Loading...
HomeMy WebLinkAbout24 - Easement Type Unknown - Montana State University - South 19th Avenue and West Garfield Street Return to: 2822359 Page: 1 of 5 City of Bozeman Eric Semerad - Galla0tinGCoun24 Gty, MT4 AM Fee M$S0.©0 City Clerk PO Box 1230 Bozeman, MT 597711SIM4 AND WATER PIPELINE ACCESS EASEMENT AND AGREEMENT Montana State University,GRANTOR,in consideration of$ 1.00 and for other and valuable considerations,receipt of which is acknowledged,grants to The City of Bozeman,a municipal corporation of the State of Montana,with offices at 121 North Rouse Avenue,Bozeman, Montana 59715,GRANTEE,its successors and assigns,a perpetual easement to lay,construct and maintain sewer and water pipelines with the usual services,valves,connections,accessories and appurtenances for the purpose of transmitting water and sewer in,through,and across a strip of land situated in Gallatin County,Montana 30 feet wide to be located on the following described real property: TRACT D,C.O.S. 1243A,SITUATED IN SECTION 14.TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN,CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA. The easement is more particularly described on the attached Exhibit A which by this reference is made a part hereof. This grant includes the right of the GRANTEE,its successors,pennittees,licensees,and assigns their agents and employees,to enter at the 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 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 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 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 water and sewer pipeline(s),it 2822359 Page 2 of 5 03/20/2024 10.58.14 AM will repair or replace,at its sole expense,or pay to GRANTOR 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. THE GRANTOR 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 City'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. 2822359 Page 3 of 5 03/20/2024 10.58.14 AM DATED this`) day of M6Ac L .2024. MONTAN §rATE dLDi SI Y By: Terry Leist Title: VP Administration&Finance STATE OF MONTANA ) ):ss County of Gallatin ) On this y f. day of r7 e e e k ,20 e�y,before me the undersigned,a Notary Public for the State of Montana,personally appeared rr ,known to me to be U p A'd ny,., -Firl4 4-of ✓ owlaut E44Yof,& s. and the person whose name is subscribed to the within instrument and acknowledged to me that he yecuted the within instrument for and on behalf of ✓ od kno, rl l.Qvtr(Jtir Si�+!� J IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. KEELY HOLMES ``; HO�k�.. Notary Public �oT�erq�• for the State of Montana —— *= Residing at: (S .SEAL. Q; Bozeman, Montana ,9cQ My Commission Expires: OF MO January 6,2025 Not' Public r the State of Montana Ke,`!W !-FBI.., (Printed Name Residing at ,a 11444.t Co act My Commission expires /20 A!�_ 2822359 Page 4 of 5 03/20/2024 10.58.14 AM ACCEPTED: .. CITE BO EMA,�N Acting City Manager ATTEST: City Clerk `'fr�;'C�°•gt®cs� STATE OF MONTANA ) ) ss. County of Gallatin ) 11 On this 2o� day of NAoLJY�.. , 202`�JJ , before me, a Notary Public for the State of Montana,personally appeared CHUCK WINN and MIKE MAAS, known to me to be the Acting City Manager and City 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. (SEAL) J��EHUNl , JULIE HUNTER q'w Notary Public ;'�oYARry�. _for the State of Montana *: -- •,� otary �]ic or the St t of Mo tana SEAL..= Residing at: Q Bozeman, Montana My Commission Expires: June 11,2025 (Printed Name) Residing at Bozeman, Montana My Commission Expires:6 / �20Zt;, 2822359 Page 5 of 5 03/20/2024 10.58.14 AM EXHIBIT A -A Sewer and Water Pipeline Easement of varying width located on a portion of Tract D, "II Certificate of Survey 1243A,situated in Section 14,Township 2 South,Range 5 East, W.GARFIELD ST. SB8°gl5'55"E Principal Meridian,City of Bozeman,Gallatin County,Montana,and more particularly 20.00' described as; -LEGAL DESCRIPTION EXISTING STREET AND BO I M -7 rn o Commencing from the Southeast corner of Tract D,Certificate of Survey 1243A,being the UTILITY EASEMENT I POINT OF COMMENCEMENT,thence N85°32'57"W a distance of 155.92 feet to the POINT w I OF BEGINNING;thence N88°15'25"W a distance of 20.00 feet;thence N01°44'35"E a iV iv distance of411.98 feet;thence N88°75'28"W a distance of 166.26 feet;thence N64'28'54"W N N a distance of 26.68 feet;thence N75°16'52"W a distance of 65.37 feet;thence N14°43'08"E TRACT D a distance of 20.00 feet;thence S75°16'52"E a distance of 67.11 feet;thence N28°15'25"W e distance of 128.07 feet;thence S61°44'35"W a distance of 84.88 feet;thence COS 1243A Z rn N28°15'25'W for a distance of 56.77 feet;thence N15°12'21"E for a distance of 208.14 feet; to thence N2812721"E for a distance of 198.21 feet;thence N37°42'21"E for a distance of 3 101.97 feet;thence N15°12'21"E for a distance of 106.37 feet;thence N00°53'22'E for a '"+^ distance of 157.98 feet;thence S88°4655"E for a distance of 20.00 feet;thence o ` N&a S00°53'22"W for a distance of 180.37 feet;thence S15°12'21'W for a distance of 112.86 1 rV feet;thence S37°42'21"W for a distance of 39.54 feel;thence S52°17'39"E for a distance of 19.64 feet;thence S37°42'21"W for a distance of 20.00 feet;thence N52°17'39"W a distance A� r of 19.64 feet;thence S37°42'21'W a distance of 44.44 feet;thence S26°2T21,W for a �-1 distance of 194.27 feet;thence S15°12'21"W for a distance of 182.61 feet;thence 10l cb v� S74°47'39'E for a distance of 21.18 feet;thence S15"12'21'W for a distance of 35.21 feet; ,D'1 �'�' L10 thence N61°44'35"E for a distance of 83.00 feet;thence S28°15'25"E for a distance of 159.45 feet;thence S88°15'28"E for a distance of 284.47 feet;thence N01°4435'E for a distance of 277.07 feet;thence N54°25'34"E for a distance of 66.34 feet to the 19th Street ^^� v Right Of Way;thence S01°44'35°W along the 19th Street Right of Way for a distance of v L12 25.15 feet;thence S54°25'34"W for a distance of 41.19 feet;thence S01°44'35"W for a distance of 287.16 feet;thence N88°1528"W for a distance of 105.00 feet;thence �Y n SOt°44'35"W for a distance of 26.00 feet;thence N88'15'25*W for a distance of 17.99 feet; thence S01°44'35'W for a distance of 395.98 feet to the POINT OF BEGINNING. ry S� Said easement contains 1.08 acres,more or less. row + my i try,-+ Nry PARCEL LINE DATA 1 OD of � �� SEGMENT LENGTH DIRECTION L1 20.00 N88°15'25"W � I N i L2 26.68 N64°28'54"W F i F L3 65.37 N75°16'52"W N N L4 20.00 N14°43'08"E L 14��6 I L5 67.11 S75°16'52"E h ch spp, v L6 128.07 N28°15'25"W r-� �tp Z I rn L7 84.88 S61°44'35"W L8 56.77 N28°15'25"W I CS s L9 39.54 S37°42'21"W v S88°15'28"E 284.47' i L10 19.64 S52°17'39"E C3 I L11 20.00 S37°42'21"W C2 N88°15'28"W 166.26, F�� L20SURVEYOR'S CERTIFICATE L12 19.64 N52°17'39V I Kyle I.Thompson,Professional Land Surveyor, L13 44A4 S37°42'21"W License No.13108LS,do hereby certify that I L14 21.18 S74°47'39"E conducted this easement survey. S.19TH LLI L15 35.21 S15'12'21"W Oa ed is d yof 2024 R.O.W. � m BeQ �uulNllpr„rrr m = L16 83.00 N61°44'35"E Kyle I.Thompson,PLS,C ed5 FONT ANqis : w ? L17 66.34 N54°25'34"E MT Reg.1113108L5 L ty's n KYLE I. ',O' a M L18 25.15 Si°44'35"W Morrison-Maierle =o: THOMPSON •W_ ,�R 1 o No.13108LS o L19 41.19 S54°25'34"W �� Pi pF�ISTE?``�SJo L20 105.00 N88°15'28"W hI' C L . j 1010 ! L21 26.00 S1°44'35"W BASIS OF BEARING 0 60 120 Bearings are based on Montana L22 17.99 N88°15'25"W State Plane Coordinate System ® (NAD83)from observations made POINT OF SCALE IN FEET from MTSU observations Station with BEGINNING survey-grade receivers. L1 N_85"32'57"W 155.92' W.LINCOLN ST. POINT OF COMMENCEMENT ■Morrison v2880TeahnalogyBAWest DRAWNRY: CGM SEWER AND WATER PIPELINE EASEMENT PROJECT NO. Baxemen,MT 5971E DBGN,BY: KDJ 4458.104 M a i e rl a Pnone:dgase7 otzl CNK.BV: KIT 02EMAN MONTANA SREET NUMBER engineers.wryeyors.PMnne+s.scientless """-"'"'"�"uwwsa+uenme do:, DATE:gs+ggga STATE OF MONTANA COMBINED LABS A PI"netl ny nkk mmecnazl on Jan25f103d