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HomeMy WebLinkAbout07- Bozeman Deaconess Health Services, Inc. Sewer Pipeline and Access Easement and Agreement, 2007 . Bozeman City Clerk P.O. Box 1230 Bozeman, MT 59771~1230 '."""';.~, -' SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Bozeman Deaconess Health Services, Inc., a Montana non-profit corporation with address of915 Highland Blvd., Bozeman, Montana 59715, the GRANTOR, in consideration of $1.00 and other good and valuable consideration, receipt of which is acknowledged, grant(s) to The City of Bozeman, a municipal subdivision of the State of Montana with address of 411 East Main Street, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual easement . to lay, construct and maintain sewer pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting waste water with the sewer lines in, through, and across a strip of land situated in the City of Bozeman, Gallatin County, Montana, with said easement being the width and specific location as is described on Exhibit A, attached hereto and incorporated by reference herein, located over portions of Tracts 1 and 2 of Certificate of Survey 2047, as shown and identified on the plat of the Knolls at Hillcrest located in Township 2 South, Range 6 East, P.M.M 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 Lo the GRANTOR in order to survey and establish the route and location of thc easement and the pipeline and to: (] ) 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 bmsh 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. 1111111111111111111111111111111111111111111111111111111 ~~,~jr~~~p _ ~ -.. J ~ Ch"rloU.. Mills-Gallatin Co MTMISC ___ ~5.00 __ . . . THE GRANTEE AGREES: (1 ) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewer pipelines, 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 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) wan-ants 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 he binding upon the heirs, executors, administrators, personal represcntatives, successors and assigns of the parties hereto. e:I..lswpipe.eas 5 1111111111111111111111111111111111111111111111111111111 ~~5~1r;~~, Charlotte Mills-Gallatin Co M1MISC 35.00 . DATED this 'd~day of 3.e~o'Y)l0ev 20 0'1 '-' Bozeman Deaconess Health Services, Inc. ~~/l~ G NTOR ~~~. ....; . ST A TE OF MONTANA ) : ss. County of Gallatin ) iih On this 91 day of Sef*-m~v ,2007, before me the unde.rsigned, a Notary Public for the State 9fMontana, personally appeared, JdnnA. NOYTIl)j'''UL , known to me to be the \+t~\ ~efl+ 0" t..Eb of Bozeman Deaconess Health Services, Inc. and the person whose name is subscribed to the within instmment and acknowledged to me that he executed the within instmment for and on behalf of Bozeman Deaconess Health Services, Inc.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. . \\\\\\\\\I!il/I//I//l" \\\\, \.. IN G 1/& -;$-" ~ -{ . . . . ~.A-:/h~ I~ <<.; .' jI ;..., '$~' .~ ~ () .:~Ol AR1Al. '.~ ~. ~ * : -'- : * = i ~;. .S~.:~g ~ ~.,.;. . . . . . ~~ ~ ~//;I.C:- OF Mn\\",\~ 1'/1/1111111\'1 \ \, . 12CPC, (SEAL) Lru~~~ IrnfrYID1A-- Notary Pu~ State of Montana C ho t:j\ 1()~efYL('\'f\ (Printed Name) . Residing in ~eJYl~ My Commission Expires . I I \ ') ACCEPTED: '" . "-...j. ',I ~""'" ' .... ". J" ~", "\Ii" '. ,~~~;' '..r~":1I .., I~'} \. ~., . ::i:\ \ i' ~: \- r--' "'';/ ~ ~ 'ATTES-i:.:::.... . "":~. ,- . \ '. _ "\ ~~~.~ ''I ,. .....:.........'..::;', ,~ . \. -.., \' ~ ~~T~~ City Manager '" . STATE OF MONTANA ) : SS. County of Gallatin ) .~ ' On this ---.11__ day of ~, 2007, before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKI and STACY ULMEN, 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 B07,eman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day e:\...\swpipc.eas h 1111111111111111111111111111111111111111111111111111111 ~~~~1?~:~p Charlotte Mills-Gallatin Co MTMISC 35.00 . . . and year first above written. ~"''''''tll'''A~ "'~",,,~ 3l"~!. ""...," 'l.l,. ~ ,,~ "'. ' . cr' Jo ,~ , $,' J .. ~~, ~ ::". I ~ C-; ~ - . .'. ,'::m! :~. '~, ':~" " . ~ .\r :::;" '''~''''lc''''''I'''''''' '" ',''','' ~ . " ," ~ . ..~,..... " .,' "i('"'~ ' ~ r...':"- 'I ~~ ~f1~"'''''\\\\\'i: (Printed Name) Residing at Bozeman, Montana IJ I. In My Commission Expires: It -HQ,./20tlL- e:\.., \swpipe,eas 7 11111111111111111 111111111111111111111111111111 11111111 ~~~1;~~:, Charlotte Mills-Gallatin Co MTMrsc 35,00 - -. - -'-'- EXHIBIT A . CITY OF BOZEMAN SEWER EASEMENT OVER PORTIONS OF TRACTS 1 & 2 OF CERTIFICATE OF SURVEY No. 2047, AS SHOWN AND IDENTIFIED ON THE PLAT OF THE KNOLLS AT HILLCREST LOCATED IN TOWNSHIP 2 SOUTH, RANGE 6 EAST, P.M.M.,CITY OF BOZEMAN, MONTANA LEGAL DESCRIPTION EXCLUSIVE EASEMENT FOR THE CITY OF BOZEMAN AREA 1 An area of land adjacent to the southerly boundary of the Aspen Pointe Drive Right-of-Way, over & across Lot 2 and Lot 3 of Block 4 of the Knolls at Hillcrest Subdivision located in the East One-Half of the East One-Half (EY:iE%) of Section 18, Township 2 South, Range 6 East, Principal Meridian Montana (P.M.M.), City of Bozeman, Montana being more particularly described as follows: . BEGINNING at a point on the easterly Right-of-Way of Kenyon Drive from which the northeast corner of said Section 18, a 1" 0.0. iron pipe, bears North 28" 16' 47" East a distance of 2078.81 feet; thence North 30" 26' 04" East a distance of 30.62 feet to an easement corner; thence southeast a distance of 42.21 feet along a tangential curve concave southwest having a radius of 208.00 feet, a central angle of 110 37' 35", a chord bearing of South 420 33' 40" East and a chord length of 42.14 feet to an easement corner; thence South 36044' 53" East a distance of 103.43 feet to an easement corner; thence southeast a distance of 295.77 feet along a tangential curve concave northeast having a radius of 202.00 feet, a central angle of 83053' 32", a chord bearing of South 78" 41' 39" East and a chord length of 270.05 feet to an easement corner; thence North 590 21' 35" East a distance of 56.99 feet to an easement corner; thence North 59" 21' 35" East a distance of 84.85 feet to an easement corner; thence northeast a distance of 46.19 feet along a tangential curve concave southeast having a radius of 170.00 feet, a central angle of 150 34' 08", a chord bearing of North 67" 08' 39" East and a chord length of 46.05 feet to an easement corner; thence North 74" 55' 43" East a distance of 97.02 feet to an easement corner; thence South 20. 01' 35" East a distance of 5,10 feet to an easement comer; thence South 50. 56' 16" West a distance of 47.80 feet to an easement comer; thence South 640 40' 47" West a distance of 176.47 feet to an easement corner; thence South 64" 40' 47" West a distance of 143.43 feet to an easement comer; thence North 770 21' 13" West a distance of 171.49 feet to an easement corner; thence North 40" 42' 17" West a distance of 21 0.05 feet to the Point of Beginning containing 0.428 acres, more or less. LEGAL DESCRIPTION EXCLUSIVE EASEMENT FOR THE CITY OF BOZEMAN AREA 2 An area of land adjacent to the northerly boundary of the Aspen Pointe Drive Right-of-Way, over & across of Tract 1 of Certificate of Survey No. 2047 located in the East One-Half of the East One-Half (E%E'hj of Section 18, Township 2 South, Range 6 East, Principal Meridian Montana (P.M.M.), City of Bozeman, Montana being more particularly described as follows: BEGINNING at a point on the northerly Right-of-Way of Birchwood Lane from which the northeast comer of said Section 18, a 1" 0,0. iron pipe, bears North 7" 17' 46" East a distance of 1674.59; thence North 78" 12' 40" West a distance of 11.50 feet to an easement corner; thence South 37" 33' 43" West a distance of 158,06 feet to an easement corner; thence North 740 55' 43" East a distance of 13.45 feet to an easement corner; thence east a distance of 123.53 feet along a tangential curve concave north having a radius of 120.00 feet, a central angle of 58" 58' 53", a chord bearing of North 450 26' 17" East and a chord length of 118.15 feet to an easement comer; thence North 15" 56' 50" East a distance of 38.01 feet to the Point of Beginning containing 0.087 acres, more or less. . fit >>A~ TG 7-4-07 021-01 KHE ORAWN BY: OATE: PROJECT NO. FILE NAME: 1970 SladlUm OHve, SullaS Bczeman, MT 59715 586.5599 OffIce 588.4490 Fax BASIS OF BEAf\lN.G Geodetic North at Lat. N 45' 39' 58.10284" Long. W 111' 01' 26.38612' OPUS - NAD 83(CORS06) (EPOCH:2002.0000) 1111111111111111111111111111111111111111111111111111111 2284594 Page: 5 of 5 11/15/200704:05P Charlotte Mills-Gallatin Co MTMISC 35.00