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HomeMy WebLinkAbout00- Cook & 4K Partnership; W. Babcock St. Manufactured Home Court - Sewer and Water Pipeline Easement .,.J " ...,. '. .. ~l1f~ JJJUUU IJIJIJll~ ~~~~~~i~~p 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. 1 .; . , THE GRANTEE AGREES: 11111\ IIII~I ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~3~r:~~~ 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. 2 ~ DATED this 2-7 day of tJO\lGM86t:- , 2000. <gv/~ Gene E. Cook, GRANTOR !.' (\ '1.wJ . ..... ,-+-,., '-)Cb8 ~ ( . /" G~:;::L 4 artnership, GRANTOR Gene E. Cook, Managing Partner STATE OF MONT ANA ) ) ss. 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. \ \ " \ I ! , I I '.\ '. '. ,:"~ '.!: / 1// ". -. I . (SEAL) "'" "'. -"'," .'1 ./ , ..._~ .~;"'.'. " . . ,'I:'"': ............... -... '..- :.1;./ . ~ .- . ,,\,' j ~ 1'( ". :~~ :' " -;, . :.,,~l( ~ ". U\. . ,'>..' .... /~ . ...... ...... ...../ '1 J'. . . . ' ' ::\ "<' .... // I:: OF MO~ \,' //1/111\\\\\ ~ Not Public ~e State of Montana Residing at Q.CtU.A../ My Commission Expires -1\ -il n-t'1:> STATE OF MONTANA ) ) ss. County of Gallatin ) 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 \\\11 "'1/ "", ?HNE /1111 ,::-' ~~"",.,~~,^I~ (SEAL) ,,' . '~ .- ~ 'f' NO!"A ....~S __::- ''f.)> ,O~ - --;':m= , '" <:cn= . J~/ll: ~ -~/ ~"" .<...- ."1f- 2' "";)~A1'O' 'N'1" ~~~",,,,, I; ", 111111111\\\\ 3 11111111111111111111 Shelley Vanoe-Gallatin Co MT MISC 112027900 Palle: 3 of 7 01/04/2001 02:26P 42.00 .: .. . STATE OF MONTANA ) ) ss. ) , 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) , L, ~ ," ,.. ~cWD Notary ubhc fO~he State of Jy1on. tana Residing at () O~ 0.. ~J.1\. -' My Commission Expires 1\- {\ 0 -03 \ \ " I I I I f \ \ \. , ',c: ! !. ! 1/ ~.... " ."\ /' ... r \. ~ ~ '- '. ' '- ' .... . ,," ."? - I ~g' _ ~~ "~~'. S';,'. J, 'c,":: -- U. ~ ,-> ,,\ ....... "" "A'. ' ..... .... ". "'1:... . . . . ' ,\ '(- "- '/ "t:; OF uO\\' <' /1 - 1'/\ \ \ 111/11\\\\ 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: 'J)~ ~~ Western Security Bank, MORTGAGEE Darrell Berger, Commercial Loan Officer ST ATE OF MONT ANA ) ) ss. 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) \ \ \ \ \ I : I I; / \\\ '1/; ",,-,, t<.'\\~.~7N /,,11// ,:- 'V r. . ' '. <) 0 ''". ~ .~. ".~~.- f / \\OT AAI.Aj .... ~ :- }t:' --_ t.. :~(~'" S Ei r -' ;4'= -:. ....,.', . tL " >'J";'- .... r '" ' , '-'" '.- .~// /~.. It.. "l'~''"'''::-- ',.-, '-' : : '.: ',' -''''- ~ .<" Notary Public ~ta~f~ Residing at .0 jL My Commission Expires $- - J-. ;L - 6 ~ 4 111111111111111111 Shelley Vanoe-Gallatin Co MT MISC 11112027900 PAlle, 4 of 7 0110412001 02:26P 42.00 .. , IIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII \11\ ~~;~1~;~~p Shelley Vanoe-Gallatin Co MT MISC 42.00 ACCEPTED: =-.l-i.-- CITY OF BOZEMAN by its Ci ty Manager ATTEST: ~"j~ Clerk of the City Commission STATE OF MONTANA) ) ss. 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. , ~ 'I ...t........., ,.j . PAr....". .~) ,,"{SH~~"~,: .\.' C/) *0 ......-</ \. 1;7. ~:..A \(-. a l. )710 ~ ~. . ~ ~ : l> . .;-> Y"~:..... o. r'" '.' 'v" ." ..' ;,.1>.... ..... . ,,' ~\:" ",/. ......,.. 0 '4 ......,~C ~ . No ary ubli:fi e State of Montana Residing at ozeman, Montana My Commission Expires: to -If --8/ , 5 ."'-. ,.- ~ EXHIBIT A ~11 @3~~ ~~ ~~~ ~ @@(YHfij 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 , ". I . : 12' ACCrsS EASEMENT . TO SANIf,,iRY SEWER MANHOLqS '--'i;i,..r~ - ;~.? .. -,,~ "~ ----:.;.~ .~U) *~ ;rJ '("I ir.,; iO> . . Ul Q) (H o 0> o o fTl- i: ,~ fTI ~ Ul ~ tl:l ~ n o n lll: 00 ~ ~ tI1 tI1 ~ .~ 49 I ~' I I I I I I I , ~. I I I I I I I ti.tz I ~al ,\ 53 l.)~I;' ffiCI ~ :J1 IoJgl ~ol . ~l ~ J ~q I ,,>, .. 1_~~'~~~I~~.1 Ol Ol ... 01 O'!. 50 51 ;.!,;~ t.I .... .,.. ..., .... 52 :?: J 54- 55 \ ' i \; : ~ ;4- 1 ; f\ +- CENTER }I, SEe. 11, _ _.-LJ T. 25., R. 5E., P.M.M. I Prepared By. \ 2~ Rocky Mountain Engineers . Olvl Englneertlg a. Lend Surveying 1700 Weel Koch street. Suae 7, Bozemon. Montona 59715 (406)-586-4859 ] MAIlING FLENAME: \728-Eo......"t.dw9 11/16/2000 SHEET 2 OF' 2 SCALE: 1 "= 100' o 50 100 200 S'VN1 -. alSI ~u , N""N go...... i ;:"'1 ~ & Sl & '1J . ,,, ~ 1111111111111111111111 ~~~~~;~~ Shelley Vanoe-Gallatin Co MT MISC 42.00 .. ,.,...- EXHIBIT A W~Lf lID&OO@@~ ~~ lOlIA\~fi\@LfQ@~ ~ ~1r 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