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HomeMy WebLinkAbout20- Utility Access Easement - Bozeman School District 7 - Norton Sewer Parcel 6-2 2670556 City to: Page: 1 of 5 01/17/2020 02:48:39 PM Fee: $35.00 City of Bozeman Eric Gallatin � City Clerk 1//11111 IIP 111111111111111111 IE11111�111Sc Po Box 1230 Bozeman, MT 59771-1230 PL/1-f T EO Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 dot noM Project Name: Norton Sewer RAN 9x. City of Bozeman • ' Engineering Division Project No: 18092.07 Public Works Department Parcel No: 6-2 UTILITY ACCESS 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 utility access easement to access 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 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 utility access easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southwest corner of the easement herein described, being a point on the Southwest line of Tract Al and the Southeast right-of-way of a Public Utility Easement, from which point the Southwest corner of Tract Al bears N 51' 18' 45" E, 36.21 feet, said point of beginning; Thence, from said point of beginning, N 80' 07' 07" E, 1.64 feet along the Southeast right-of-way of a Public Utility Easement; Thence, N 00' 18' 03" E, 23.95 feet along the East right- of-way of a Public Utility Easement; Thence, S 51' 18' 45" E, 58.53 feet; Thence, S 38' 41' 15" W, 20.00 feet to the Southwest line of Tract 1A; Thence, N 51' 18' 45" W, 44.75 feet along the Southwest line of Tract 1A to the Southeast right-of-way of a Public Utility Easement and to the point of beginning, and containing 1,013 sq.ft., more or less, as shown on Exhibit A. The failure of GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. GRANTOR retains the right to utilize the surface of the easement corridor in any manner that does not interfere with the public utility access. 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 Norton sewer ww S T E W A R T Parcel 6-2 roads or trails or otherwise by a route causing the least damage and inconvenience to the GRANTOR(S) in order to: (1)Access adjacent permanent utility easements to maintain public sanitary sewer pipes and appurtenances. (2)Access and maintain an all-weather access road within the easement area. THE GRANTEE AGREES: (1)That, in connection with the construction, operating, accessing, repairing, removing, replacing, and maintaining of said all-weather access road, 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)Upon completion of said project for which access is hereby provided, the GRANTEE shall restore the property adjacent to said all-weather access road as nearly as possible to its original condition. (3) 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 all-weather access road 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)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. (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 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. BOZEMAN ELEMENTARY SCHOOL DISTRICT#7, a political subdivision of the State of Montana c— Name- a-�'o T v,c z � a7 Title: G ACKNOWLEDGMENT OF GRANTOR State of dL '4.) ) ss. County of �4¢TJid) On this ( day of v v aZi , 20_&before me, the u9persigned, a Notpry Public in and for the said State, personally appeared the GRANTOR, JA/2r..ul the p�FyZ a in,r+ , j 2 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. NortS A N D E R S O N d Page 2 of 4 80 ewer ww 92 s STEWART Parcels-2 IN WITNESS WHEREOF, I have hereunto set my hand and affixecl my official seal this day and year above written. Notary Signature -Line STEV N D JOHNSON �Ttd � .�• ��J�f�y�a�^-' Joys. Notary Publicontana Notary Printed Name �p'TARI.44"p� for the State Residing at: Notary Public for the S e of * SEAL Q? Bozeman, Montana 9'• P? my Commission Expires: Residing at: % OF NIo May 22.2020 My Commis ' n Expires: / /20 S A N D E R S O N I� Page 3 of 4 Norton sewer Riw S T E WA R T 4� Parcel s-2 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: Q2vjInb s 1vi •TAOY City Manager )�h. �� ATTEST: M I L f By:+Z-abie-Ey°edgb- M t K& MA-q5 l n �� City Clerk State of Montana ) ss. County of Gallatin ) I ,�,1_ The foregoing instrument was/acknowledged before me thi/ day of >7 t 20 by beAn,Sv ` t"ylnr'Amda- reSw-ratt and Reb�-tsugt7.aknown to me to be the City Manager and City Clerq for the City of Bozeman and the persons whose names are subscribed to this instrument, anc acknowledged to me that they executed the same for and on behalf of the City of Bozeman. 1n 1�Gr'\'-, IN WITNESS WHEREOF, I have hereunto set my 4handn affixed my official seal this day and year above written. ho Nota ignature Line HEATHER BIENVENUc * Notary Public No i ted Name c 'NOTARiq�l`m foal Atate of Montana -- *` Residing at: Notary Public for the State of (P-SEAL.�T Bozeman, Montana Residing at: My Commission Expires: ofnao � January 26, 2022 My Commission Expires: / /20 SANDERSONt� Page 4of4 Norton 7ewerRM/ S T E WA R T�� Parcel 6-2 EXHIBIT A UTILITY ACCESS EASEMENT WITHIN TRACT Al 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 C.O.S. 233 \ \ \ \ I\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \I\ \ -IPUBLIC UTILITY \ \ \ \ \ \ \ \ \ \ EASEMENT Ll I r POB <`< j I PARCEL 6-2 I I UTILITY ACCESS \ TRACTAIA I EASEMENT (1,013 SQFT.) \ \ \ \ \ \ \ \ \ I I B EXISTING TRACT A1 \ \ \ \ \ \ PROPERTY LINE \ \ \ \ \ L1 N 80° 07' 07" E, 1.64 FEET L2 N 00° 18' 03" E, 23.95 FEET L3 S 51° 18' 45" E, 58.53 FEET L4 S 38' 41' 15" W, 20.00 FEET L5 N 51° 18' 45" W, 44.75 FEET R/W LEGEND ®EXISTING ROAD R/W � NEW EASEMENT AREA NORTON EAST R/W L'�_ zo o zo ao AREA REMAINING PARCEL 6-2 KORTR SCALE:i"=4o' 18O92_ROW EXHIBITS.DWG 18092 9/27/19 TG