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Home My WebLink About06- Warbler Development Sanitary Sewer and Water & ,. + 1 0 I f..... tL. PfJ e()X /130 B()7.-f:-fYJ(lY) ;111 r;tj7/, SANIT ARY SEWER AND WATER PIPEI.INE AND ACCESS EASEMENT AND AGREEMENT Warbler Development, LLC, a Montana limited liability company, of P.O. Box 651, Bozeman, MT 59718, the GRANTOR, 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, P.O. Box 1230, Bozeman, MT 59771-1230, the GRANTEE, its successors and assigns, perpetual easements 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 strips of land situated in Gallatin County, Montana, and being 31 feet in width, to be located on the following described real property: Lot lA, Lot 2 and Lot 3, Block 1, AMENDED PLAT OF LOT 1, BLOCK 1, BAXTER MEADOWS SUBDIVISION P.D.D. PHASE 1, according to the plat thereof, on file and of record in the Office of the Clerk and Recorder, Gallatin County, Montana. The Easement is more particularly described and shown on the attached Exhibit A, which by this refcrcnce is made a part hereof. This grant includes the right ofthe GRANTEE, its successors, permittees, liccnsees, 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 easements and the pipelines 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 ofthe pipeline; (3) Grade the land subject to this easement and extend the cuts and fills of this grading / , ~~~]I)~~I~.~~~lj~~\~\!I!!1 ]~ll~II~!!~ 1I111 \~ll!!\ ~~,~1~::~, 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: (I) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sanitary sewer 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) agree(s) that: (1) At no time will they build, construct, erect or maintain any pcrmancnt structure within the boundaries of said casement 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 offill 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 ofthe 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. (4) 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 ofthis easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. 111111111111 11111111111111111 1111111111 11111111111' 1111 ~~~1:~~~" Shelley Vance-Gallatin eo MT MIse 42.00 DATED this 1---7 day of ~ GRANTOR: WARBLE :QEVELOPMENT, LLC ,200Jp by: STATE OF MONTANA } } ss. COUNTY OF GALLATIN } On this 7-10'- day of () U v\..e_ , 2006, before me, the undersigned, a Notary Public in and for the State of Montana, personally appeared Matthew J. Nistler, known to me to be the managing member of Warbler Development, LLC, a Montana limited liability company, and 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 limited liability company. In witness whereof, I have hereunto set my hand and affixed my Notarial seal the day and year first above written. J >lrJ.".,../I:t' ""/LA ',-loJ: > ...\1/Vvl ~~}Elry ~;lie 'r:..f!ie State o~Mont~a ~:~~rr~ (<11" HjU M~.~~lss.J.o~pires 31z-S'I-z..oo 1 ....~ .t.,~...t ,.~""..,.,'. , I ,. ACCEPTED: CITY OF BOZEMAN ~4~- By: Cht:i;s~l.l-kulski, its ity Manager ~...""- .il. ''':.'' ,,,.,,"" ." ......~ A TTJ;STJ, ( \'.'..) ,C~=.~~: .) ~i .. "'."~ ," ~). , ;',. ~'" . "~. . 0', \~:~~ 'r.tK"e:1;:i.t.y'CO mission l il'''''it.....".'~_...- .' - _....~ ~~ I "'" \'J p, 8 ':I, .~". (,' ''''i&~ft~E~Qf.MONTANA } , ('(1. . } , ss. COUNTY OF GALLA TIN } On this ~ day of -{, I I J A , 2001JJ before me, t~r1rrHtn btary Pub lie for the State of Montana, p~ Chris Kukulski and 'I " known to me to be the City Manager and Clerk ofthe City Commission, respec ively, ofthc City of Bozeman and 1111111111111111111111111111111111111111111111111111111 ~~2~~~:~~' Shelley Vance-Gallatin Co MT MISC 42,00 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 Notarial seal on the day and year ft st written above. ,\\\\\\\!lil/J1111 \'~\\ , . 1/1" ~..:::.\' i.~ j .".,y."<~I.,. ~ . 0i<J"~ ~ (/ "!.~ ~~ ::--. ~)" .. r~, ~ ~~.. SEAL.. .it': 'E W \;J~,,~;_.;f l~ ~~~~ "'//. ~i- MC,',.-r\F "" '1//, "' ' "_\\\ III i, 1/ 1\: I \ ~ \ \ \ \' O:\c&h \05\05278\Office\Utility Easement. wpd 111111/111111111111111111111111111111111111111111111111 ~~ ~1:~~~" Shelley Vanoe-GaIlatin Co MT MISe 42.00 lfl- i~ ::~ ID~ '<- :;~ :J= 0_ ID= b !!!!!!!!!!!!!! "'- ~- ~- "'- ~= ;-~ - 0- O~ 3= -1- ~- (J> ==== 0= - - === -I:> !!!!!!!!!!!!!! "'= G~ G !!!!!!!!!!!!!! ~~N ~Ul N ~~ ;;.)",W g 0 .a:=. OhN om '" UJ ~ W D EXHIBIT A PEBBLE BROOK CONDOMINIUMS UTILITY EASEMENT 111.50 POINT ('IF !:lEGINING 089'41 '35" 089'4r35tr' 15.50 (", /'115.50 116.04 LOT 2 ~ LOT 1 A ICA\_I 60 1 I 18 Engineering and S~ng Inc. 205 EcIeIweiss on... . Bozeman. M0ntan8 5871 a Phone (406) 587-1115 . F8Il (406) 587-8768 _.~,com . i"""c"""llirnoers.com 731.89 089'41'57" 247.74 LOT 3 Scale In Feet o ~ o Scale In Meters 60 1 LO 1 : I I olrn ~ 1 rn 1 LOa:) 5 CX) ~Ir-') ~Irn r:.:.- ~I'--: .-1 Ol'- ~I'- 1 I 1 9' '43" 359'41'56" I 1 o~ O~O 08T~:6'd3"179'41'43" 15.00\" 089'41'56" Jl59 41' 43" ;/ · 5.00 IT- - - - - - - - -2-19-05- - - - - - - - 5. 0\1 /? 179'41 '43" 359'41'43" /\ /./ \ . '" / 1 5 00 I I /' , 69"41'56':~ 089'41571\\ /1__-;:;:::'''' ",,, 5.00''':.~.....1 l~'// 0~9'4157 5.00 / 269'41 '56" 6.3 ...~~ _ _ 08~ 4.15 _ _ _ _ ~_--- 6.59 / J- - - - - - - - - - - - - - - - - ~ 138 82 - T' ~/ 195.96 359'41'57'~' 1 . ">179"41'57" 359"41'56" 23.35 ('-..I ~_9"51'01" 269"41'57" --1/ / 31.00 16 00 .- ---:;>[;2 ---3 C.1- - - - - - - - - - - - - - . I / ~:tt \ / 200.36 v 269'51'01 " 20.45 18 11>- i~ ~ !!!!!!!!!!!!!!! ~= ~ === <= ..- :J= 0_ m= b !!!!!!!!!!!!!!! ..- ~- ~- ..- ~= S"_ - 0- o 3- -1- 3~ ~ !!!!!!!!!!!!!!! 11>_ 0= - !!!!!!!!!!!!!!! - ... !!!!!!!!!!!!!!! IV= GI~ C> !!!!!!!!!!!!!!! ~~N ::;:rg N IV .. ;:,)OIW go~ OI-N ~OIU) w W D , EXHIBIT A PEBBLE BROOK CONDOMINIUMS UTILITY EASEMENT LEGAL DESCRIPTION An easement for sanitary sewer and water mains and associated appartenances and services over, under and across Lots 1 A, 2, and 3, Amended Plat of Lot 1, Block 1, Baxter Meadows Su bdivision P .U. D. Phase I, located in the NE 1/4, Sec. 3, T. 2 S., R. 5 E. Of P.M.M., City of Bozeman, Gallatin County, Montana, on file and of record the office of the Clerk and Recorder, Gallatin County, Montana, described as follows: Beginning at the northwest corner of said Lot 1A; thence easterly 089'41 '35" assumed azimuth from north 15.50 feet along the north line of said Lot 2; thence southerly 179'51 '01" azimuth 138.99 feet; thence easterly 089'41 '43" azimuth 6,37 feet; thence northerly 359'41 '43" azimuth 5.00 feet; thence easterly 089'41'43" azimuth 10.00 feet; thence southerly 179'41'43" azimuth 5.00 feet; thence easterly 089' 41' 43" azimuth 138.82 feet; thence northerly 359'41'43" azimuth 5.00 feet; thence easterly 089'41'43" azimuth 10.00 feet; thence southerly 179'41'43" azimuth 5.00 feet; thence easterly 089'41 '43" azimuth 6.59 feet; thence southerly 179'41 '57" azimuth 31.00 feet; thence westerly 269'41 '57" azimuth 200.36 feet; thence northerly 359'51 '01" azimuth 3.61 feet; thence westerly 269'51 '01" azimuth 20.45 feet; thence northerly 359'41 '57" azimuth 23,35 feet; thence westerly 269' 41 '56" azim uth 195.96 feet; thence northerly 359'41'56" azimuth 1 6.00 feet; thence westerly 269' 41 '56" azim uth 5,00 feet; thence northerly 359'41 '56" azim uth 15.00 feet; thence easterly 089' 41 '56" azim uth 219.05 feet; thence northerly 359'51'01" azimuth 111.98 feet; thence easterly 089'41 '35" azimuth 15.50 feet along the north line of said Lot 1A to the point of beginning, Area = 17,786 square feet or 0.4083 acres or 1,095.0 square meters. Ic-'I Engineering and Suf"lleying Inc. 205 E<lelweiss [hoe . Bazeman, Montano 59718 Phone {406] 587-1115 . Fax {4OB] 587-S768 WNW.che.~.. !i.com . info.chet:~ tee !!i.com Sheet 2 of 2 #05278(E)