HomeMy WebLinkAbout5-8 Instrument #2207559 I
After Recording Please Return To:
Katherine A. Baker
Goetz, Gallik&Baldwin P.C.
35 North Grand
P.O. Box 6580
Bozeman, Montana 59771-6580
Pass: I of 6
2207559
10/29/2006 04.64P
Shelley Vance-6allatln Ca MT MISC 02.00
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Fairview Investments. L.L.C., of 1725 DeSales Street N.W., Suite 900, Washington, DC 20036,
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, with address
of 411 East Main Street, Bozeman, Montana 59771, the GRANTEE, its successors and assigns,
a perpetual easement, Thirty (30)feet wide, to lay, construct and maintain 385 feet of water and
sewer pipelines with the usual services, valves, connections, accessories and appurtenances for
the purpose of transmitting water and wastewater in, through and across a strip of land situated in
Gallatin County, Montana, to be located on the following described real property:
Tract 1 of C.O.S. 1256 in NE4 of Section 2, T2S, R5E, City of Bozeman, Gallatin County
The easement, shown by the shaded area and described as'PUBLIC UTILITY
EASEMENT," is more particularly described on the attached Exhibit which by this reference is
made a part hereof.
This grant includes the right of the GRANTEE, its successors, permittees, licensees, and
assigns and its 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
i
to the GRANTOR(S) in order to survey and establish the route and location of the easement and
the pipelines and to:
(1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the
pipelines, services, connections, accessories and appurtenances;
(2) Trim, remove, destroy, or otherwise control any tree 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 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 Sewer and Water pipelines(s), it
will repair or replace, at its sole expense, or pay to GRANTOR(S)the reasonable value of
any damages to growing crops, fences existing at the time of repair or replacement,
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 topsoil 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.
2207559
1111111111111111111111111111111111111111111111111111111 110//29/2005 04:54P
ShaLley Vance-Gallatin Cc MT MISC 62.00
i
THE GRANTOR(S)AGREES:
(1) At no time will it 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 it 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 Twelve(12)foot wide all-weather access road may be
constructed within the easement where at the City's discretion such access is required for
operation and maintenance purposes.
(4) The GRANTOR(S) warrants that it is lawfully seized and possessed of the real property
described above, and that it has a lawful right to convey the property, or any part of it.
(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,success and ass s of the parties hereto.
DATED this day of September,2005.
AN
i ' w I e nts, L.L.C.
STATE OF MONTANA )
)ss.
County of Gallatin )
On this Z day of September, 2005, before me the undersigned, a Notary Public for
the State of Montana, personally appeared Kingdon Gould IV, known to me to be a Member of
Fairview Investments, L.L.C., the limited liability company that executed this document, and
acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above
written.
II II �I I i
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?5s9
Shelley Vance-Gallatin Cc MT M1SC 62.00
i
ry.Public for a r9Z Montana
(Print name)
(SEAL) Residing at:
My commission ff
expires: V -,i-
ACCEPTED: . /Y" �J
CITY OF BOZE-M�},�`N
by its C;t T l,4 a"eI'
ie
ST:
of the City Commission
STATE OF MONTANA )
)ss.
County of Gallatin )
Q C/C� ,f'
On this o day of September, 2005, before me the undersigned, a Notary Public for
the State of Montana, personally appeared CHRIS A. KUKULSKI and ROBIN L. SULLIVAN,
known to me to be the City Manager and Clerk of the City Commission for the City of Bozeman
and 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 seal the date first above
written.
Noilry Public for the 41ate of Mon na
GI (Print name)
' '(SEALS Re si 'n at:
My commission
expires:��L
IIII I IIIII IIIII IIIIII IIIIII III IIIIIII III IIIII IIII IIII zz0 f 6
Shelley Vance-Gallatin Cc MT MISC 62.00
EXHIBIT
PUBLIC UTILITY EASEMENT
BEING ON A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY No,1256
LOCATED IN THE,NORTHEAST ONE-QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDLAN MONTANA,
CITY OF BOZEMAN,G.ALLATIN COUNTY,_MONTANA
BAXTER LANE
3
S80'43•29„� 50' WIDE
BAXTER LANE
I 302.31' N89'45'18"E ROW EASEMENT
30.01'
POINT OF i3'! � rtj
BEGINNING,x dxi
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."CT 11256 'TRACT 11256
C05 No CQS
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SCHE: I INOI- 60 FEET I
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I?at° , 3———— — ---—————
N89'32'51"W —
30.01' m
FUTURE 60' WIDE
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Shelley Vance-Gallatin Co MT MISC 62.00
EXHIBIT
PUBLIC UTILITY EASEMENT
LEGAL DESCRIPTION
A public utility easement, being on a portion of Tract 1 of
Certificate of Survey No. 1256, located in the Northeast One—Quarter
of Section 2, Township 2 South, Range 5 East, Principal Meridian
Montana, City of Bozeman, Gallatin County, Montana, and being more
particularly described as follows:
Beginning at a point which bears South 80'43'29" East, a distance
of 302.31 feet from the North One—Quarter Corner of said Section
2;
thence North 89'45'18" East, o distance of 30.01 feet;
thence South 01'31'30" West, a distance of 384.83 feet;
thence North 89'32'51" West, a distance of 30.01 feet;
thence North 01'31'30" East, a distance of 384.46 feet to the Point
of Beginning.
Said easement being 0.26 acres, along with and subject to any
existing easements.
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Sheiley Vanot—Gallatin Cc MT MISC 52,00