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