HomeMy WebLinkAbout20- Public Utility Easement - Bozeman School District 7 - Norton Sewer Parcel 4-1 M70657
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Gallatin County, MT MIsCItj/ Bozeman
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BOZeman, MT 59771-1230
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Sa�der Stewart
10t Babcock
zeman, MT 5W15
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Project Name: Norton Sewer R/W
City of Bozeman Project No: 18092.07
{ Engineering Division
Jeep Ja+: Public Works Department I Parcel No:4-1
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 A1A 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 Southeast corner of Tract Al 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, S 89' 46' 22" W, 15.00 feet along the North right-of-way of Kimberwicke Street;
Thence, N 00' 33' 06" W, 231.54 feet to the North line of Tract A1A; Thence, N 89° 46' 36" E,
15.00 feet along the North line of Tract A1A to the East line of Tract A1A; Thence, S 00' 33' 06"
E, 231.54 feet along the East line of Tract A1A to the North Right-of-Way of Kimberwicke Street
and to the point of beginning, and containing 3,473 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.
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
S A N D E R S O N Page 1 of 4 8092 0 ewer ww
S T E W A R T Parcel 4-1
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.
Norton Sewer RN/V
SANDE RSON Page2of4 18092.07UP; 1
STEWART WParcel
BOZEMAN ELEMENTARY S OOL DISTRICT#7, a political subdivision of the State of Montana
Name: tv ([.4 iS.Tt-
Title:
ACKNOWLEDGMENT OF GRANTOR
State of d/bXlT�i� )
�) ss.
County of�)
On this lv day of i�yclwaArF , 20.W, before me, the undersigned, a Notary Public in for the
said State, personally appeared the GRANTOR, 4,,,.t n�zAr .0 name W Y- the
0--4, e,iW4r/Z 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
, STEVN i JOHNSON Notary Printed Name
,,a�N•.,oti�
``'•oTA1J/ 4%Q Public Notary Public for the State 0 y; q for the State of Montana Y
* SEAL.'* Residing at; Residing at:
' �Q: Bozeman, Montana
My Commission
Expires:
Ex ires: MYCo /20mmissi
May 22,2020
SANDERSON (� Page3of4 Norton
92ewerivw 7
Parcel 4-1
S T E W A R T��
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
By: Andrea�r= DerhiS AA -DqI or
City Manager � yt�
ATTEST:
By: Re � M,
nktrtn, City Clerk
State of Montana )
)ss.
County of Gallatin )
01,K.--MRA-s
The foregoing instrument/was acknowledged before me this/ day of 20� by
�enn.s� ta�o"Andrea--rr-raltand Rhin-C-rotrgh, known to me to be the City Manager A-a City Cler for the City of
Bozeman and the persons whose names are subscribed to this instrument, andiacknowledged 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 °ffixed my officia eal this day and year
above written.
Notary natur6 Line
A HE i HCR BIENVENUE
Notary Public j
:NoTnRit<2m=-for the State of Montana Notary in ed Name
-•- *_ (Seal�esiding at:
SEAL,„ Bozeman, Montana Notary Public for the State of
tP' My Commission Expires:
January 26,2022 Residing at:
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 obw Parcel 4-1
EXHIBIT A
PUBLIC UTILITY EASEMENT
WITHIN
TRACT A1A OF THE AMENDED PLAT OF BAXTER MEADOWS
SUBDIVISION P.U.D. PHASE 1, S34, T1 S, RSE, P.M.M.
PREPARED FOR CITY OF BOZEMAN SEPTEMBER, 2019
PREPARED BY SANDERSON STEWART BOZEMAN, MONTANA
I I
EXISTING
PROPERTY LINE j
(TYP) I
L3 _ � i TRACT Al
I
LOT ,
TRACT A18
CINI
LOT 2 I \ \ \ \ \ \ \ \ \ \ \ \t:_?:
I PARCEL 4-1
- � PUBLIC UTILITY
1 I
<< EASEMENT
(3,473 SQFT.)
O.S. A
T \ \ \ \ \ \ \ \ \ \ \ ) POB
�zl/**��
KIMBERWICKE STREET
L1 S 89° 46' 22" W, 15.00 FEET
L2 N 00° 33' 06" W, 231.54 FEET
L3 N 89° 46' 36" E, 15.00 FEET
L4 S 00' 33' 06" E, 231.54 FEET
R/W LEGEND
®EXISTING ROAD R/W
� NEW EASEMENT AREA NORTON EAST R/W
AREA REMAINING PARCEL 4-1
NORTH SULE:1"=80'
18092_ROW EXHIBITS.DWG 18092 9/5/19 TG