The URL can be used to link to this page

Home My WebLink About00- Bozeman Property Limited; Lot 10-11 Tai Ln Addition, Kagy Blvd - Water & Sewer Pipeline Easement # '- ~ j IJJUlUJJ IJlJI J.I ~~~~~~~p SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT BOZEMAN PROPERTY LIMITED, of 21775 SW Ribera Lane., West LiIll1, OR 97068, the GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main, P.O. Box 1230, Bozeman, MT 59771-1230, the GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sanitary sewer and water pipelines with the usual services, valves, cOIll1ections, accessories and appurtenances for the purpose of transmitting city sewage and water in, through, and across a strip ofland situated in Gallatin County, Montana, and being 30 feet wide, to be located on the following described real property: Lot lOA, Amended Plat of Lot 10 & Lot 11 of Tai Lane Addition, City of Bozeman, according to the plat thereof, on file and of record in the office ofthe Clerk and Recorder, Gallatin County, Montana, and located in the SW 1/4 of Section 13, T. 2 S., R. 5 E. of P.M.M. The Easement is more particularly described and shown on the attached "Easement Exhibit", which by this reference is made a part hereof. This grant includes the right ofthe 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 easements and the pipelines and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline, services, cOIll1ections, 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, repamng, substituting, removing, enlarging, replacing, and maintaining of said water main and sanitary sewer pipeline(s), it will repair or replace, at its sole expense, or pay ... ~ 111111111111111111111 ~~?:r~: Shelley Vanoe~Gallatin Co MT MISC 24.00 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 ofthe 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) agree(s) that: (I) 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) The GRANTOR(S) 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. (4) 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 ~ ~ day of tJ~\'eV'" , 2000. GRANTORS: N PROPERTY LIMITED, a L" te Partnership by: Robert C. J kson, general partner ": STATEOF~ } ss. COUNTY OF On thistJ!)! day of !f'~ ,2000, before me, a Notary Public in and for said State, personally appeared Robert C. Jackson, known to me to be a general partner of Bozeman Property Limited, a California Limited Partnership, and to be 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 said Limited Partnership. 111111111111 U 1111 II ~~~~~:~: Shelley Vanoe-Gallatin Co MT MISC 24.00 _OFFICIAL SEAL . HEATHER M DOTY NOTARY PUBLIC-OREGON COMMISSION NO 330688 MY COMMISSION EXPIRE&JAN .18,2004 I ACCEPTED: "_.~~-~~=\ '".._-'---~ Clark V. Johnson, City Manager for CITY OF BOZEMAN ATTEST: ~fu~~ STATE OF MONTANA } } ss. COUNTY OF GALLA TIN } On this /1 r day of (.a<e~ ,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 WITNE year f1rst. .....,.. \. "'. I WHEREOF, I have hereunto set my hand and affixed my official seal the day and pve writt g:\c&h\99\99402\office\Utility Easement . w , _ _ -1- - -1- - - - - - - - - - - - -Kag1~ ~ I I " -I . '. I OJ Q. I Ul N OJ N cool" CSl I -~ ,.... 0 g NoI"~ I Q.3 a- N-- o..CSl CSl I CSl 01" N U J 0 U) ~I ... E l- E u.. 0 ~I u c - ... ~I - - - - U , . I 0 c - > >- . I - - . .c:. ; U) I Fnd 1 1/ 4.:....!:.on PiPe! ~BANDONE~ _ ff w- __ ff w C~lHI EfrfR .ariI~._ ~ ::::;,......., 'T .!-u 0). 8$'l.n ~~~ NEW I /I 1'-0 \ /1 -lfJ LOT 10C I v I ~ 1 (1Il!llMI 41,350 Sq Ft I - - - - - - -: - - -t - - 0.3493 Acres I p_o 1 tcaro I I o it)'" / I IIJDl !IlMI I I ~I') /1 1 1 '---' ::;: I 0 \ ~ ~ ~ n - ~:~-------------------------------~~~~~~ 1 -; \I::':'~ ~~, _ _ _ _.=-_.=...:=-.=...:=-.=-_.=-_.=-_ =-=-,I.=...:=- ~.=...:=- =-=- ~ - _ PER 125 Fm 2().j~ _ =-=-.=...:=- =-=- _ ~-=-=- --L II - - '298.15 ~ ""- '269'25'40" (1.4) , I ""- [S89'Z5'40"W] I , "- ' 10.00 1M) '- POINT Of BEGINNING 270"00'00" '" [WEST] "" "--SW COR. lOT lOC. AMENDED PlAT OF LOT 10 & LOT 11 OF TAl lAND ADDITION, ell'( OF BOZEMAN I I I ~ lu o l~ EASE ACROSS LOT tOA, OF TAl LA/E Aa LOCATED IN THE SW 1V4 OF SEC. 13, T. 2 S., R, 5 E. OF P.M.M., GAlLATIN COUNTY, MONTANA NT EXHIBIT PLAT OF LOT 10 & LOT n CITY OF BOZEMAN I 1 1 1 1 1 I I I 3=1 20 'to I I I 1 1 1 <(I SI i f-o 1 I~ ~ '- 1 ell' 8. --.J N.N ;;:; i I' a~g ~ 1 ",g ~ J~:L 10.00 (M) // ';:/; LOT 11A [N89"50' 47"E] 089'50'47" (M) 297.96 :N" I~ LEGAL DESCRIPTipN A public utility easement over, under and across 0 portion of Lot lOi~ AMENDED PlAT OF lOT 10 & LOT 11 OF TAl lANE ADDmON, City of Bozeman, accord ing to the plot thereof, orl file and of record in the office of the Cler~ and Recorder, Gall otin County, Montana, Said easement is that: part of said lot 10A described os follows: Commencing at the southwest corner of Lot 10C, said AMENDED "lAT OF lOT 10 & lOT 11 OF TAl lANE ADDITiON; thence no rthl'rrj 359' 56' 29", ass u m ed oz i m uth from no rth, 15.Cp feet along the west I ine of 50 id Lot 1 DC to the point of beginning of the easement to be described; I thence westerly 27\J 00' or:r azimuth 10,00 feet to the east line of the existing ZO,OO foot "ide utility easement os shown on said Amended Plat of lot 10 & lot 11 OF TAl lANE ADOmO~; I then c e northerly 359' 56' 29" azi m uth 30,00 Ie et ala ng t he east li'le of said easement; the nee easterly 090" 00' or:r 0 z imuth 1 0,00 feel to the west I ine of said Lot lOC; thence southerly 179' 56' 29' azimuth 30,00 feel along said west', line to the point of beginning. ! I ! Feet .... I~ AREA- :500 sa FT or 0.0069 ACRE 30 I 1 9 Scale In o ~ o Scale In OWNER OF LOT lOA: BOZEMAN PROPERTY UMITED Meters ~ 3= Boulevard ----------- S,O. VAlVE f!'w ~ >- I --t Sheet 1 of 1 .,' 30 ~ I~ I~ '" jlr' 1:5 ~ 15 15 l:;s 1 I- I I I 1 1 I I 1 I I 1 I I I I RlN-491 0,37 Fl 1<1=4896,45 Fl 5=4896.55 Fl f= 489li I I I I I ~II I V1 I <!ill Fnd 5Y8n rebar with ~~ 1 l/Z Alum. Cop 1-- . I II ~ I 1 I I ~ I--II-il '!c I I I I 1 I 151 I XIST SS SER\o1CE II I 1~1 I ~~~lt' nO:.- I-!'- , l~$ :11 LOT 11.A, 30' I~ , '., LOT 108 20' 'MDE GAS UIlE R/W EAStIolENT TO 1tIoNr.o.w. POWER co. PER 30 Fl.I 1626. 30' WIDE JOINf N:CESS EASEW<< f[J! M I- _I _ ---+ ---+ _PlAT (J' LOT 10 ItIJ lOT 11, T.II lM: JIlOOlCN 1 II \ I I ~ if I I 1 ',-- Fnd 5/8" rebor with 1 1/4" YPC ~ io f!' SS o ell + ... '" io II EXISTING H'I'OOANT 314' EAST #99402(E)