HomeMy WebLinkAbout97- McGough Public Access and Utilities Easement, 1997
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PUBLIC ACCESS AND UTILITIES EASEMENT
STEVE MCGOUGH, of Bozeman, Montana, GRANTOR, in consideration of One Dollar ($1.00)
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 Street, Bozeman,
Montana 59771-0640, GRANTEE, its successors and assigns, a perpetual easement to lay, construct
and maintain water and sewer pipelines with the usual services, valves, connections, accessories and
appurtenances for the purpose of transmitting water and wastewater in, through, and across two (2)
strips ofland of varying width, situated in Gallatin County, Montana, and located on the following
described real property:
A tract of land being described on a warranty deed from E. Donalene O'Neil and
Anita L. Kristensen to Steve McGough, said deed being recorded on Film 156 Page
757 in the Gallatin County Clerk and Recorder's Office, more particularly described
as follows: All that part of the South Half of the Northwest Quarter (SI/z, NW 1;4) of
Section Eleven (11), Township Two (2) South, Range Five (5) East, P.M.M.,
included within the following metes and bounds, to-wit: Beginning at a point on the
South line of said SlIz, NW 1;4, said point being 2184.83 feet East of the Southwest
corner of said S12, NW 1;4; thence West along the South line thereof a distance of
130.57 feet; thence North a distance of 1334.56 feet, more or less, to a point on the
North line of said S12 NW14; thence East along said North line thereof a distance of
130.57 feet to a point located 2227.83 feet East ofthe Northwest corner of said Sl/z,
NW 1;4; thence South a distance of 1334.43 feet, more or less, to the point of
beginning. As recorded in Book 115 of Deeds, page 128 records of Gallatin County,
Montana,
And also, that part of the South Half of the Northwest Quarter (SlIz, NW 14) of
Section Eleven (11), Township Two (2) South, Range Five (5) East of P.M,M"
included within the following metes and bounds, to-wit: Beginning at a point on the
South line of said S12 ofNW 1;4, said point being 2315.4 feet East of the Southwest
corner of said SV2 of NW V4; thence West along the South line of said quarter a
distance of 130.57 feet; thence North a distance of 1334.43 feet, more or less, to a
point on the North line of said SlIz of NW lit; thence East along said North line
thereof a distance of 130.57 feet to a point located 2358.4 feet East of the Northwest
corner of said SlIz, NW 'I4;thencc South a distance of 1334.31 feet, more or less; the
point of beginning, being the East half of the Eight (8) Acre Tract as recorded in
Book 80 of Deeds, page 72, Gallatin County records. As recorded in Book 116 of
Deeds, page 30, records of Gallatin County, Montana.
'fhe easement is more particularly described on the attached Exhibit A which by this
rcference are made a part hereof.
This grant includes the right of the GRANTEE, its succcssors, permittee, I icensees, and
assib111s and its and their agents and employees, to enter at all times upon the above described land
by using existing roads or trai Is 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
pipeline and to:
(I) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the
pipeline, services, connections, accessories and appurtenances;
(2) Trim, removc, destroy, or otherwise control any trees and brush inside or outside the
boundaries of the casement which may, in the opinion of the GRANTEE, interlCre or
threaten to interfere with Of 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 pipeline across ravines and water courses with structures which GRANTEE
deems necessary.
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Fll~ t 74rt~Cf 1902
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TIlE GRANTEE AGREES:
(I) 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 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 cxcavation, it will remove the topsoil from the trenched
area to a depth of one foot, or to the full depth ofthe topsoil, whichever is less, and stockpile
said top soil for replacement over the trench. It will remove from the site any large rocks
or slITplus 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 pipcline in such a 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 pcrmanent structurc within the
boundaries of said casement without the prior written consent of GRA NTEE.
(2) At no time will they modifY the finished grade of the land over the pipeline by rcmoval of
existing soil or by placement of fill material within the boundaries of said eascment without
the prior written consent of the GRANTEE.
(3) The GRANTOR warrants that he is lawfully seized and possessed of thc real property
described above, that he has a lawful right to convey the property, or any part of it. and that
they will forever defend the title to this propcrty against the claims of all persons.
(4) The GRANTEE may peaeeably hold and enjoy the rights and privileges herein !:,Yfanted
without any interruption by the GRANTOR.
The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs,
executors, administrators, personal representatives, successors, and assigns of the parties hereto.
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FlL~ t 74 p;~n 190.]
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DATED Ihis,30day Of~, 117
s;:::~L:t~~OR---- .... ~
STATE OF MONTANA}
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County of Gallatin }
On this ~30 day of L~u-, , 1997, before me, a Notary Public for
-~"._--'--
the State of Montana, personally appeared 1 eve McGough, known to me to be the person whose
name is subscribed to within instrument and acknowledged to mc that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year in this instrument first above written.
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NOT AR Y PUBLIC FOR THE ST ATE OF MONT ANA
Residing at l:~t2Llt [it-tV /(./~ r--
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\"~'~;:~\;:...' , CITY OF BOZE . ___ '
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Clerk ofthe City Commission
STATE OF MONTANA }
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Gallatin County }
On this /~ yP' day of , 1997, before me, a Notary Public
for the State of Montana, personally ppeared Ron Brey and Robin L. Sullivan, known to me to be
the Acting City Manager and Cl ' of the City Commission, known to me to be the persons whose
names are subscribed to the foregoing instrument and acknowledged to me that they executed the
same.
l~ WITNESS THEREOF, 1 have hereunto set my and affixed my seal on the day and year
first ~~ten aboWY1 ,'"
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.//NOTARY PUBLIC FOR THE STATE OF MONTANA
Re~idin,g at d: ,;",. j7C~/'--T-J
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EASEMENT EXHB/T A .
WHEELER MOBILE HOME PARK SUBDIVISION :
LOCATED IN THE S 1/2 OF NW 1/4, SEC. 11, T. 2 S., R. 5 E.
OF P,M,M., GALLA TIN COUNTY, MONTANA ~'
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GREENW A Y SUBDIVISION r- ~
EASEMENT NO. 2 I ~,
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LENGTH DIRECTION RADIUS L:. @ i~
<D 86.21 N 00-34-23 E' ~~
~ 58.14 154.83 21-30-57 @ ~'" ....."
@ 44.25 117.84 21-30-53 i
@ 90.00 N 00-34-23 E -,/ . .
@ 12.00 N 89-25-37 W
@ 20.00 N 00-34-23 E
(J) 12.00 S 89-25-37 E
@ 28.90 N 00-34-23 E
<ID 88.19 42.00 120-18-30
@) 4.72 S 89-25-37 E
@ 24.02 N 00-34-23 E .
@ 138.22 N 70-25-26 W
@ 9.30 N 00-35-24 E
.
@ 64.31 N 89-24-45 E
@ 99.10 S 70-25-26 E
@ 102.71 N 89-24-45 E
@ 31.01 S 00-34-23 W ~:
@ 79.02 S 89-24-45 W 15.SO
@) 16.87 S 00-34-23 W
@ 17.00 N 89-25-37 W
<2j) 211.61 S 00-34-23 W
@ 57.02 151.84 21-30-56
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@ 45.37 120.83 21-30-54 @
@ 85.44 S 00-34-23 W
@ 34,01 S 89-20-08 W
AREA=23.623 Sq Ft I Ii7\
0.54 Acres 'EY
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. if l3:B W LENGTH DIRECTION
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~ '" 1LI <D 149.33 N 00-34-23 E
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.. '"T:I \'o!/ <( ('j) 12.00 N 89-25-37 W
8 :;::. w @ 20.00 N 00-34-23 E
it to I @ 12.00 S 89-25-37 E
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~ ~ ~ 176.50 N 00-34-23 E
S' it @ 20.00 N 89-25-37 W
il? IS ([) 27.00 N 00-34-23 E
/g.. it. 34.00 @ 20.00 S 89-25-37 E
18.00 <ID 226.50 N 00-34-23 E
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~ @ ~ 12.00 N 89-25-37 W
::tl -""" [:rj @ 20.00 N 00-34-23 E
~ ~ @ 12.00 S 89-25--37 E
~ ~ 0 @ 130.61 N 00-34-23 E
~ -. ('j) @ 34.01 N 89-20-08 E
Scale In Feet @ 357.84 S 00-34-23 W -...,
1 00 0 1 00 @ 23.00 S 89'-25--37 E ~
II ~ I <D @ 27.00 S 00-34-23 W
30 0 30 ... @ 23.00 N 89-25-37 W !::j
> @) 365.17 S 00-34-23 W ~
Scale In Meters ~ ~ 34.01 S 89-26-41 W :-...
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;;; AREA=27,140 Sq Ft ~
C ...1L.JT ENGINEERING AND ~ r~- @ 0.62 Acres ...~
~ J..rJ.l SURVEYING, INC. : NB9'ZO'08"E \ ~~ West Babcock Street .t;:
I----- 2Q54.25 \ z
. Civil Engineering . Structural Engineering · Land Surveyfug West Babcock Street
614 West Lamme Street (406) 587-1115 ...,
Bozeman, Montana 59715 Fax: 406 587-9768 #96079(E2) .