HomeMy WebLinkAbout06- Rosa Construction Public Street Access utility Easement
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PUBLIC STEET ACCESS UTILITY EASEMENT AND AGREEMENT
ROSA CONSTRUCTION, INC., of P.O. Box 11113, Bozeman, MT 59719, the GRANTOR, in
consideration of one dollar ($1.00) and other good and valuable consideration, receipt of which is
hereby acknowledged, grants to the City of Bozeman, a municipal corporation of the State of
Montana, of 411 East Main, P.O. Box 1230, Bozeman, MT 59771-1230, the GRANTEE, its
successors and assigns, a perpetual easement to lay, construct and maintain sanitary sewer pipelines
with the usual services, valves, connections, accessories and appurtenances for the purpose of
transmitting city sewer in, through, and across a strip ofland situated in Gallatin County, Montana,
being variable in width, to be located on the following described real property:
Tract 8, Mountain Vista Suburb of Bozeman, according to the plat thereof, on file and of record in
the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Southeast Quarter
of Section 11, Township 2 South, Range 5 East ofP.M.M.,
The easement is more particularly shown and described on the attached Exhibit A, 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 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
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~Shelley Vance-Gallatin Co MT MIS 11/29/2006.01 05P
C 35 00
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(4) Support the pipeline across ravines and watercourses with structures that the GRANTEE
deems necessary.
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said sanitary sewer, it 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(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
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 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. 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.
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" Shelley Vance-Gallatin Co MT MISC
35.00
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, 2006.
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Co ty of Gallatin )
On this ~ day of _NoVtWv ,2006, before me the undersigned, a Notary Public for
the State of Montana, personally appeared, John Rosa, known to me to be the President of Rosa
Construction, Inc. and the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the within ins~ent for and on behalf of Rosa Construction,
Inc.
Notary Public for
Printed Name:
Residing in: VI
My Commission Expires
IN WITNESS WHEREOF, I have hereunto set my hand and ~~~lIIllilh9:otarial Seal the day and
year fi t above written. ...~\"\~ v.. G! L. I/IIII~
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CITY OF BOZEMAN
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By: its City Manager
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County of Gallatin )
On this 1."y day of ;(j fJv~m 6ep" , 20~, 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 Clerk of 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,
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, Shelley Vance-Gallatin Co MT MISC 35 00
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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
ftrst above written.
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EXHIBIT A
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30
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9
Scale In Feet
o 30
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o 9
Scale In Meters
CONTOUR INTERVAL:
1 FOOT
10
15' PUBLIC ~ ~
ACCESS O~
EASEMENT ~ ;;;
LEGAL DESCRIPIlON OF PUBliC ACCESS EMEMENT
A perpetual easement for public access and
utility purposes over, under and across Tract 8
Mountain Vista Suburb of Bozeman, located in
the Southeast Quarter of Section 11, Township 2
South, Range 5 East, of P.M.M., Gallatin County,
Montana. Said easement is described as follows:
Commencing from the point of beginning at
the Northwest Corner of said Tract 8; thence
easterly 089' 54' 30" assumed azimuth from
North, 15.00 feet along the North line of said
Tract 8; thence continuing southerly 180. 08'
33'''' azimuth 317.44 feet; thence westerly 269.
50' 19" azimuth 15.00 feet; thence northerly
000. 08' 33" azimuth 317.46 feet to the point
of beginning.
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NW C( R. OF TRACT 8
TRACT 8
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269'50'19"
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, Shelley Vance-Gallat in Cc:vl'lt MISC 35 00