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Home My WebLink About98- Sanitary Sewer And Water Pipeline and Access Easement Agreement - Pearson . . Rcc'r-'/"r' II..q, L V cDS E P 0 2 1998 . 198 P~~t39Gl . tIl~ SANITARY Sfl:WI(R ANI) WATER PIPELINE ANn ACCfi:SS EASEMENT AGREEMENT Robert C. Pearson and Marcia A. Pearson, of 110 Sunset Boulevard, Bozeman, MT 59715, and Farmhouse Partners - Bozeman Limited Partnership, of P.O., Box 1746, Hozeman, MT 59771- 1746, 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 Street, P.O. Box 640, Bozeman, MT 59771- 0640, the 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 city sewage and water in, through, and across a strip ofland situated in Gallatin County, Montana, of variable width, to be located on the following described real property: Lots 2, MINOR SUBDIVISION NO. 162, and Lot 3, MINOR SUBDIVISION NO. 162A, according to the plats thereot: on file and of record in the ofTice of the Clerk and Recorder, Gallatin County, Montana, and located in the SE V4 of Section 8, T2S, R6E, P.M.M., and containing 4.997 acres. The Easement is more particularly shown and described on the attached Easement Exhibit which by this reference is 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 ofthe 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 main and sanitary sewer ~- . . . fILM 198MtJ9~ pipeline(s), it wIll repair or replace, at Its sole expense, or pay to GRANT () t e reasonable value of any damages to b'Towing 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 ofbackfilled 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(S) agree 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) At no time will they modify the finished grade ofthc land over the pipelinc 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) The GRANTOR(S) warrant that they are lawfully seized and possessed of the real property described above, that they have a lawful right to convcy the property, or any part of it, and that they will forever defend the title to this property against the claims of all persons. (4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein b'Tanted without any intermption by the GRANTOR(S). The Terms, covenants and provisions of this easement and ab'Tcement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. OA TED this . d .A-<!. day of <C;:G~t-, btr/'-' ,1998 ... / .....~-_. GRANTORS: SIGNED:~ (' ~ . ...-..-.---- ~-~,~ Robert C. Pearson MarCIa A Pearson . FARMHOUSE PARTNERS - BOZEMAN LIMITED PAR'rNERS~~M 198 PACtJ90S By: FARMHOUSE PART RS, LIMITED PARTNERSHIP, general partner ::_~NEY CO NY, general partner .--. ST ATE OF MONTANA } } ss, COUNTY OF GALLA TIN } On thisL day of .Se.p~~ , 1998, before me, a Notary Public in and for the said State, personally appeared Robert C. Pearson and Marcia A. Pearson, known to me to be the persons whose names are subscribed to within this instrument and acknowledged to me that they executed the same. In witness whereof, I have hereunto set by hand and affixed by official seal the day and year first above written, ,\\\\I.\"..\::,'i\11iilllli/I/11111 ~.a~L. ~n_.. "y:"', DeH~ '//11/11,' , G.""'" At 0 ,C>'qJ': ':'\AR!,<j'" ;/~ JJ..:::~O . < ....... \~ NOTARY PUBLIC FOR THE STATE OF MONTANA . . LE~L' - Residing at ~~~ " ~ S E - ~ ~ ., . . -" "- . - ;:~ ."." . . ~ My Commis . ires / tJ -.;1:<, -'79 .:\'..... ,,<~,l ST A TE OF MONT ANA } /;J:7;:rrr:' n~ ~.~\)~ >~:; } ss. .' ':', :'.',.:~ : :~i:\ ': "l~\\\\"\\\\\' COUNTY OF GALLA TIN } Onthis_i<_dayof ~M?~ , 1998, before me, a Notary Public in and for the State of Montana, personally appeared Wilham C. Dabney lll, president of the Dabney Company, a Montana Corporation, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same, for and on behalf of said corporation. In witness whereof, I have hereunto set by hand and affixed by official seal the day and year first above written. \\\\\\l\\\IIII;JlliJJII/ ~ . L.~ "",\\\\ D e H~/I'I/III/ ...,-'\' 1- ~. G' ........ At '% ." J' " AR" "" ~ .......,. ,....... .,.,,- -., ,.--., /;"~:~'\ " ,/"'l/..... '\ NOT AR Y PUBLIC FOR THE STATE OF MONT ANA l' :,: __,AL. \ 1~ Residing at .~~ __ ~ ~ SEl\L: ~ My Comrnis . n pires /0 ~ d~ -99 . . - .," --'~. '\ <.i;""" ..... ~~~,;/ '';;,., :?,;17{nt:'~\J~ ;;.". ".':.;~", ";,~.' ';,... I . '~i \ \ \:\ \\\\\\\\ \\\ . . . ACCEPTED: __ __\ 1. t___. . ...-. CITY OF BOZEMAN, by its City Manager FIlM 198 PACE390f) ~ST ~L --. Clerk of the City Commission STATE OF MONTANA } } ss. County of Gallatin } On this(;/!.i;C- day of .<h-A'J A/~ "...~....______._, 1998, before me a Notary Public for the State of Montana, personally appeared Clark Johnson and Robin L. Sullivan, known to me to be the City Manager and Clerk of the City Commission, and known to me to be 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 witnestereOf, I have hereunto set my hand and affixed my seal on the day and year firs! writte: ab, v~;t ,,' . C,IL. .-t:{/7/,' --",~,~-:?[.t~ . ///1 O! ~RY PUBLISP:R THE S::5E OF MONT ANA SEAL: ResIdmg at ,; 1",-:';;//-;l'(--t'~ My commission ~X"pitls t, /iy---:;J 9 .. g: \c&h \98\98069.. 2 \otlicc\easernenl2 . , " " ;;r~te~'~ Lot 3A. "" -: EASEMENT EXHIBIT fiLM 198 p~nJ907 Minor Sub No. 162A r-." ,\ COMSTOCK APARTMENTS Lot 2, Mi~or' ~ division No. 162, and Lot 3A, Minor Subdivisi.on No. 162A, located in e SE 1/4 of Section 8, T. 2 S., R. 6 E., of P.M.M., w II ",""'" ....... Gallatin County, Montana w "....... ' I " 1;, , no , '(';: '-... ' I ' 1;,;, " vi I (sf ~ f.9o .. 0;-"'" " '" I '.?:/~':2> <Ot....... '/ . >.~&~ J....... , >-, I '~(->' i -1/;""" " ro ,," I,., , , I '^ q......... '- ~ ~ ~....... '- Vl I ",e:- ... '- . +.;...... " / ~ I f:' ",<:- , O. ,,/ , .,'" I!' ,'rt >.. ,,/ _ I tJ> ",'" ,'<-1 '-.J' uJ I ....-\ tJ> , '- ~ v~ .'~-\ [S34'5S'37"W] ) > , o I ..::} 214'55'37" _"'______L '- ~ I ..? c, 11,88 --;---L_ " -!,OINT OF BEGINNING 0= I 'V (~ ' 3' ," ' I " I I I ,~ ' f--20' Utility Easement LOT 3A I ~ ...... ~ I 65,264 SO FT I I I M/ 1.498 ACRES I I I NOR I .~. I SUB I :::J;:]", <0 <0 Ol OF ADDITION _ L ~ ~ _ _ _ _ IJ / VI / ;::;::r;; AL UTILITY EASEMENT -.. -.. I S/ON I Ole?-/ o ...... I VJ n ' ~ __~_ " I I / " J:"-..J' _ _ ' I I t. of existing t ---.b '-.. It of Wa er moin and g <:1. . ',I I J 76 new easement tz,s. , .....t ;: /1 ~ -1----__ '<S 1---1 __ 'I w, ___ t,... /.,- no - - ~ - ~ ~ ~ -"..-- ~:.:lro I " ee.; I ~I ~I . ;.-,JJ \ " c" 3: P 9g "............ _ :" I . [S89'18'21"E] og", I ,I ~I 156,35 00 I 'I ~:m ----- 2S ' FI 2; I ' , I ~ I ~I 1 ~ ---~~~ I NOD I 'i'1 ~-~-~~~~~~- I Irs U ..J ~ ~ 0 10' I BIl/ l0 I N N~I Existing 30' UtT U 'IS ,-'-2 per 60 F 7~9r Ity Easement I I 10 I (l;,';!;'" m ;) I IV I ~f , I LOT 2 I ~ 3:, N Scale In Feet I / V1 0 0 50 I 153,009 SO FT /15/111 . 76 . '-~ 3,513 ACRES I I / ..-. I I - 15 0 15 , I 1 Scale In Meters I I 1 Existing 30' Utility Easement 1 I I per 89 Fm 3962 .1 :--~-==============- I I I~--~--~-~~-~--'"\~- LEGAL DESCRIPTION An Easement for public utility purposes over, under and across the following described property: Lot 2, Minor Subdivision No. 162, and Lot 3A, Minor Subdivision No. 162A, according to the plats thereof, on file and of record in the office of the Clerk and Recorder, Gallotin Caunty, Montana Said Easement is that part of said Lots 2 and 3A lying easterly of the easterly line of the existing utility easement acrOSS said Lots 2 and 3A. according to the easement document filed as Film 60, Page 759, and lying westerly of a line distant 10.00 feet easterly from and parallel with the following described center line: Commencing at the most northerly corner of said Lot 3A: thence southeasterly 127" 22' 48", ossumed ozimuth from north, 290,27 feet along the northeasterly line of soid Lot 3A to the point of beginning of the center line to be described: thence southwesterly 214" 55' 3(' azimuth 11,88 feet; thence southerly 18T 16' 23" azimuth 137,97 feet; thence southerly 184" 12' 22" azimuth 205.00 feet and there terminating. CiI'H - ENGINEERING AND ~ SURVEYING, INC. . Ciril Entin..riD, . structural Entin..riD, . Land Surn,m, 614 West Larome Street (406) 587-1115 3 9 2 0 15 Bozeman, Montana 59715 FlU; 406 587-9768 fl98069.2(E) Stlte of Molll., COlllty of Gallatin." Filed for record MAY 28 19 99 ,- at 2: 30 P. M., and recorded in Book l..9~ of MISCELLANEOUS page 3903 a;I(.~ ~ Recorder. By ~f-'1 ~ _" Deputy FEE: $30.00 RT: CITY OF BOZEMAN