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Home My WebLink About09- Bozeman Partners (Spring Creek Alzheimer Care) Sewer Pipeline Easement and Agreement.~ t { J Rettlrn to: City Clerk City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 SEWER PIPELINE EASEMENT AND AGREEMENT Bozeman Partners LLC 111 Market St. NE Suite 200, Olympia, WA 98501, 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 14 LF of sewer pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sanitary sewer in, through, and across a strip of land situated in Gallatin County, Montana, to be located on the following described real property: NW 1/4 of Section 2, T2S, RSE, P.M.M., West Winds Major Subdivision Phase 4, Block 2, Lot 1. The easement is more particularly described on the attached Exhibit A which by this reference is made a part hereof, and as described below: Commencing from the center quarter corner of Section 2; North 61°32'35" West a distance of 1969.68 feet to the point of beginning of the sewer pipeline easement, also being a point on a curve of the east right-of--way of Windward Avenue; Thence, along said curve to the left, concave westerly, with a radius of 330.00 feet, a delta angle of OS°12'38", and a chord bearing North OS°56'32" West, 30.00 feet; Thence, leaving said right-of--way, North 84°03'28" East a distance of 30.00 feet, Thence, South OS°56'32" East a distance of 30.00 feet; Thence, South 84°03'28" West a distance of 30.00 feet to the point of beginning. Said tract of land being 0.02 acres. 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 tlly 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. ~ 2323898 Page: 1 of 4 03!13!2009 08:26:41 AM Fee: $28.00 ~A~,',~~ Charlotte Mills -Gallatin County, MT MISC IIIIII IIIIII III IIII (VIII IIIIII IIII IIII III I IIIIIII III IIII IIII III THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sanitary 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 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. DATED this l2 ~, day of ~~,1~,~,~Qizf_ , 20 0! 'tip GRANTOR - Bozem Partners LLC Title: Owner STATE OF WASHINGTON ) ss. County of Thurston ) On this ~ day of , 204 before me the undersigned, a Notary Public for the State of Washington, per nally appeared, Aaron Koelsch, known to me to be the Managing Member of Bozeman Partners LLC 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 Bozeman Partners LLC. 2 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notorial Seal the day and year first above written. ~-'~~,4}c~J~l`-I'0'yLD Notary Public for the State of Washington EI(~ rn. Sl~~.a (Printed Name) Residing in C.Q,wt~s My Commission Expires ~/ 2/ /202. (SEAL) ELLEN M. SHARBONO NOTARY PUBLIC STATE OF WASHINGTON i t-4y Commhsi~ Expi-~s ApHi 2i, 2oiZ ~ t ............................ ACCEPTED: ~`'c j.g ....~..~l~~1 ~ ;~_ ~~~ 4r j ~ 4 /~ Lr pl,"~ l"~tJ4 ~~ X15 i..~ STATE ~~ ivi~NTANA ) ss. County of Gallatin ) CITY OF BOZEMAN By its City Manager On this ~ day of ~~~~. , 20th before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKI and STAGY 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 Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal t day and year first above written. \~~~\~~~E E kll ~/~~~ ~~ ~~~ ~ ~ ~S ~i P.~ ~.s~ ~~ NO~'r~rtinL. ~` (SF~Lj -- - _ _ Not Public for the State of Montana = ~:~ AIMEE KISSEL Via. ~~`°}*~ t t NOTL~RV F~V BLIC "+L~ .~ #~ 1~'YI~~.. ~~GJ FOR THE STLITE OF fv1c~NTnNn j`'7~ , ~+~~ (Printed Name) BOZEMAN. MONTl1NA /j~ ~~ '~`_~~ MV COMMISti1C>N tXF'IFTES j~-r, MO~\,~\\ Residing at Bozeman, Montana ~ ~ - t" 1 ~" ' ~ ~' ~ ~ ~ ~ ~ ~'~ ~ ~ v My Commission Expires: _/ /20 L w ,- Q ~- =o o_ ~~~ Z Y 3~ 0 ~ J ~ a] 3 I EXHIBIT A PORTION OF FNVAL PLAT OF TFE WEST WINDS MAJOR SUBDIVISION PHASE 4 SITUATED IN TF~ NW V4 OF SECTION 2, T2S, R5E, P.M.M. onLLnTrI couNrv, MorlrnNn ~'; 1 `' , 11 '~~ \\ '~ `~t 1 WEST WINDS PHASE 4 ~~ `1 1 BLOCK 2, LOT 1 1111,, 1 1 `+l 1 SEWER EASEMENT ~,; '~; 30~00'~F, AREA = 0.02 AC. 0' N$4'0~ 28"~0 cn w 2 8" ~(~'° rn o 1= 0.00', ~w q 16' ..W , ~u ~~, ._,. ,.~m P j !; ~ ~ W ~~ ~ ~ II ~ ~ ~Ii ~ I Q li I I ~ Z I--t-- E / O CENTER 1/4 OF SECTION 2,~ T 2 S, R 5 E, P.M.M. 0 0 _.. ~N 30 0 30 scale ~ ~~ = 30' feet EXHIBIT A SANITARY SEWER EASEMENT ,~ ,.. BOWL HKM Oi\28\10010\Ol\dwg\EA$EMENT-E%HIBIT.dwg 2/10/2009 IOi22~26 AM MST Copyright (C) 2009 DONL HKM, All Righta Raaarvad. THE CITY OF BOZEMAN 20 E. OLIVE • P.O. BOX 1230 BOZEMAN, MONTANA 5977 1-1 230 ENGINEERING DEPARTMENT PHONE: (406) 582-2280 FAX: (406) 582-2263 REPORT TO: FROM: SUBJECT: MEETING DATE: Commission Memorandum Honorable Mayor and City Commission Brian Heaston, Project Engineer Chris Kukulski, City Manager Water/Sewer Pipeline Easements -Spring Creek Alzheimer Care March 9, 2009 Consent Agenda RECOMMENDATION: Authorize the City Manager to Sign a Water Pipeline Easement and Agreement and a Sewer Pipeline Easement and Agreement for the Spring Creek Alzheimer Care development. BACKGROUND: A partially executed Water Pipeline Easement and Agreement and a partially executed Sewer Pipeline Easement and Agreement between Bozeman Partners, LLC and the City of Bozeman is attached. The easement will allow construction of public water and sewer infrastructure on the project site of the Spring Creek Alzheimer Care development. Engineering Staff has reviewed the documents and has found them to be acceptable. FISCAL EFFECTS: N/A ALTERNATIVES: None recommended. Respectfully submitted, Brian Heaston Project Engineer Attachments: (1) Sewer Pipeline Easement and Agreement (1) Water Pipeline Easement and Agreement Report compiled on February 26, 2009 cc: Project File Approved by: Chris A. Kukulski City Manager HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK