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Home My WebLink About19- Sewer and Water Pipeline and Access Easement and Agreement - Delaney and Company, Inc. - Front Street Interceptor Return to: City of Bozeman City Clerk PC Box 1230 86zeman, MT 9 -1230 _ r 2657883 Page: 1 of 5 09/13/2019 03:39:34 PM Fee: $35.00 Eric Semerad - Gallatin County, MT MISG I IIIIIII IIIIII III IIII IIIIIII IIIII�IIII IIII IIIII IIII IIIII IIIIIII III IIIII IIIII�IIII III IIII SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Delaney and Company INC,the GRANTOR(S), in consideration one dollar and other good and valuable consideration,receipt of which is acknowledged, grant(s)to The City of Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sanitary sewer collection(sewer) and water distribution (water)pipelines with the usual services,valves, connections,accessories and appurtenances for the purpose of transmitting water and sewer 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: Lot 5 Minor Sub No.344 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 sewer and water pipeline(s), 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 6&day of A4q6f'14-- = INDIVIDUAL STATE OF MONTANA ) ss. County of Gallatin ) On this 'U day of vtL E 4- ,20 ,before me the undersigned, a Notary Public for the State of Montana; ersonally appeared ,'Ke a 4 , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) ��"""""""'��, SHEILA TINJUM Notary Public s :N0.rAR/,4�. for the State of Montana Residing at: SEAL. Bozeman, Montana Notary Public for State of Mont n� My Commission Expires: H,,,, �,,�,�o August 03,2023 (Printed Name) Residing at My Commission Expires / /20 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 OF BO A < >•, ,r B 14v1r ,IreA nYl/�1� y O.• • • • .�' City Manager ATTEST: City Clerk •. ��a3 .'�`'`, l��TIN CO �1��•. STATE OF MONTANA ) ss. County of Gallatin ) On this day of 4' , 2 i %', , 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) BRENDA SWEENEY PSw.F Notary Public mQ'%oTAAiA '. for the State of Montana Notary Public for the State of Montana *: -- * Residing at: ub,.SEAL Bozeman, Montana My Commission EkmTres: (Printed Name) " °, Dscombw 02 i52 Residing at Bozeman, Montana My Commission Expires: / /20 N:\2709-00218 Front St Interceptor\DWG\Exhlbite\2709-00218 EE—DELANY-1 Ex—A.dwg.8.5 x 11 (portrait)Delaney-1 EX—A,Plotted: Jul 17.2019—10:08am,bkray EXHIBIT A LOCATED IN THE WEST ONE-HALF OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 6 EAST, P.M.M., GALLATIN COUNTY, MONTANA,CITY OF BOZEMAN \ �T \NP':4 e� \ -q R=830.00' \ A=027'45'41" \ (R=402.17')L=402.16' \ CHID BRNG=S33'43'08"W \ CHID LGTH=398.24' \ a \ J \ Storm Sewer Easement per Minor Sub 344B \ \ gym\ � s p\ LOT 5 Minor Sub 's, -o\ N0.344 P.O.B. 09 r'wb S1950'17"W \ `P OF NEW 30'WIDE 50.88' : ::: SEWER&A.W.A. EASEMENT J� park \ Lti1' ubLIC \ ar access \ asefo'at ubr \ a \ \\ / ti a A ressr �{i j/ 15.,y':::1 CO,ff E M"3g413 EoSe"3.A4C / S562750E 69 19.9T Sl.01.,1 W \ ••$ " r(FROM PROP. \ CDR TO rL ESMT. \ — 171.26 \ \ (FROM1�1ESMT•OP• \ TO PR cop.) IsS \ \ xxxxxxxxxur+++terrrrrrrrl + TA r BASIS OF BEARING: ~~ r CONTROL POINT #114 FOUND YPC ' MODIFIED STATE PLANE FROM MTSU CORS AN POSITION x STAH Y o US NEW SEWER&ALL WEATHER ACCESS(A.W.A.) q 8 EASEMENT AREA:4,464.80ft',OR0.10ACRES 1 1 L 127� 1983, INTERNATIONAL FEET STATE PLANE 1983 MONTANA 2500, NAD � Lcl `'-_ WITH GROUND PROJECTION AT' Cn =� NORTHING: 525454.72 Inft. FOUND MONUMENT AS CALLED OUT ON ,(� �Q ° EASTING: 1579996.93 Inft. MINOR SUB PLAT 344C(DOC#2642451) r',rsj ^' C ��,C� �~ �( NO FROM FOUND THING FOUND OR SET— CALCULATED NORTH LATITUDE: 45'-40'-50.73209" t rrr�Vq L EsL ~ ELEVATION: 4812.06 Ift. r�rr +zr++++z:rzrrxxxx:uxx�x` ENTS WEST LONGITUDE: 111'-01'-14.08723" R= RECORD DISTANCE PER MINOR SUB 344C (This exhibit i5 valid Only if ELLIPSOID HT: 4776.23 Ift. NET EST DISTANCE seal is signed and dated) GEOIDI2A 1.) BOUNDARY WAS DERIVED FROM ACCEPTING THE FOUND MONUMENTS CALLED FOR ON MINOR SUB 344C. VERTICAL DATUM: NAVD88 ) ATTEMPTS WERE MADE TO HOLD THE RECORD STRUCTURE OF MINOR SUB 344C, BUT RESULTED IN MERIDIAN CONVERGENCE ANGLE=-01'-06'-44" DISCREPANCIES ON EITHER END. NEW MONUMENTS AS SHOWN ON MS 344C HAVE NOT YET BEEN SET OR HAVE BEEN DESTROYED (AS OF 07/051M). IN THESE LOCATIONS, RECORD INFORMATION WAS USED TO 0 50 100 200 CALCULATE UN—MONUMENTED LINES. 2.) A COMPLETE TITLE SEARCH WAS NOT PERFORMED AS A PART OF THIS EXHIBIT FOR EXISTING EASEMENTS IN FEET OR ENCUMBRANCES, AND THOSE SHOWN ARE GRAPHICAL IN LOCATION. 6,KEI9� STAHLY ENGINEERING&ASSOCIATES Sewer&All Weather Access Easement FIELD: NB 7-05-19 PROFESSIONAL ENGINEERS&SURVEYORS Upon Delany&Company Inc.Property DRAWN: BK www.seaeng.com CHECKED:CIS STAHLYFront Street Interceptor-Sanitary DATE: 07-17-19 rs�o 2223 MONTANA AVE. 3530 CENTENNIAL DR. 851 BRIDGER DR. STE. 1 Sewer Main Replacement STE. 201 HELENA, MT 59601 BOZEMAN, MT 59715 p SHEET �9ffOfINT�S��` BILLINGS,e:(406)60154055 9101 PhoFar(406)442e8557 594 PFax.(6)322-95286 Bozeman Health, Fe.(406)601-4062 Bozeman,MT 1 OF 1