HomeMy WebLinkAbout24 - Easement Type Unknown - Montana State University-Bozeman - West Lincoln Street and Remington Way PUBLIC SANITARY SEWER UTILITY EASEMENT
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Montana State University-Bozeman, the GRANTOR, m"considerdion of$1.00 and other good
and valuable consideration,receipt of which is acknowledged,grant(s)to The City of Bozeman,
a municipal corporation of the State of Montana, with office at 121 North Rouse Avenue,
Bozeman Montana 59715;..GRANTEE;'-its successors and assigns, a perpetual easement
extending approximately 320 linear feet in the area of W. Lincoln St.and Remington Way at the
MSU Bart Farm to lay, construct and maintain a public sanitary sewer pipeline with the usual
services, valves, connections, accessories and appurtenances for the purpose of transmitting
sewage in,through, and across a strip of land situated in Gallatin County,Montana,thirty 30
feet wide to be located on the following described real property depicted on Exhibit A attached
hereto.
This grant includes the right of the GRANTEE,its successors,and or assigns,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 in order to:operate,repair,
replace and maintain the pipeline,services,connections,accessories and appurtenances;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 operation,maintenance,or replacement of the sew li ems^ p A
GRANTEE agrees that,in connection with the-operating,repairing,replacing,and
maintaining of said sanitary sewer utility,it will repair or replace,at its sale expense,or pay to
GRANTOR the reasonable value of any damages to growing crops,G�isting fences,ditches and
other appurtenances of said land that may be disturbed by its operation.
GRANTOR 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.At no time will
GRANTOR build,construct,erect,or maintain any permanent structure within the boundaries of
said easement without the prior written consent of GRANTEE.
GRANTEE may peaceably hold and enjoy the rights and privileges herein granted
without any interruption by the GRANTOR.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.
2819074
Page 1 of 4 01/22/2024 04:41.33 PM Fee $32.00
Eric Semerad - Gallatin County. MT MISC
IIIIIIIIIIIIII III III IIIIIIIIIIIIIIII II III IIIIII IIIIIIIII IIIIII III IIIIIII
2819074 Page 2 of 4 01/22/2024 04.41.33 PM
5
For an acknowledgement in a representative/corporate capacity:
DATED this ZL day of 0 WN A,202E
GRANTOR
Montana State University
By:Sreekala Bajwa
Title:Vice President,Dean and Director of College of
Agriculture and MAES
STATE OF Mn VAVAA— )
:ss
COUNTY OF
On this I day of D.e.cA mw� 2023 before me,the undersigned,a Notary Public
for the State of Mo n l dnnA- ,personally appeared_Name a.1 V*_ known
to me to be the_Title of_Entity A CORthat executed the within instrument,and
acknowledged to me that tliey executed the same for and on behalf of landowner.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
(Printed Name Here)
Notary Public for the State of_ IQ��, rkic t�s,
JENNA SMITH Residing at Ro2A22L, t,►,&oK+u„o,
pfASM.ry NOTARY PUBLIC for the My Commission Expires: t)(�Zo2LR
��pTAR State of Montana (Use 4 digits for expiration year)
* SEAL : * Residing at
N9r•.. ..*. Bozeman,Montana
FOFMo�` MYAu ust01,2-026res
2819074 Page 3 of 4 01/22/2024 04.41.33 PM
ACCEPTED:
Cl 0 N
B
City g)� er
ATT T•
DTI& City Cl rk
/ STATE OF MONTANA )
ss.
J County of Gallatin
"14'. e J
On this�day of 6UINLkOX 20 L before me,a Notary Public for
1 the State of Montana,personally appeared JEFF MIHELICH and known to me to
be the City Manager an Cit Clerk 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.
�� `mil 2l1L y IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day
and year first above written.
' JULIE HUNTER
SEAL HONT`',
(SEAL) X�e�J• •'''••F,9;, Notary Public
TARj,y�. for the State of Montana
= Residing at:
tar ubl' f the State f Yontana =,.SEAL.=q Bozeman, Montana
My Commission Expires:
Mo June 11 2025
(Printed Name)
Residing at Bozeman,Montana
My Commission Expires/ /2026
2819074 Page 4 of 4 01/22/2024 04.41.33 PM
U\3194-Brown-Barry\-00121-West-University-D;strict\DNG\Sarwy\3194-00121 North So—Esmt.dwg.EXHIBIT A ESML Plotted: Fee 01.2023- 12.31pm,pugh
EXHIBIT A
A description of Sewer Main Easements located within the South East One Quarter and the North East One
Quarter of Section 14, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman,
Gallatin County, Montana.
MSU EASEMENT DESCRIPTIONS:
TRACT D
COS 1243A EASEMENT A
SS Existing Sewer Main aerd Manhole-A 30' Wide, Sewer Main Easement, located within Parcel B of
SS SS—COS 1245 Less COS 1245A, that is further located within the
_ _ , _ _ _ _ _Esmt Doc#,2549653_ South East One Quarter of Section 14, Township 2 South,
S883656'E Range 5 East, Principal Meridian Montana, City of Bozeman,
MID SECTION LINE 14.84' y# '�• 5884020E Gallatin County, Montana, and being more particularly
POB 2 ,r. F 15.17' described as follows:
N0276 27'E
18.97' R u;1 S027627"W Beginning at a point (POB 1), that bears S 88' 55' 43" E, a
distance of 479.22 feet from the angle point corner of said
S8835'12'E Z_ -y rI 18.91' Parcel B;
30.01' " -,
InU 30.00'
thence, N 02' 16' 27" E, a distance of 299.98 feet.
"ate#
Vwv�y@ (."."., thence, S 88' 55' 12" E, a distance of 30.01 feet.
tf ii�ii
gQ`cUa�,�`Upy N L distance 8 feet.
CI °0,3 thence, N 88' 55' 43" W, a distance of 30.01feetto the
0 G� wAJ s g, `� POB 1.
\' a"V)'I A -
,x "a Said easement contains 8,999�f square feet more or less.
Nlaasssl �
� EASEMENT B
A 30' Wide, Sewer Main Easement, located within Tract D of
aii SC
15.00' ��� ;";� COS 1243A that is further located within the North East One
t5.00' Quarter of Section 14, Township 2 South, Range 5 East,
5-:.l„, • Principal Meridian Montana, City of Bozeman, Gallatin County,
Proposed Montana, and being more particularly described as follows:
ss tt"a.
Sewer
•uapl
Main Beginning at a point (POB 2), that bears S 88' 55' 43" E, a
JS a Jf
FND YPC xF i distance of 479.22 feet and N 021' 16' 27" E, a distance of
14456LS "L N8835'43"W 299.98 feet from the angle point corner of Parcel B of COS
aJ.
:55 "E ""' 30.01' 1245 Less COS 1245A, that is further located within the
5"J
479.22' POB 1 South East One Quarter of Section 14, Township 2 South,
Range 5 East, Principal Meridian Montana, City of Bozeman,
LOT 2A MINOR SUB Gallatin County, Montana;
191E LESS LOT thence, N 02' 16' 27" E, a distance of 18.97 feet.
MINOR SUB 503B 3E
thence, S 88' 56' 56" E, a distance of 14.84 feet.
thence, S 88' 40' 20" E, a distance of 15.17 feet.
thence, 5 02' 16' 27" W, a distance of 18.91 feet.
thence, N 88' 55' 12" W, a distance of 30.01 feet to the
BASIS OF BEARING: POB 2.
STATE PLANE GRID NORTH WITH GROUND
INTERNATIONAL FEET PROJECTION AT:
NORTH LATITUDE: 45'-39'-37.205013" tltriuuuNlttTltryrrrrrrrrr Said easement contains 569 square feet more or less.
WEST LONGITUDE: 111'-04'-02.746723" '1,`11tit`' O N Tq N rrrrrrr =
ELLIPSOID HT: 4882.358 sft.
DERIVED FROM MTSU CORS STATION ` """ """•..,� '�.,��
(BOZEMAN, MONTANA) `'~~~ '_:♦[
VERTICAL DATUM: NAVD88 (GEOIDI2A) *•`' Z
GENERAL NOTES:
MERIDIAN CONVERGENCE ANGLE=(-) ` O I JOHN R.
011-08'-48" PUGH p E 1. DATE OF SURVEY: July 2021 - September 2022 0
O = 15626 LS s 2. OWNER OF RECORD: Montana State University.
• ALL DISTANCES ARE IN INT. FT "
GROUND UNITS. Q7`
• ALL BEARINGS ARE GRID NORTH , S7" •.�/CENSF,,,""''�J .�
• ALL DATA COLLECTED RTK USING rrr �N
TIMLE R GPS RECIEVERS, L1/L2 rrr4riq+Ltttt t LA
FREQ. lN01tlz�``~~ 80' 160'
SCALE IN FEET
��HfEyj STAHLY ENGINEERING&ASSOCIATES EXHIBIT A FIELD: J.PUGH
PROFESSIONAL ENGINEERS&SURVEYORS 30' WIDE SEWER MAIN EASEMENTS DRAWN: J.PUGH
www.seaeng.com CHECKED:C.POOL
STAH LY WEST UNIVERSITY LLC DATE: 01-31-23
2223 MONTANA AVE. 3530 CENTENNIAL DR. 851 BRIDGER DR.STE. T
STE. 201 HELENA,MT 59601 BOZEMAN,MT 59715
BILLINGS,MT 59101 Ph•na:406)442-8594 Phone:(406)522-9526 LOCATED WITHIN THE E2 OF SECTION 14,T2S,R5E,PMM SHEET
ff4flNT1S' Phone:(406)601-4055 Fac(406)442-8557 Fac(406)522-9528 CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA 1 OF 1