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Home My WebLink About20- Public Utility Easement - Bozeman School District 7 - Norton Sewer Parcel 5-1 Maturn to: 2670554 City of Bozeman Page: 1 of 5 Gallatin Co nty, T PM Fee: $35.00 City Clerk Eric Semerad - Gallatin County, MT MISC 11111 11111 1111 I�� BPO ozeman, MT 59771-1230 PLAfiE-D Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 dot so2� � Project Name: Norton Sewer RNV City of Bozeman .,. .,.. ; Project No: 18092.07 Engineering Division Public Works Department Parcel No: 5-1 ytt 88 i iJ PUBLIC UTILITY EASEMENT The GRANTOR, Bozeman Elementary School District #7, a political subdivision of the State of Montana, whose address is 404 W. Main St., Bozeman, MT 59715, for and in consideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and grants to the GRANTEE, the City of Bozeman, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or assignees, a perpetual public utility easement to lay, construct and maintain public sanitary sewer utilities with the usual appurtenances in, over, under, along, through, and across the following described real property located in Gallatin County, Montana: Tract Al B of the Amended Plat of Baxter Meadows Subdivision P.U.D. Phase 1, all being located in the Southwest Quarter of Section 34, Township 1 South, Range 5 East, M.P.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. (Plat J-353-D) Said public utility easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southwest corner of Tract Al B and the easement herein described, being a point on the North right-of-way of Kimberwicke Street, said point of beginning; Thence, from said point of beginning, N 00' 33' 06"W, 231.54 feet along the West line of Tract Al B to the North line of Tract Al B; Thence, N 89' 46' 36" E, 45.21 feet along the North line of Tract Al B to the Northeast line of Tract Al B; Thence, S 51° 18'45" E, 36.21 feet along the Northeast line of Tract Al B; Thence, S 80'07'07"W, 59.04 feet;Thence, S 00° 33'06" E, 198.89 feet to the North right- of-way of Kimberwicke Street; Thence, S 89°46' 22"W, 15.00 feet along the North Right-of-Way of Kimberwicke Street to the point of beginning, and containing 4,768 sq.ft., more or less, as shown on Exhibit A. All improvements installed within the easement by GRANTEE are the property of the GRANTEE, removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. The easement does not grant to GRANTEE the right to utilize or occupy the surface of the premises, except to the extent required to lay, construct and/or maintain the public utility facilities. GRANTOR retains the right to utilize the surface of the easement corridor in any manner that does not interfere with the public utility facilities. Norton S A N D E R S O N (� Page 1 of 4 sewer R/w S T E W A R T Parcel 5-1 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 sanitary sewer 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 sanitary sewer 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 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. (3) Upon completion of said project for which access is hereby provided, the GRANTEE shall restore the property as nearly as possible to its original condition. (4) The GRANTEE agrees to hold GRANTOR harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. 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 GRANTEE'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. S A N D E R S O N (� Page 2 of 4 Norton sewer ww S T E WA R T:. Parcel 5-1 BOZEMAN ELEMENTARY SCHOOL DISTRICT#7, a political subdivision of the State of Montana Name: tvlx rT Title: "v �l J ACKNOWLEDGMENT OF GRANTOR State of 4q4 ) County of(�// UAVVJ)ss. On this /v day of i(/dI <3��L, 20 P,before me, the undersigned, a Notary Public in and for the said State, personally appeared the GRANTOR, the SoA-R..D e171A1 iZ of Bozeman Elementary School District #7, a political subdivision of the State of Montana, known to me to be the identical individual who executed the foregoing instrument, who acknowledged to me that the individual executed the same as the free and voluntary act of said GRANTOR, with full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. Notary Signature Line o"""o D Jpyy , STEVEN D JPOHNSON � ti 0TAR/ O Notary C �J�lJ � J V Ofv�J s ti:N q��.y-for the State of MontanaF�ft n,r Notary Printed Name oz man * SEAL.'Q BMontana '`�'•• �� Notary Public forth tate of My Commission Expires: " May 22,2020 Residing at: My Co ssion Expires: / /20 Norton Sewer ww SANDERSON � Page 3 of 4 STEWART C Parcel 5-1 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the City of Bozeman, a Municipal Corporation of the State of Montana, GRANTEE herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof: CITY OF BOZEMAN B : A4&e -&nratt JOY City Manager) V'%A—y j" ATTEST: By: -CTougH ►L�P,rt City Clerk State of Montana ) )ss. County of Gallatin ) /"I'KE AtAO5 IM�riq'l tI'� The foregoing instrument was acknowledged before me thi day of Q��tr 20;�Yby 74��,Madea-Sa##and Rem-Sre� known to me to be the ity Manager and Pity Clerk f r the City of Bozeman and the persons whose names are subscribed to this instrument, andcknowledged 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 an affixed my official seal this day and year above written. Nota Signature Line HEATHER BIENVENUE F Notary Public Notary Printed Name =:'NpTARfq4•m=f�80*.)State of Montana *_ Residing at: Notary Public for the State of SEAL Bozeman, Montana My Commission Expires: Residing at: of V.0 , January 26,2022 My Commission Expires: / /20 Norton Sewer R/W S A N D E R S O N Page 4 of 4 18092.07 S T E W A R T�� Parcel 5-1 EXHIBIT A PUBLIC UTILITY EASEMENT WITHIN TRACT Al B OF THE AMENDED PLAT OF BAXTER MEADOWS SUBDIVISION P.U.D. PHASE 1, S34, T1S, RSE, P.M.M. PREPARED FOR CITY OF BOZEMAN SEPTEMBER, 2019 PREPARED BY SANDERSON STEWART BOZEMAN, MONTANA i i i i L2 —i TRACT Al PARCEL 5-1 \l`L4. \ \ PUBLIC UTILITY EASEMENT (4,768 SQFT.) I TRACT A1A \ \ \ \ \ \ \ \ \ \ \ EXISTING PROPERTY LINE (TYP) KIMBERWICKE STREET L1 N 00° 33' 06" W, 231.54 FEET L2 N 89° 46' 36" E, 45.21 FEET L3 S 51° 18' 45" E, 36.21 FEET L4 S 80° 07' 07" W, 59.04 FEET L5 S 00° 33' 06" E, 198.89 FEET L6 S 89° 46' 22" W, 15.00 FEET RM LEGEND ® EXISTING ROAD R/W ^� ao o ao ao NEW EASEMENT AREA NORTON EAST R/W ►fig AREA REMAINING PARCEL 5-1 NORTH SCALER=801 18O92_ROW EXHIBITS.DWG 18092 9/5/19 TG