HomeMy WebLinkAbout19- Sewer and Water Pipeline and Access Easement and Agreement - Village Investment Group, Inc. - Front Street Interceptor Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230
2657884
Page: 1 of 5 09/13l2019 03:39:34 PM Fee: $35.00
Eric Semerad - Gallatin County, MT MISC
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SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Village Investment Group 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 4A Minor Sub No.344C
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 f day of /400uS ,
INDIVIDUAL
STATE OF MONTANA )
ss.
County of Gallatin )
6
On this /0 day of &61 iA S , 20 l y, before me the undersigned, a
Notary Public for the State of Monta a,personally appeared_ M i-Ke-
known to me to be the person whose name is subscribed to the within instrument, and
V(11i@` r4
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)
SHEILATINJUM
�'Z•. G %, Notary Public
5IvoTAK4 '-for the State of Montana
Notary Public for the Stat of Montana - - Residing at:
.SEAL s Bozeman, Montana
':'i� •-•� My Commission Expires:
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:
L,
a� F, CI OF B X1,4
By J�n(g.� c1arV�kE
:� ,• .�'. i y City Manager
ATTEST: r
City C rk • .;A.
STATE OF MONTANA )
) ss.
County of Gallatin )
On this day of , 2, , 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) ,,.�000 BRENDA SWEENEY
_ ,,.�e�.• F,� , Notary Public
p mQ �pTr►arA� <=for the State of Montana
� C�-\G. .��\C;'C;CC'� *: _•— *= Residing at:
Notary Public for the State of Montana ,�.SEAL Bozeman, Montana
My commission Expires:
December 02,2022
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: / /20
N:\2709-00218 Front St Interceptor\DWG\Exhlblta\2709-00218 EE—VII1 INV GRP-1 EX—A.dwg,8.5 x 11 (portralt)VILL INV GRP EX—A,Plotted: Jul 17,2019—10:12am,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
G�lZ�
\ pTze�Zc (Non—Tangent)
QrPCl. R=5929.65'
1. A=001'40'21"
r„ a Za L=173.09'(R=173.13')
\ �\a• CHO BRNG=S47'06'38"E
CHD LGTH=173.08'
\ �b
\ o�
\ R=5929.65'
S A=000'57'39"
b L=99.44'(R-99.40)
\ P.O.B. do pp�� CHD BRNG=S48'25'38"E
OF NEW 30'WIDE 5� 0 Qyi CHD LGTH=99.44'
SEWER&ALL ... L \
\ WEATHER ACCESS
EASEMENT \\ \\ (Non-Tangent)
tN r• ,p2{� 9
LOT 4A
\ P Minor Sub �': \ \
\ o� No.344C
\� t4'\ � '• •��• �51930'17"W \ \\
R=476.69' N7009'43"W �;•' 16.73' \ \
A=022'21'07" a 24.88' (FROM � NEW \
L=185.96' ESMT TO P.C.) \ \
CHD BRNG=N30'55'56"E
CHD LGTH=184.79' \ IS \
R=815.00'
e"@p d=01670 35" tLtllt222 22 2 2 2 77 7777777 \
L=230.10" TA
CHD 8RNG=32735'35"W • ' ' ;'
CHD 07H=229.34'
2
�'$
R=pa
r «( It\>n y 830.00' / �O„
.... A=027.45'41" r'�,S/ BENS,,,,.,.
P.O.E. .•. CH006RNG(S33 43 08"W rrr+rrtrrO�gtLu:tLtANOttitl11~~t
CHD LGTH=398.24'
w�
\ (This exhibit is Valid only if
seal is signed and dated)
y \ , BASIS OF BEARING:
\ CONTROL POINT #114 FOUND YPC
\ Cr MODIFIED STATE PLANE FROM MTSU CORS
POSITION
ACCESS(A.W.A)EASEMENT AREA:NEW SEWERANDAWEATHER US STATE PLANE 1983 MONTANA 2500, NAD 11,952.15 fN,OR 0.27 ACRES 1983, INTERNATIONAL FEETWITH GROUND PROJECTION AT:
FOUND MONUMENT AS CALLED OUT ON NORTHING: 525454.72 Inft.
MINOR SUB PLAT 344C(DOCg2642451) EASTING: 1579996.93 Inft.
NOTHING FOUND OR SET- CALCULATED ELEVATION: 4812.06 Ift.
X POINT FROM FOUND MONUMENTS
R= RECORD DISTANCE PER MINOR SUB 344C NORTH LATITUDE: 45'-40'-50.73209"
M= MEASURED DISTANCE WEST LONGITUDE: 111'-01'-14.08723"
ELLIPSOID HT: 4776.23 [ft.
NOTES:
1.) BOUNDARY WAS DERIVED FROM ACCEPTING THE FOUND MONUMENTS CALLED FOR ON MINOR SUB 344C. VERTICAL DATUM: NAVD88 (GEOIDI2A)
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 07105119). IN THESE LOCATIONS. RECORD INFORMATION WAS USED TO 5� �� 2��
CALCULATE UN—MONUMENTED LINES.
2.) A COMPLETE TITLE SEARCH WAS NOT PERFORMED AS A PART OF THIS EXHIBIT FOR EXISTING EASEMENTS
OR ENCUMBRANCES. AND THOSE SHOWN ARE GRAPHICAL IN LOCATION. IN FEET
STAHLY ENGINEERING&ASSOCIATES Sewer&All-Weather Access Easement Upon FIELD: NB 7-05-19
` ,f PROFESSIONAL ENGINEERS&SURVEYORS Village Investment Group Inc.Property DRAWN: BK
STAHLY WWW.seaeng.com CHECKED:DS
Front Street Interceptor-Sanitary DATE: 07-17-19
2223 STE 201 AVE. 3530 CENTENNIAL 1 851 ZEMAN.R T STE719 1 Sewer Main Replacement
STE 201 HEe:(40 44 8594 Phme:(N, 52 59526 p SHEET
BILLINGS, MT 59101 PhoF..(46)442-8594 PFm(4406)522-9526 Bozeman Health, 1 OF 1
OCINT� Phone:(406)601-4055 Faz:(406)442-8557 Fax:(406)522-9528
Fax:(406)601-4062 Bozeman,MT