County of Gallatin )
On this day of , 20 , before me the undersigned, a
Notary Public for the State of Montana,personally appeared, ,
known to me to be the of
and the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the within instrument for and on behalf of
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing in
My Commission Expires / /20
ACCEPTED:
> > CITY OT'`BT
E AN
pg�BOZ� jD�j�
y Mana veg ,t v r 1 r8s
ATTEST:
City C erkin •,__ 3- •�� .
1 f • . . •s ti
STATE OF MONTANA ) �
ss.
County of Gallatin . )
On this � ,,- - day of c�4 , 2_a, before me, a Notary Public for the
State of Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, known to
me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names
are subscribed to the within instrument, and acknowledged to me that they executed the same for
and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day
and year first above written.
(SEAL)
BRENDASWEENEY
. - y Notary Public
mQ NoUftoi for the State of Montana
NotaryPublic for the State of ntana * *= Residing n
SEAL. Bozeman, Montana
y'� OF M� My Commission Expires:
yN,,. ,,��d' December 02,2018
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: L X�/20 P?
EXHIBIT A
A SEWER AND WATER PIPELINE AND
ACCESS EASEMENT TO THE CITY OF
BOZEMAN IN,THROUGH AND ACROSS
TRACT C-IA OF THE AMENDED PLAT OF
WEST COLLEGE MINOR SUBDIVISION#
195A, SITUATED IN THE NE a SECTION 14,
/ TOWNSHIP 2 SOUTH,RANGE 5 EAST,
PRINCIPAL MERIDIAN,GALLATIN
/ ^ COUNTY,MONTANA.
pG �O Commencing from the Southeast Corner of said
GNNOv 33 a �� Tract CI-A of The Amended Plat of West College
le 330 p0 � 0 32 Minor Subdivision#195A,thence N.0°05'19"E.a
R= 6' distance of 186.02 feet to the Point of Beginning;
L 5 23,g2" / D' thence N.89°54'41"W.a distance of 31.96 feet,
p= f thence S.0°01'59"W.a distance
— I of 22.74 feet,thence N.89°58'01"W.a distance
of 30.00 feet,thence N.0°01'59"E.a distance
of 22.77,thence N.89°54'41"W.a distance
of 11.22 feet,thence N.0°05'19"E.a distance
of 30.00,thence S.89°54'41"E.a distance of 11.19,
thence N.0°01'59"E.a distance of 239.50 feet to
the south right-of-way of Technology Blvd.thence
along a curve to the left having a radius of 330.00
feet,a central angle of 5°23'32",for and arc length
of 31.06 feet,thence S.0°01'59"W.a distance of
247.52 feet,thence S.89°54'41"E.a distance of
o 31.99 feet to the east line of said Tract C1-A,
r` I Sewer and Water thence S.0°05'19"W.along said east line of Tract
co
c�N Easement per Doc.# Cl-A a distance of 30.00 feet to the Point of
W I 2214106 / Beginning.
-
Z C) I
30' I / SURVEYOR'S CERTIFICATE
S89°54'41"E I S89°54'41"E I Jon C.Wilkinson,Professional Land Surveyor,
11.19' 31.99' License No.16411LS,do hereby certify that I
conducted this easement survey.
S0°0511911W Dated this /OS day of S7_ 2018
NO°05'19"E I 30.00'
P
30.00' 01
P•O•B• Jon C.Wilkinson, LS,CFedS
N89°54'41"W I MT Reg.#16411LS `\\\\\\111�ftiiltriil/;'/
11.22 N89°54'41"W Morrison-Maierle
NO°01'59"E 31.96'
f
22.77'
SO°01'59"W wt"
N89°58'01"W I 22.�14' rLi�.i'�
30.00' 140. 1 6 i
i 1 LS
A OF
C (,�- E� w I I Sewer and Water .%�,t�y '�7CEIN'-'c;.` :\`
TRAE AMEN OF EgT o I 2214106 Easement per Doc.# //v111';Z�i IL IN�+� ,\\\`
pLAT E INOR Z
GOLLF SOON# 95A
SLjBoI
W. GARFIELD ST.
( IN FEET )
Morrison v 1 Engineering Place DRAWN BY: JCW EXH IBIT A PROJECT NO.
Helena,MT 59602
Phone:406.442.3050 FAD WK BY: JW BOZEMAN MONTANA1552.064
Maierle CHK BY: KW
SHEET NUMBER
•www. .net DATE:07/2018 SEWER AND WATER PIPELINE AND FIG A
engineers•surveyors•planners.scientists COPYRIOMT0MQRRISON ERLE.IN0.6418 ACCESS EASEMENT
N:\1552\064-Applied Research Lob1ACAD\Survey\EXHIBIT.dwg Plotted byjon c.wllklnson on Aug/10/2018