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Home My WebLink About20- Utility Access Easement - Bozeman School District 7 - Norton Sewer Parcel 6-3 aturn to: City of Bozeman 2670557 City Clerk Page: 1 of 5 01/17/2020 02:48:39 PM Fee: $35.00 PC L30X 1230 Eric Semerad - Gallatin County, MT MISC 111111 IN 11111111111111111111111111111 HII 11111111111111 IN Bozernan. MT 59771-1230 ��rrEfl - Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 Apt nOL14�l Project Name: Norton Sewer R/W City of Bozeman.� � x � Project No: 18092.07 7 • Engineering Division �<< 88. _ Public Works Department I Parcel No: 6-3 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 Northeast corner of the easement herein described, being a point on the South right-of-way of a Public Street and Utility Easement, from which point the Northeast corner of Tract Al bears N 74' 11' 04" E, 167.49 feet, said point of beginning; Thence, from said point of beginning, S 44' 36' 44" E, 12.27 feet; Thence, S 02° 20' 08" E, 230.78 feet; Thence, N 78° 51' 23" E, 98.95 feet to the West right-of-way of North Ferguson Avenue; Thence, S 00' 13' 26" W, 20.40 feet along the West right-of-way of North Ferguson Avenue; Thence, S 78° 51' 23" W, 118.27 feet; Thence, N 02° 20' 08" W, 246.38 feet; Thence, N 44° 36' 44" W, 24.11 feet to the South right-of-way of a Public Street and Utility Easement; Thence N 89' 46' 12" E, 27.98 feet along the South right-of-way of a Public Street and Utility Easement to the point of beginning, and containing 7,308 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 (ice Page 1 of 4 8092 07ewer RNorton /1A/ S T E WA R T W Parcel 6-3 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 Name: Title: ACKNOWLEDGMENT OF GRANTOR State of ,t d) f )ss. County of On this la day of D4JCW13e , 209before me, the u dersigned, a Notary Public in and for the said State, personally appeared the GRANTOR, � J�/Zug ��+E!? the "!9'V'giZb 1"d-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. S A N D E R S O N (� Page 2 of 4 Norton 07 wer R/W S T E WA R T�� Parcel 6-3 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. Notary Signature Line STEVEN D JOHNSOfV �� `J� � NIpubiic Notary Printed Name for the State of Montana Notary Public for the Sta of = Residing at: .SEAL �e`, Bozeman, Montana Residing at: ,? Q ' MY Commission Expires: My Commis n Expires: / /20 May 22,2020 Norton Sewer R/W S A N D E R S O N (ice Page 3 of 4 18092.07 S T E WA R T V. Parcel 6-3 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: Cl OF BOZEMAN By:AR ' L�y,�h l S I ail D✓ City Manager ATTEST: A.► La s�,-s B V,E MAA5 %bin-C u h- City Clerk g t State of Montana ) ss. County of Gallatin ) The foregoing instrument was acknowledged before me this� / day of Lf 2021 by nn5 1a (nr rr t�'�r6 and R-obVt, known to me to be the City Manager and City Clerk for the City of y Bozeman and the persons whose names are subscribed to this instrument, and�cknowledged to me that they executed the same for and on behalf of the City of Bozeman. lh 1--�,y►�, IN WITNESS WHEREOF, I have hereunto set my hand a d affixed my official seal this day and year above written. otary—ponature ine aB�E' HEATHER BIENVENUE Not-jry Pub is 2C'Np7AR/q� �al�)r the State of 1\4ontana 1\16to rinted Name R,siding at: Notary Public for the State of SE cn'• Al Bozernan. Montana My Commission Exi:,ires: Residing at: oT;,no January�o, 20:=2 My Commission Expires: / /20 S A N D E R S O N (� Page 4 of 4 $ 7ewer RM/ S T E WA R T � Parcel s-s EXHIBIT A UTILITY ACCESS EASEMENT WITHIN TRACT Al OF THE AMENDED PLAT OF BAXTER MEADOWS SUBDIVISION P.U.D. PHASE 1, S34, T1 S, R5E, P.M.M. PREPARED FOR : CITY OF BOZEMAN SEPTEMBER, 2019 PREPARED BY SANDERSON STEWART tp BOZEMAN, MONTANA I 7 / TT7 7 / I CATTAIL CATTAIL STREET (FUTURE) POB STREET 1__L_ 7;7.L8v / ' - -Z EXISTING EXISTING PUBLIC STREET \ \ \ \ PROPERTY LINE \ \ AND UTILITY EASEMENT (DOC` 02103143) >/ PARCEL 6-3 z \ \ \ \ \ \ \ \ \ `UTILITY ACCESS \ \ \F; <<I\ \ \ \ \ y o� i Zn \ \ \ \ \ \ \ \ \ `EASEMENT 7 308 SOFT.) I'"'i> a I 0I 23 \ \ \ \ \ \ \ \ \ \ \ \[ a\ \ \ \ \ �{ I o V) L J ....._..:.....:.......::. _ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ EXISTING PUBLIC STREET \ \� AND UTILITY EASEMENT \, I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ (DOC. 02103143) \ \ 1 I L1 S 44' 36' 44" E, 12.27 FEET L2 S 02° 20' 08" E, 230.78 FEET 1-3 N 78' 51' 23" E, 98.95 FEET L4 S 00° 13' 26" W, 20.40 FEET L5 S 78° 51' 23" W, 118.27 FEET L6 N 02' 20' 08" W, 246.38 FEET L7 N 44° 36' 44" W, 24.11 FEET L8N 89' 46' 12" E, 27.98 FEET R/W LEGEND ® EXISTING ROAD R/W ,f^y so o so ioo NEW EASEMENT AREA NORTON EAST R/W AREA REMAINING PARCEL 6-3 NORTH scALE:i^=IW 18092_ROW EXHIBITS.DWG 18092 9/5/19 TG