HomeMy WebLinkAbout00- Cook & 4K Partnership; W. Babcock St. Manufactured Home Court - Sewer and Water Pipeline Easement
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SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
(West Babcock Street Manufactured Home Court)
Gary L. Cook of6115 Fowler Lane, Bozeman, MT 59718, Gene E. Cook, and 4K Partnership of
2504 W. Main St., Suite L, Bozeman, MT 59715, the GRANTORS, in consideration of One
Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged,
grant to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main,
Bozeman, MT 59715, GRANTEE, its successors and assigns, a perpetual easement to lay,
construct and maintain sanitary sewer and water pipelines with the usual services, valves,
connections, accessories and appurtenances for the purpose of transmitting waste water and
water in, through, and across a tract of land situated in Gallatin County, Montana, to be located
within the following described real property:
The East half of the East half ofthe Northeast Quarter ofthe Southwest Quarter (El;; EYS NE1;4
SW1;4) and the West half of the East half of the Northeast Quarter of the Southwest Quarter (Wl;;
EYS NE1;4 SW1;4), Section 11, Township 2 South, Range 5 East, Principal Meridian Montana,
Gallatin County, Montana. Containing 20.1542 acres, along with and subject to any existing
easements.
The easement is more particularly depicted and 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 GRANTORS 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 ofthis 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.
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THE GRANTEE AGREES:
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Shelley Vanoe-Gallatin Co MT MISC 42.00
(1) That, in connection with the construction, operating patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said sanitary sewer and water
pipelines, it will repair or replace, at its sole expense, or pay to GRANTORS 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 GRANTORS AGREE:
(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 ofthe 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 GRANTORS 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 GRANTORS. 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.
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DATED this 2-7 day of tJO\lGM86t:-
, 2000.
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Gene E. Cook, GRANTOR
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4 artnership, GRANTOR
Gene E. Cook, Managing Partner
STATE OF MONT ANA )
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County of Gallatin )
On this d;L day of _,,\[)\)~ Xy\ar ,2000, before me the undersigned, a
Notary Public for the State of Montana, personally appeared Gene E. Cook, known to me to be
the person whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year above written.
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STATE OF MONTANA )
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On this d.\ day of V\ ('){ W\I\J...-~ , 2000, before me the undersigned, a
Notary Public for the State of Montana, personally appeared Gary L. Cook, known to me to be
the person whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year above writ\rPr
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STATE OF MONTANA
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County of Gallatin
On this ~ day of j..\OlX mry.,. ,2000, before me the undersigned, a Notary
Public for the State of Montana, personally appeared, Gene E. Cook, known to me to be the
Managing Partner of 4K Partnership, 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
4K Partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
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Notary ubhc fO~he State of Jy1on. tana
Residing at () O~ 0.. ~J.1\. -'
My Commission Expires 1\- {\ 0 -03
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CONSENT OF MORTGAGEE:
THE UNDERSIGNED MORTGAGEE, does hereby join in and consent to the described
easement, releasing our respective liens, claims, or encumbrances as to any portion of said lands
now being described as roads, avenues, parks, or other public uses and being granted to the use
of the public.
MORTGAGEE:
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Western Security Bank, MORTGAGEE
Darrell Berger, Commercial Loan Officer
ST ATE OF MONT ANA )
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County of Gallatin )
On this 30 day of .~~ , 2000, before me the undersigned, a Notary
Public for the State of Montana, personally appeared, Darrell Berger, known to me to be a
Commercial Loan Officer of Western Security Bank, 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 Western Security Banle
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
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Shelley Vanoe-Gallatin Co MT MISC
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ACCEPTED:
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CITY OF BOZEMAN
by its Ci ty Manager
ATTEST:
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Clerk of the City Commission
STATE OF MONTANA)
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County of Gallatin )
On this /8""& day of jf'.-ct'!!.ntl'J ~ ,2000, before me, a Notary Public for the
State of Montana, personally appeared CLARK V. JOHNSON and ROBIN L. SULLIVAN,
known to me to be the City Manager and Clerk of the City Commission 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.
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EXHIBIT A
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LOCATED 'NITHIN THE E16 E16 NE14 sW14 AND THE YM E16 NEl( sW1( OF' SECilON 11. Us, R5E. P.........
CITY OF BOZEMAN. GALLAllN COUNTY. MONTANA
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12' ACCrsS EASEMENT .
TO SANIf,,iRY SEWER
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Prepared By.
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Rocky Mountain Engineers
. Olvl Englneertlg a. Lend Surveying
1700 Weel Koch street. Suae 7, Bozemon. Montona 59715 (406)-586-4859
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EXHIBIT A
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LOCATED W1lHIN lHE E* E* NE14 sW14 AND lHE ~ E* NE14 SW14 OF SECTION 11, T2S, R5E, P.M.M.
CITY OF BOZEMAN, GALLAllN COUNTY. MONTANA
LINE TABLE
UNE BEARING LENGTH
L1 N 00' 07' 57" E 9. 13
L2 S 89'52' 03" E 20.00
L3 S 00'07' 57" W 8.87
L4 N 89'23' 36" E 1. 55
L5 S 00. 11' 53" W 30.00
L6 N OT 02' 19" W 20.00
L7 N 00' 11' 53" E 34. 23
L8 S 69'24'00" W 83. 50
L9 N 00'28' 57" E 12.86
L10 N 69'24' 00" E 83. 44
L11 S 69'24'00" W 81. 73
L12 N 00' 28' 57" E 12.86
L13 N 69' 24' 00" E 81. 66
L14 S 6T 41' 53" W 10.56
L15 N 22. 18' 07" W 20. 00
L16 N 67" 41' 53" E 12.67
L17 N 89'24' 00" E 32. 29
L18 S 06' 54' 00" W 20.00
L19 S 06'54' 00" W 20.00
L20 S 89' 48' 07" E 21. 50
L21 S 00' 11' 53" w 20.00
L22 N 89' 48' 07" W 21. 50
L23 S 15' 11' 53" W 20.00
L24 S 00.52' 23" W 41. 59
L25 S 89'48'07" E 22. 14
L26 S 00. 11' 53" W 20.00
L27 N 89'48'07" W 22. 38
L28 N 89'23' 36" E 57. 77
L29 N 00'36' 24" W 28. 44
L30 S 89'48' 07" E 9. 64
L31 N 11"54'10" E 57. 26
L32 N 78' OS' 49" W 21. 93
LINE TABLE
UNE BEARING LENGTH
L33 N 11'54'10" E 20. 00
L34 S 78' 05' 49" E 21. 93
L35 N 89'48'07" W 10.50
L36 N 00' 11' 53" E 20. 00
L37 S 89' 48' 07" E 10. 50
L38 N 89. 48' 07" W 10. 50
L39 N 00' 11' 53" E 20. 00
L40 S 89'48'07" E 10. 50
L41 N 89. 24' 00" E 30. 00
Prepared By.
Rocky Mountain Engineers
Civil Engineering a. Land SUrveying
1700 _I Kach Street, Suite 7, Bozemon, Monlana ~971~ (406)-586-4tl59
DRA'MNG FIlENAME: \728-EaHmont.dW'J 11/18/2000
SHEET 1 OF 2