Loading...
HomeMy WebLinkAbout07- Cascade Development, Inc. Sewer and Water Pipeline Easement Return to: City Clerk City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 111111111111111111111111111111111111111111111111111111I ~~6~1r:~~, Charlotte Mi lls-Gall~tin Co MTMISC 44.00 -- , PlAmo JJl SEWER AND WATER PIPELINE EASEMENT Cascade Development. Inc. 1627 W. Main St. Suite #223 Bozeman. MT 59715, the GRANTOR(S), in consideration of other good and valuable consideration, receipt of which is acknowledged, grant(s) to The City of Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain 750 LF of sewer pipeline and 785 LF of water pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sanitary sewer and domestic water in, through, and across a strip ofland situated in Gallatin County, Montana, thirty (30) feet wide to be located on the following described real property: Lots I & 2, Block 2, in the West Winds Major Subdivision Phase 3. Commencing at the Southwest Comer of West Winds Major Subdivision Phase 3 Township 2 South, Range 5 East, P.M.M., NOool7'08"W, a distance of 65.00 feet, thence N02011 '12"E a distance of278.19 feet to the True Point of Beginning (P.O.B.); Thence N89046'I7"E a distance of 91.97 feet, thence SOlolO'03"E a distance of 105.66 feet, thence S35047'56"E a distance of 65.45 feet, thence S81 051 '21"E a distance of 62.73 feet, thence N81 041 '23"E a distance of 38.14 feet, thence S89012'53"E a distance of 149.62 feet, thence N34052'20"E a distance of 69.53 feet, thence NOoo44'34"E a distance of 107.99 feet, thence N90000'00''E a distance of 84.42 feet, thence NOool7'08"W a distance of 17.52 feet to a point of curvature, concave west along said curve having a central angle of 00038'48", and a chord bearing NOoo36'32"W a distance of 12.48 feet, thence S90000'00''W a distance of 113.81 feet, thence SOoo44'34"W a distance of 128.39 feet, thence S34052'20"W a distance of 44.40 feet, thence N89012'53"W a distance of 131.66 feet, thence N06049'29"E a distance of 20.17 feet, thence N83010'31"W a distance of 20.00 feet, thence S06049'29"W a distance of 25.73 feet, thence S80016'16"W a distance of 15.64 feet, thence N81051'21"W a distance of 49.98 feet, thence N35047'56"W a distance of 43.35 feet, thence N010IO'03"W a distance of 125.82 feet, thence S89046'17"W a distance of 14.56 feet, thence NOoo20'07"W a distance of 19.79 feet, thence S89046'I7"W a distance of 20.00 feet, thence SOoo20'07"E a distance of 19.78 feet, thence S89046'17"W a distance of 86.95 feet, thence SOool7'08"E a distance of 30.00 feet to the point of beginning, containing 0.56 acres more or less. The easement is more particularly 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, pennittees, 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; ll. 01 <'l N N _....0 --I"- '11::1" 0 g U)N~ NGi~ Ol- N~g ~o ~o : ~ ~ _u ==== ~ -I: -f- ~I: _0 ~u ~ -'" ~:: -~ ~~ ---< ---< -'~ =1: -<II =.. -.. -0 ---< =L -.. ~L _U (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: (I) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sanitary sewer and domestic water 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: (I) 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 ofthe 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. '-k.. DATED this (J . day of 0.. m <'l N N _<2'0 -........ q- 08 U)<'l~ NQi~ m__ N~g ~e ~o ==: - - ~ _u _<Il =.... ->: -I- ~>: _0 ~u : -'" ~~ ~'" _Cl =1 _en ~::: _.~ =>: ~~ -.., -0 =..... ~~ ~.c: _U GRANTOR - Cascade Development, Inc. Title: President STATE OF MONT ANA ) ) ss. County of Gallatin ) On this (bCt.....dayof ArY6L-L- , 2007, before me the undersigned, a Notary Public for the State of Montana, personally appeared, John Dunlap, known to me to be the President of Cascade Development. Inc. and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Cascade Development. Inc.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. NO~ th~ S!;.t'; of Montana ~I\ C/\C\\o~ (Printed Name) .~ Residihg in U;y)r.Ct.-- My C@mmission Expires ~ /.:::::sa. fuaJ/20~ ~\\\II1I1I/I"11 :S-'\\\ 8.JW D :tlij~ ~ . . . . . I:JO~ :':' boo. .::::: s:,/ . . ~~ ff :'~OTARI,.q{'.. ~ ~*: *~ ~ ~'. SEAL. o-~ ~:;>.. .~;:::: % '"11:' . . . - . . ~'if ~ 0",,;.1: QF MQ'~ ~'<o~ 'IIIII!" Ill' un~~\\~ ACCEPTED: ~A~ CITY OF BOZEMAN By its City Manager i> I ' " .'1.1.' .. ~, ' '..".' \" . f'., \ " STATEOFMdNtA A ) ) 5S. County of Gallatin ) On this J.t:;Of ~;I 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. , 2007, before me, a Notary Public for the IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day year first above written. ~\\\\\II111l1l11111 ~~\~ ~OW ::/0 IIII//. ~ ~y~ ". ~ 0 ~~ \.,:,,"?- (SEAL)' . ..(L.:.'/~_. $"'" .' 1"1'[, Tr-lI" n . . '.'(j,. -~-=:. ;C:, l,t ..l \/ ..;) ~~h ,~~ '~:~.~ __~'~:~J1". ..v J ~'::J '. ?VI ..\ : ' - a-t.. ,h" "'''I::: ~ "',. ", . .(:. ;:: ~ '\}> , ..y $ ~ ~t' > " . ':'- ~ ~1. v,}. (, '.' ;. ~" 'Illllii; I;, :j'lll ~ ~ \\\\\\\'\ (Printed Name) Residing at Bozeman, Mon~ana My Commission Expires: ~;':'lJ1.j20lO- 3 ..,. 9 en "- <'l N N S"""" __I"- q- og to" !:::' NGj~ 0)- N~;; iiiiiiii ." !!!!!!!!!!!!!!! ~ iiiiiiii .. iiiiiiii .. iiiiiiii - 0 III - iiiiiiii Ii: t- = Ii: - 0 !!!!!!!!!!!!!!! 0 i: .~ ~ - .. - .... .... = .. <.:> I iiiiiiii '" iiiiiiii .... - ~ c..\c-l !!!!!!!!!!!!!!! Q) -t.:. JJ 'tj. iiiiiiii "0 - Q...\l, 0..... iiiiiiii L :>. "0 i !!!!!!!!!!!!!!! .. (S) :> '" .c 0 EXHIBIT A PORTION OF FINAL PLAT OF THE WEST WINDS MAJOR SUBDIVISION PHASE 3 SITUATED IN THE NW 1/4 OF SECTION 2, T2S, R5E, P.M.M. GALLA TIN COUNTY, MONT ANA B OCK I;i "';;. s~ ..J~ ......::-: t-g 08 ...J"' .,; co" b8 "'"'~ "," g~ I- v! OSE:. ..J~. ~ i5! a. ~5 HUNTERS WAY NOC"H'eS W 17.52' .. .---- -- -- -----, I I I I I I I I R=-'105.50 l=12,48 lFO'~8'48. CI1Qrd:c: 12.48, NOO'J6'32-W, d. ii '" NOO'44'J4-E 107,99' .. SOO'44:j4'~-' 128.39' '" ~~ -,... :!~ w ~~ :;;!l' 1lI- EXISTING 12.00' uTll"lTY _ EASEMENT (TyP) N06'4g'29~E 20.17' N8:5'10'31"W ~_ 20. 00.____[ S06'49'29"W~- 25.7;5' w .?~ ,~ :0 'Z- ":;::~ ~,~.. ,,'" s.';;'~~;.379' .- - SO'" 0'0'"' 105.6Ei' SOO"O'07"E 19.76' .... 1:j ~ t.r) :::.:: C3 ~ ill '" 0; P.O.B. SOO'17'OeH[ 30.00' l'm2"lT"fTT }ie.Hr - 1JdYARD A VENUE SOUTHWEST CORNER OF WEST WINDS MAJOR SUBDIVISION PHASE ,} T 2 S. R 5 E, P.M.M. I I z ~ I NOT TO SCALE ( ) EXHIBIT A UTILITY EASEMENT ~ 04A295.101 I APRIL 2007 EASEMEN T -EXHIBITS.DWG Copyright @ 2007 HKM Engineering Inc., All Rights Reserved.