Loading...
HomeMy WebLinkAbout00- Hamilton, Roger & Sandra; Catron St - Sewer and Water Pipeline Easement - it" ' _r,,' ;0 ~ "'" . . SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Roger B. and Sandra D. Hamilton, of Bozeman, Montana, the GRANTOR(S), 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, Bozeman, MT, 59771-0640, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water 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: A 30' wide water line easement to the City of Bozeman, situated in a portion of unplatted land as described in Film 85, Page 459 of Gallatin County Records, situated in the NW~ of Section 35, T.lS, R.5E P.M.M., Gallatin County, Montana and being further described as follows: Beginning at a point which bears S 00013'52" W, a distance of 4.00 feet from the southwest corner of Lot 1 of Minor Subdivision No. 210, said point being on the Right-of-Way line of Catron Street; thence along said line S 00013'52" W, a distance of30.00 feet; thence N 89047'23" W, a distance of 58.41 feet to a curve to the left with a radius of 146.00 feet, a distance of66.79 feet; thenc.e S 63059'52" W, a distance of 160.98 feet to a curve to the right with a radius of 154.00 feet, a distance of 70.51 feet; thence N 89CJ46'08" W, a distance of 123.15 feet; thence N 00013'52" E, a distance of237.24 feet to the south line of Tract 1 of Certificate of Survey No. 2050; thence along said line N 89044'23" E, a distance of30.00 feet; thence S 00013'52" W, a distance of 207.49 feet; thence S 89046'08" E, a distance of93.15 feet to a curve to the left with a radius of 124.00 feet, a distance of 56.77 feet; thence N 63059'52" E, a distance of 160.98 feet to a curve to the right with a radius of 176.00 feet, a distance of 80.52 feet; thence S 89047'23" E, a distance of 58.41 feet to the Point of Beginning. Said easement being 0.473 acres or 20,616 sq.ft. The easement is more particularly described on the attached Exhibit(s) 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: " 1111" 11111111111111 ~~~:?~ Shelley Vanoe-Gallatin Co MT MISC 30,00 Page 1 V . .._~. ~' .,Il :.\'rx. ~~:) I. ,,' ", ,'I"' ~," ~"..:,.i ',' '"""...,-."..........,1 i Roger B. & Sandra D, Hamilton , .~~.,~ ~ (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. THE GRANTEE AGREES: (I) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water pipeline(s), 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 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 th.e 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. (3) To lay, construct and maintain said pipeline in such manner as will not hinder or prevent the proper cultivation of the tr(Jct to which this right of way is hereby granted. 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. Roger B. & Sandra D. Hamilton Page 2 IIII~ 1111111111111111 ~~~~~~?~p Shelley Vanoe-Gallatin Co MT MISC 30.00 . . ~ .. i '.. (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 represelltatives, successors and assigns ofthe parties hereto. DATED this a'f<.... day of ~r ~gd/- ~OR, Roger B. Hamilton ,2000. LJ,A_ GRANTOR, Sandra D. Hamilton INDIVIDUAL STATE OF MONT ANA ) ) ss. County of Gallatin ) On this ;;/!day of J u I ~ ' 2000, before me the nndersigned, a Notary Public fo=tate ofMontana~erso ally appeared1'~ert.B. q.8/JN0R4 b.1J-At11i~own to me to be th~ L-whose namesi1 subscribed to the withi 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. f'S~" 't p- ~ ,~ ."... ( ..... '-., .... ."'..... J ,/ ". ...~.-.. -....-,.,: ::l ,--/,/1 ", ...',....:.., ,~ '-U: .~-r^ !:)i i'f.' - .: '::::: 'K\\ ,l ;l.U, ""i,' -"_ - ~. ~~ ~ ~ ; S'v::'SAJ..,'P' - ~ .. ' ll.'\ \, . -; Y';1'.. ~ . " >. ~~~ ~.- ~~'. ~ <t_""..., ,." ~\;:,~ ..~. 1'." i:'o .,....,.. \.s"'. ,,' "d,: OF' ~r\O""" ~ ,O~ Notary Public for t tate of Montana Residing at Bozem , Montana My Commission Expires 2 - :;.:z - 2"" f Roger B. & Sandra D. Hamilton Page 3 II "1111 " " "" "" "~;~~F:?~ Shelley Vanoe-Gallatln Co MT MISC 30.00 CORPORATE 1111111111111111111 ~;~~F:?~ Shelley Vanoe-Gallatin Co MT MISC 30.00 '~-' " - j STATE OF MONTANA ) ) ss. County of Gallatin ) On this ..._ day of . ,20_, before me the undersigned, a Notary Public for the State of Montana, ~sonally appeared, , known to me to be the of 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 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana Residing in Bozeman, Montana My Commission Expires ACCEPTED: ---'""~_.~ --~ CITY OF BOZEMAN by iffi ~ /!)u/td- ATTEST: ck y ..L~ Clerk of the City Commission STATE OF MONTANA ) ) ss. County of Gallatin ) . tf On thIS 1 day of , 20J2/L, before me the undersigned, a Notary Public for the State of Montana, rsonally appeared CLARK V. JOHNSON and ROBIN L. SULLIV AN, 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. . \. 'I . \. j ~ .. '\, "f" . IN. WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and n~'. . year Hlit abo~ written. '~. :J J,i~'itrsEAI5) ~', .r~At.i;_; . . '.I~~'~i'i::-. . .;. . J} ;J ;J '. ~~ olary PUbli~fMontana Residing at My Commis~io expires 6 ~/.)----.13 Roger B. & Sandra D. Hamilton Page 4 1111111111111111111111 ~~;~~~;?~p Shelley V.noe-Gall.tln Co MT ~ISC 30.00 ~ SCALE: 1 "=1 00' 30' WIDE WATER ----------- UNE EASEldENT TO CITY OF BOZEldAN TRACT 1 C.O.S. No. 2050 RONALD DA VIS 30' ~ I N- 1{)0l - ~ t'1r..: ro ON o (/) R=124.00' L=56.77' 6=26"14'00" R=176.00' L=80.52' \ 6=2612'45" '" S89"47'23"E 0. 58.41' n"~ ''j:v ~'b9 ~ ~o \00.9 1.~ "'b9'j: · so'\oO~~ \ R=154.00' L= 70.51' 6=26"14'00" .I' FILM 187, PAGE 3516 ROGER B. & SANDRA D. HAMIL TON , .' S89"46'08"E 93.15' N89"46'Oa"W 123.15' L R=146.00' L=66.79' 6=26"12' 45" EXHIBIT "A" A 30' WIDE WATER UNE EASEMENT TO THE CITY OF BOZEMAN, SITUATED IN A PORTION OF UNPLA ffiO LAND AS DESCRIBED IN FILM 85, PAGE 459 OF GALLA TIN COUNTY RECORDS, SITUATED IN THE NW1/4 OF SEC1l0N 35, T.1S., R.5E, P.M.M., GALLATIN COUNTY, MONTANA AND BEING FURTHER DESCRIBED AS FOLLOWS: Beginning at a point which bears S 00'13'52" W a distance af 4.00 feet from the southwest corner of Lot 1 of Minor Subdivision No. 210, said point being on the Right-at-way line of Catron Street; Thence along said line S 00'13'52" W a distance of 30.00 feet; Thence N 89'47'23" W a distance of 58.41 feet to a curve to the left with 0 radiu s of 146.00 feet a distan ce of 66.79 feet; Th en ce S 63'59'52" W a distan ce of 160.98 feet to a curve to the right with a radius of 154.00 feet a distance of 70,51 feet; Thence N 89'46'08" W a distance of 123.15 feet; Thence N 00"13'52" E a distance of 237.24 feet to the south line of Tract 1 of Certificate of Survey No. 2050; Thence along said line N 89'44'23~ E a distance of 30.00 feet; Thence S 0013'52" W 0 distance of 207.49 feet; Thence S 89'46'08~ E 0 distance of 93,15 feet to a curve to the left with a radius of 124.00 feet a distance of 56.77 teet; Thence N 63'59'52" E 0 distance of 160.98 feet to a curve to the right with a radius of 176.00 feet 0 distance of 80.52 feet; Thence S 89'47'23" E a distance of 58.41 feet to the point of Beginning, Said easement being 0.473 acres or 20,616 Sq. Ft. LO T 1 OF MINOR SUBDIVISION No, 210 caSTCO Point of Beginning CA TRON STREET OWNERS ROGER B. & SANDRA D. HAMILTON SOO"13'S2"W 30;00' N89"47'23"W 58.41' EASEMENT AREA GROSS AREA: 0.473 ACRES or 20,616 Sq, Ft. LO T 3 OF MINOR SUBDIVISION No. 210 TARGET JUNE 1 3, 2000 99- 506- 4g. 0 WG