HomeMy WebLinkAbout19- Sanitary Sewer and Access Easement and Agreement - Great Northwest Construction, Inc. - North 7th Avenue Audrey's Pizza Site Plan Modification RETURN RECORDED DEED TO: PLATTED 1
Bozeman City Clerk
PO Box 1231
Bozeman,MT 59771-1231
2639269
Page: 1 of 4 03/05/2019 01:09:50 PM Fee. $28.00
Eric Semerad - Gallatin County, " MISC
I IIIIII IIIIII III IIII MIN IIIIII IN1111111111111111111111111111111111111111111 IN
SANITARY SEWER AND ACCESS EASEMENT AND AGREEMENT
Great Northwest Constriction,Inc.,a Montana Corporation, 1929 Bozeman Trail,Bozeman,MT
59718, the GRANTOR, in consideration of one dollar and other good and valuable
consideration, receipt of which is acknowledged, does hereby grant to City of Bozeman, 121
North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal Corporation of the
State of Montana, GRANTEE,its successors and assigns, a perpetual easement to lay, constrict
and maintain sanitary sewer pipelines with the usual services,manholes,connections,accessories
and appurtenances for the purpose of transmitting sanitary sewer in,through and across a strip of
land situated in Gallatin County,Montana, 10 feet wide to be located on the following described
real property:
Lot 5 and the South 45 feet of Lof 4; Block 2; North Seventh Addition to Bozeman,
according to the plat thereof,on file and of record in the office of the Clerk and Recorder,
Gallatin County,Montana,and located in the Northwest Quarter of the Southeast Quarter
of Section 1,T.2 S.,R.5 E.of P.M.M.,City of Bozeman,Gallatin County,Montana.
The easement is the east 10.00 feet of the above described property, and is more particularly
shown on the attached Exhibit A,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 of 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,manholes,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
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said sanitary 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 he 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 fi-om 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.
I THE GRANTOR(S)AGREES:
(1) At no time will they build,construct,erect or maintain any permanent stricture 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.
(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.
QDATED this?T day of �918o�7�Q
GRANTOI,,qeat Northwest Constriction,Inc.
By: Stev\ c el,Presi nt
STATE OF MONTANA )
)ss.
County of Gallatin )
Thisnstrument was signed or acknowledged before me thisaZ_day of ta0-j
201,8,by Steve Schlegel as President of Great Northwest Construction,Inc.
(SEAL)
""�L�Ro"' LISA L ROWELL
Notary Public for the State of Montana/ .��J•' ' �-; Notary Public
y� _ :NOTAR/q�. :for the State of Montana
Printed Name: i'f' ^*: "— •* Residing at:
Residing at !�j iuj;.SEAL.�v, Manhattan, Montana
My Commission Expires / /20�Q '-9 P,:
,,, pF ,, My Commission Expires:
�•,.�.� ��°' November 24,2020
DATED this-- day of ,201
ACCEPT -CITY OF ZEMAN
By:Andrea Surratt its Cit Man b r ,�7`® ' $O2�1�'.
ATTEST: .� „ �• y'+
��A—
By:Robin Crough,it Clerk • J �''��.'
STATE OF MONTANA
)ss. Cd,
County of Gallatin )
On this Z S4�) V-
day of before me, a Notary Public for the
State of Montana,personally appeared ANIJREA SURRATT and ROBIN CROUGH, known to
me to be the City Manager and City Clerk,respectively,of 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 ty X hand and affixed my Notarial Seal the day
and year first above written. "aA S"F�, BRENDA SWEENEY
W
L�. Notary Public
m.'�o AR�q��c for the State of Montana
I.-An X)11 * * Residing at:
SEAL Bozeman, Montana
Notar blic for the State of ntana =% ;A' My Commission Expires:
Printed Nan „ ,,,, `P December 02,2022
Residing at
My Conunission Expi l 120_
U
�I
I
LEGEND EXHIBIT A
PROPERTY BOUNDARY LINE SANITARY SEWER AND ACCESS EASEMENT AND AGREEMENT
SURROUNDING PROPERTY LINE ACROSS LOT 5 AND S. 45' OF LOT 4, BLOCK 2, NORTH
— EASEMENT LINE SEVENTH ADDITION TO BOZEMAN
i \\�`7 LOCATED IN THE SE 1 4 SECTION 1, T. 2 S., R. 5 E. OF
�, PROPOSED EASEMENT
P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
AREA OF EASEMENT:
1 ,947 Sq. Ft, 0.0240 Ac FOUND 5/8" REBAR W/
100 YELLOW PLASTIC CAP (ILLEGIBLE) L —
DOWN 12". O
CORN R SET AT PRO—RATED DISTANCE- BRASS CAP MONUMENT BOX (W. TAMARACK STREET) _
BE EEN MONUMENTS IN MONUMENT I o
BOXES. SEE SURVEYOR'S NOTE. 225.19 001°18'01" (M) I —
N w �[N1°18'01"E] LOT 3FOUND CORNER IS POSITION
SOUTH OF 10 10 —
PRO-RATED POSITION BUT WAS
0 ACCEPTED AS THE PROPERTY CORNER
45.21 001°21'27" (M)
W o �S88'�5'aa"E] — --- — I [N1°21'27;"E]
> o 5 ��6.59�T91' 4'05" (M) I
Q 0 181.59 ;
5.00 Q' �� I
: LOT 4 20' VACATED ALLEY 1�nn
�e
Z `. Q� PER ORDINANCE NO. !�
W N ^ LOT 5 QC THE 94 APRILM173 1974 51 r
> o w o SOUTH 45 00 ro CD
LLJ
00 '0 � �
p 20,643 Sq. Ft. so , O
O 0.4739 Acres
Sbale In Feet F' J �,O 5' WIDE EASEMENT CONVEYED TO �hh o0 444��� 0 Q
40 0 40 CITY OF BOZEMAN PER J
O U DOC. NO. 2096545 PROPOSED 10' O 2
Z o OT 5 UTILITY EASEMENT
12 0 12
Scale In Meters 5.00 X, 69.97 271'16'33" (M)
181.86 10.00 [N88'43'27"W]
/.
196.86 271'08'06" (M)
30.00 001°18'01 (M)
[N88`51 '54"W]
Engineering and Surveying Inc.
WEST ASPEN STREET
1091 Stoneridge Drive•Bozeman,MT 59718 BRASS CAP MONUMENT BOX (W. ASPEN STREET)
CAP
Phone(4061 587-1 11 5•Fax(406)587-9768 5/8" REBAR W/ NO
www.chengineers.com-info@chengineers.com (SE CORNER LOT 6A) #180097