HomeMy WebLinkAbout12- Cape France Enterprises Sewer and Water Pipeline and Access Easement and Agreement City of Bozeman-City Clerk 2434277
Page: 1 of 5 12/07/2012 09:25:27 AM Fee: $35.00
P.O. Box 1230
Charlotte Mills - Gallatin County, MT MISC
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Bozeman, MT 59771-1230
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Cape France Enterprises, a Montana General Partnership with offices at 2020 Charlotte
Street, Bozeman, Montana 59718„ the GRANTOR(S), in consideration of$1.00 and other good
and valuable consideration, receipt of which is acknowledged, grant(s) to City of Bozeman,
GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain
sanitary sewer and domestic water pipelines with the usual services, valves, connections,
accessories and appurtenances for the purpose of transmitting in, through, and across a strip of
land situated in Gallatin County, Montana, thirty (30) feet wide to be located on the following
described real property: SW 1/4 OF THE SE 1/4 OF SECTION 26, TOWNSHIP 1 SOUTH,
RANGE 5 EAST, PRINCIPAL MERIDIAN 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(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 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 construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said sanitary sewer and domestic
water pipelines, 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
forination 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 -7 day of Q — r- , 2012.
Donal ape, Jr. —Authorized Agent
CA NCE ENTERPRISES
STATE OF MONTANA )
ss.
County of Gallatin )
On this "� day of &O , 2012, before me the undersigned, a Notary Public
for the State of Montana, personally appeared Donald E. Cape, Jr., known to me to be the person
whose name is subscribed to the within instrument, and acknowle ed to me that she executed
the same. m-
�IerQnse�
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year above written.
(SEAL)
afr"r,.i, i
aUrN`' SEM A rHOMPSON
NOTARY PUBLIC forOf Mor"M
the
Notary Publics for e State of Montana SEAL * PAMN At , "
MY Co+it U""M
of Mo FWWY Ilk,Rol t
(Printed Name) _
Residing at
My Commission Expires Z / 18 /20 15
ACCEPTED:
CIT BO E
O •B o�� By City Manager
ATTESju
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Cit Cle > f,
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ST T.
F MONTANA } 1f�1 fN cti til��
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County of Gallatin ) ff . /
On this day of OL`�OQ� , 2 0(2, 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 Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day
and year first above written.
(SEAL)
� .. AIpAEE BRUNCKHORST
Not y Public for the State of ntana NOTARY PUBLIC for the
°*SEAL;` State of Montana
k
My Commission Expires
(Printed Name) rd.A. ® "' 4 ``"�r December 04, 2012
Residing at-B , Montana
My Commission Expires: _/ /20
EXHIBIT
A SEWER LINE EASEMENT, 30.00 FEET WIDE, 15,00 FEET ON EITHER SIDE OF THE CENTERLINE AS
CONSTRUCTED, SITUATED IN THE SW V,OF THE SE 1/4 OF SECTION 26, TOWNSHIP 1 SOUTH,RANGE 5 EAST,
PRINICIPAL MERIDIAN,GALLATIN COUNTY,MONTANA.
NOO'49'E POINT OF BEGINNING
335.0 1
PROPERTY LINE
S34'12'E
105.5
I�
GEODETIC
N89'50'E
- 557.6
80
I ( IN FEET )
III
SANITARY MANHOLE,
TYP.
1
SURVEYOR'S CERTIFICATE
30' WIDE UTILITY EASEMENT I,Daniel J.Boers,Montana Professional Land Surveyor,License
No.14732LS,do hereby certify that this Fxhibit was prepared under
' SANITARY SEWER MAIN, my supervision in August,2012.
—.
TYP.
A sewer line easement,30.00 feet wide,15.00 feet on either side of
-- 7I r� the centerline as constructed,situated in the SW%of the SE%of
1! P" "ci al Meridian
6 Township 1 South Range 5 East, rtnl
Section 2 P
�lt - P 9
- I
Gallatin county,Montana,more particularly described as follows:
I
A I I ti82T
�OT Commencing at the One-quarter corner between Section 26 and
-%0, ,g29K Section 35,Township 1 South,Range 5 East,Principal Meridian,
L l Montana;
y' Thence N00°49'E a distance of 335.0 feet to Point of Beginning;
Thence S34'12'E a distance of 105.5 feet;
Thence N89'50'E a distance of 557.6 feet to Point of Terminus.
�1 Daniel J.Boers,P.L.S.,CFedS
A
I Montana License No.14732LS
j' Morrsion-Maierle,Inc.,
i � 1
f POINT OF TERMINUS.
-- MORRISON 2880 Technology Blvd.W. DRAWN BY; JCHICJF PROJECT NO.
.
Engmaer: �' COMFORT SUITES z6os.oz4
8ozeman MT 59718
su�reR CHY,V.BV; DJB gOZEMAN MT
Scienas Phone:406)587-0121 APPR.BY;
_j MAIERLE INC. Planners Fax:(406)922-6702 DJB FIGURE NUMBER
DATE: 812012
.1n EmPloy—O,med C mpnny I013 EXHIBIT A
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N.5260510241ACAD1S11ePlan-Moslee.MMFSITE PLAN-EXHIBITS.dwg Plotted by]on hockaday on Sep1712012