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Home My WebLink About06- Baxter Springs Sewer and Water Pipeline and Access ~-- ~ 1) ~Atl'8:Il j City Clerk P.O. Box 1230 Bozeman, MT 59771~1230 11111/111111/1111111111111111111111111111/1111111111111 ~~~:1~:, _Shell~Vanee-Galhti~~o~ MIse 62 00 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Baxter Springs, LLC, the GRANTOR(S), 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, a Municipal Corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain eight inch (8") (sewer) and eight inch (8") (water) 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, thirty (30) feet wide to be located on the following described real property: DESCRIPTION Two 30'-wide access easements across Lot A of Minor Subdivision No. 36210cated in the NEl/4, Section 2, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana, the centerlines of which are further described as follows: EASEMENT 1 Beginning at a point on the north line of said Lot A which bears S88058'E a distance of 230.8 feet from the northwest corner of said Lot A: thence S12047'E a distance of 184.8 feet; thence S04040'W a distance of397.6 feet; thence S88058'E a distance of357.6 feet; thence N02051 'E a distance of 480.0 feet: thence N41 o45'W a distance of72.8 feet; thence NOl oB'E a distance of 43.0 feet to the north ofline of said Lot A. EASEMENT 2 Beginning at a point on the centerline of Easement 1 which bears S 12047'E a distance of 122.4 feet from the Point of Beginning of said Easement 1; thence S88045'E a distance of 361.8 feet to the centerline of said Easement 1. WHERE TWO PIPES LIE WITHIN EASEMENT, SAID EASEMENTS ARE CENTERED BETWEEN SAID PIPES. WHEN ONLY ONE PIPE LIES WITHING SAID EASEMENTS, SAID EASEMENTS ARE CENTERED ON SAID PIPE. The easement is more particularly described on the attached Exhibit(s) Al and A2 which by this reference are made a part hereof. 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 roads or trails or otherwise by a route causing the least damage and inconvenience to the GRANTOR(S) in order to survey and establish the route and location ofthe 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 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) 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(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 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 e:\...\svvpipe.eas IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIDI ~~7~~5C~, Shelley Vance-Gallatin eo MT ~S~_6~0_ 5 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. (S) 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 an4 be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this ,b day of Oc.:l~VL. 200~~ STATE OF MONTANA ) ) ss. County of Gallatin ) On this ~ day of ~hu- , 2007 ,before me the undersigned, a Notary Public for the State of Montana, personally appeared, \.)lMl_ (!J1a,.6L known to me to be the ~~~ f/ltMlbr . of J}1yfu ;;pc./~1 liC and the person whose name i u scribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of ~fzr 5pf'l'nr. LL L R" WlTl'P}SS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day 6Ul~yetlff8""t' aBjJve written. ,'''\,......... .A1tV^<.. 'C-Q. .V..,.-:"" --it:. .~.... ::: J:.: : ,\,\01 ARI"q/. 0 :: $&AL) -.- : 5 = .,.1:.,1\ .*- -:( . ,x /20o?- 1111111111111111111111111111111111111111111111111111111 ~~7J~r~~~A Shelley Vance-Gallatin eo MT MIse 62 00 e:\...\swpipe,eas 6 ACCEPTED: ~A~ CITY OF BOZEMAN By City Manager .....^ City'Clerk:: - _' ..... -=._...r.......:_ . '-------- - "S-lAT.E:0P MONTANA ) ) ss. County of Gallatin ) On this 2.6 day of rJ of--.J h f'J:- r , 222L, before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKI and BRIT T. FONTENOT, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. (SEA~ ~y- Notary Public for the State of Montana J ~ ~J elf'''-'- J; h A 13 (7"'" r.l t:t- (Printed Name) Residing at Bozeman, Montana My Commission Expires: 1-1 7 120--.!..! ~\\\\\\\UJJ"'''/J: ~~ ~o~N BS'~~~II~ ~1":' · · · · · , ~ ~, . ~ ;:$. . ~ ~ f:.: 0 't ~R'At:" ~ - CI) ~' " - ~ .~ --- *- .. ~. - = " Et\L" =: e . . :: ~*." S. ";S;S :o"l .1\ " · s- ~ ~v~ .. ..^~~ ~ · . .' ~= 'Si- ~~~ OF ~O ~\\\-# ~11111" I 11I\\\\\\'< e:\...\swpipe.eas 1111111111111111111111111111111111111111111111111111111 ~~7~~r:~~A Sh.lley Vanc.-Gallatin eo MT MIse 62.00 7 EXHIBIT Al SHOWING TWO 30'-WIDE UTILITY LINE EASEMENTS ACROSS LOT A OF MINOR SUBDIVISION NO. 362 LOCATED IN THE NE1I4, SEC 2, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA I I I I I I I I I I L 230.8' ,- I EXISTING 20' UTILITY ;- EASEMENT PER MINOR SUB. 362 I I EXISTING 20' UTILITY EASEMENT I EXISTING 50' PUBLIC STREET & UTILITY EASEMENT PER MINOR SUB. 362 o 100 ~~ ( IN FEET ) EXISTING 20' UTILITY 1 EASEMENT PER MINOR SUB. 362 _ BAXTER LANE 588'58'E 662.4' N01'13'E , 342.5' P.O.B. EASEMENT 2 30' [ 15' 15' 15' 15' 3D' LOT A 30' EXISTING 20' UTILITY EASEMENT PER MINOR SUB. 362 3D' 1111111111111111111111111111111111111111111111111111111 ~~7~~r:~~~ Shelley Vanoe-Gallatin eo MT MIse 62 00 DRAWNBY'~ CHK'D. BY'~ BOZEMAN APPR. BY:....o!aIL- DATE:~ UTILITY EASEMENTS BAXTER SPRINGS CQPVRlQHT ~~~SO~IERL.E. I~. ilOOEI N:\4165\001\ACADlExhlbllslEasemont.dwg Ploltod by nhagon on 0ctJ4/2006 PROJECT NO. 4165.001 MT FIGURE NUMBER Al EXHIBIT A2 SHOWING TWO 30'-WIDE UTILITY LINE EASEMENTS ACROSS LOT A OF MINOR SUBDIVISION NO. 362 LOCATED IN THE NEl/4, SEC 2, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA DESCRIPTION Two 30' -wide utility line easements across Lot A of Minor Subdivision No. 362 located in the NE1/4. Section 2, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana, the centerlines of which are further described as follows: EASEMENT 1 Beginning at a point on the north line of said Lot A which bears 588'58'E a distance of 230.8 feet from the northwest corner of soid Lot A: thence 512'47'E a distanee of 184.8 feet; thence 504'40'W a distance of 397.6 feet; thenee 588'58'E a distance of 357.6 feet; thence N02'51'E a distanee of 480.0 feet: thenee N41' 45 'w a distance of 72.8 feet; thence NO 1'13'E a distance of 43.0 feet to the north of line of said Lot A. EASEMENT 2 Beginning at a point on the centerline of Easement 1 which bears 512.47'[ a distance of 122.4 feet from the Point of Beginning of said Easement 1; thence $88'45'E a distance of 361.8 feet to the centerline of said Easement 1. WHERE TWO PIPES LIE WITHIN EASEMENT, SAID EASEMENTS ARE CENTERED BETWEEN SAID PIPES. WHEN ONLY ONE PIPE LIES WITHING SAID EASEMENTS, SAID EASEMENTS ARE CENTERED ON SAID PIPE. 1111111111111111111111111111111111111111111111111111111 ~~7~~r~~: A Shelley Vanee-Gallatin eo MT MIse 62 00 .II MORRISON .. MAIERLE, INC. An Emplo~-Owned Company ling"""'" SUr\IOyoJa Sa.nttst~ PlBntittrti 901 TeChnology Blwl. BOlflman MT 59718 DRAWN BY:...!LI!:!- CHK'D. BY'..M!!!L.- BOZEMAN APPR.BY...18!.!......-- DATE:.mllllL. BAXTER SPRINGS PROJECT NO. 4165.001 Pilon.: (406) 567.Q721 Fax: (406) 687.1176 MT FIGURE NUMBER coPYRIGHT (I~~IE~E, 1M::.,;!008 UTILITY EASEMENTS A2 N:\411l51001\ACADIExM,;..\E...."""'l.dwg Plotted by nhagen on Octl4/2006