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HomeMy WebLinkAbout11- South Meadow Sewer and Water Pipeline Access Easement and AgreementCity of Bozeman -City Clerk P.O. Box 1230 Bozeman, NIT 59771 -1230 2397930 Page, 1 of 6 09129/201.1 11:09:02 AM Fee $42.00 Charlotte Mills - Gallatin County, MT MI9C 1111111 111111 III III! 1111111 !11111 IIII IIII VIII VIII 1111111 III VIII VIII IIII IIII SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT South Meadow, Inc., the GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants to the City of Bozeman, a Municipal Corporation of the State of Montana, 121 North Rouse Avenue, Bozeman, MT 59715, the GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water and wastewater in, through, and across a strip of land situated in Gallatin County, Montana, two (2) feet wide to be located on the following described real property: Lot 1, South Meadow Minor Subdivision No. 294, located in the Southwest Quarter of Section 19, Township 2 South, Range 6 East of the Principal Meridian of Montana, City of Bozeman, Gallatin County, Montana. 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, 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 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 (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. THE GRANTEE AGREES: (1) That, in connection with the constriction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewer and water 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 warrant 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. DATED this r , ,day of -7-2 - x 2011. l e fi�outh Meadow, Inc. Ken LeClair, President STATE OF MONTANA ) ) ss. County of Gallatin ) On this / `� 4", y ` - da of ✓ "r� ' .w.... -- 2011, before me the undersigned, a Notary Public for the State of Montana, personally appeared, Ken LeClair, known to me to be the President of South Meadow, 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 South Meadow, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ivyµ A µ f � ' Notary aw Public for e State of Mo ntna "a � (, „ „ ,- Notary Name Printed: "' Residing in Bozeman, Montana My Commission Expires: c. 1 1 2.0 2_._ o ACCEPTED: DATED this 'day of 2011. CITY OF BOZEMIAN Title: U. - ATTEST 0.. City Clerk 1883 STATE OF m6 ss. County of Gallatin 4�1 - On this — ' - day of 201 before me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI and STACY ULMEN, known to me to be the City Manager and City Clerk, respectively, of 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 on the day and year first above written. (SEAL) Notary ublic for the State of Montana Notary Name Printed: Residing at Bozeman, Montana My Commission Expires: SE AI MF-F- 4415 or "TAN" J z L EXHIBIT :4 J N Bs•es at x h' SEJYER, X`ATER AND ACCESS EASEMENT REYISION w LOT 1, SOUTH MEADOX MINOR SUED. Na 294 i � ��5 LOCATED IN THE SWy SEC 19, T--S, R.46E, P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA Q� SJ w N I N 2 l 3 ° 'E t = Js'17' N zrls's4-s LOT f N 2r15O 3' 6 °aps. S 20.00 ° SOUTH MEADOW { / erg` s �� s zr195r r `t' \ d!/NOR SURD, No 294 zt.be i 2825' { p h i1B.60 !� 49 £ S 89'96'54 - IF 143. eb• 41 N 89 96S� ° W tb \ S JO "IG2P� A' 168.44 Scale: t 80" M 2 '40" 2.21 0 40 80 @. c z i� . r`- z�u '-i s aP ' .� �1`� 2 WIDE EASEMENT TO BE 4� :I RELEASED AND RECONVEYED TO ee 4 � f o /fO tJ• ARP °' iq SCU7 MEADOW, INC. 2 r'7 NBS003'D9 Y - M� ( ('• hlf �1 Y I �jl X 'MDE EASEMEN CITY BE EDicATED TO n N 8979'34" W 426, 17` z D< i r, DiCITY of f O4' BOZEMAN <9 11 f. E 51' 1 2.51 59000 W N 00'40 26 £ 85..00' ' 24.46 ` N 00100'00"E 5 90 W 389,34` 37.55' 5 � t 2 R s�� Rocky Alountain Engineers. a.LLC. CIA EnpMaerin9 d Lend B. -yi110 t 70 0 Wes[ K oeo och Street. Suite 2 SHEET 1 OF 2 9-- Mool sells (406)586 -4859 D.awing Fit, N 966Tapo,tlwg 0$/04/2011 2' WIDE EASEMENT TO BE RELEASED AND RECONVEYED TO SOUTH MEADOW, INC. 426-17 N 00*40'26"E 24.46 0 2' cy) (1 6 4 C"'' V 00 1 co to I Iz C � 2.04' S 81 E 2.00 N 09 8.58 20.00 S 09'41'01 9.01' 2' WIDE EASEMENT TO BE DEDICATED TO THE CITY OF BOZEMAN '- 49.74' 2.57 S 90000 W 85.00' N 00*00'00 "E 37.55 0��=M Prepared By. Scale: 1"= 50' 77! 0 25 50 Rocky Mountain Engineers, P.L.L.C. Civil Engineering & Land Surveying 1700 Most Koch Street, Suite 7 Bozeman, Montana 59715 (406)586-4859 Drawing File Name: 866[opo.dwg 05/04/2011 J EXHIBIT : 4 V SEXER, EATER, AM ACCESS EWSCAfEiVT REVISIOjV LOT 1, SOUTH AfEA,00#r AffNOR SUBO. No. 294 L OCATED IN THE S) YO SEC. 19, T. 9 S., R. 6E, P. Af A. f CITY OF BOZEAMN, G,4LLATTV COUNTY, MONTANA SHEET 2 OF S 52*54'5 / 2.2 2' WIDE EASEMENT TO BE RELEASED AND RECONVEYED TO SOUTH MEADOW, INC. 426-17 N 00*40'26"E 24.46 0 2' cy) (1 6 4 C"'' V 00 1 co to I Iz C � 2.04' S 81 E 2.00 N 09 8.58 20.00 S 09'41'01 9.01' 2' WIDE EASEMENT TO BE DEDICATED TO THE CITY OF BOZEMAN '- 49.74' 2.57 S 90000 W 85.00' N 00*00'00 "E 37.55 0��=M Prepared By. Scale: 1"= 50' 77! 0 25 50 Rocky Mountain Engineers, P.L.L.C. Civil Engineering & Land Surveying 1700 Most Koch Street, Suite 7 Bozeman, Montana 59715 (406)586-4859 Drawing File Name: 866[opo.dwg 05/04/2011