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Home My WebLink About00- Norton, David F.; Baxter Creek Business Park - Public Utility Easement .' II "II"" " " " "II" ~~~i~?;?~, Snallay Vanoa-Gallatin Co ~T MlSC 30.00 'I' .. I ~..~ , '. PUBLIC UTILITY EASEMENT AND AGREEMENT DAVID F. NORTON, of Bozeman, Montana, the GRANTOR(S), in consideration of One Dollar ($1.00) and othcr good and valuable consideration, reccipt 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 eascment to eonstruct and maintain sewer pipeline with the usual services, connections, accessories and appurtenances for the purpose of transmitting sewer in, through, and across a strip ofland situated in Gallatin County, Montana, ten (10) feet wide to be located on the following described real property: (PLEASE REFER TO EXHIBIT "A" AND EXHIBIT "B") The centerline 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-dcscribed 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 loeation of the eascment and the pipeline and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline, scrviccs, connections, accessories and appurtenances; (2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the boundaries of the eascment which may, in the opinion of the GRANTEE, interfere or threaten to interfere with or be hazardous to the construction, operation and maintcnance 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 that: (1) That, in connection with the construction of the public sewer pipeline, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewcr pipeline(s), it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any Page 1 of 3 Pages , . '"" 1111111111111111111111 ~~~~~0;?~, Snallay Vanoa-Gallatin Co MT MlSC 30.00 " 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 frQn1 the trcnched area to a dcpth of onc foot, or to the full depth of the topsoil, whichcver is less, and stockpile said top soil for replacement over the trench. It will remove from the site any largc rocks or surplus exca- vating materials or any dcbris that may have been exposed by the excavation and remains aftcr backfilling is completed. And, it will leave the finished surfacc in substantially the same condition as existed prior to the beginning of operations except that the surface of backfillcd areas may be mounded sufficicntly to prevent the formation of depressions after final settlement has takcn place. (3) To lay, construct and maintain said pipelinc in such manner as will not hindcr or prevcnt thc proper cultivation of the tract to which this right of way is hereby grantcd. The GRANTOR(S) agrce that: (1) At no time will they build, construct, erect or maintain any permanent structure within the boundaries of said eascmcnt without thc prior written consent of the GRANTEE. (2) At no time will they modify thc finished grade of the land over the pipeline by removal of existing S9il or by placement offill 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 thc property, or any part of it, and that they will forever defend the title to this property against thc claims of all persons. (4) The GRANTEE may peaceably hold and enjoy the rights and privileges hcrein granted without any interruption by the GRANTOR(S). day of n{....,.!I-I D~/;;.:fn~ David F. Norton DATED this I ~ , 1 999. Page 2 of3 Pages '. . II ~ 1111111111111111 Snallay Vanoa-Gallatin Co MT MlSC 112012071 pag.: 3 of 6 05/09/2000 11 :48R 30,00 ;,' STATE OF MONTANA ) COUNTY OF ~n dO~~~ ~Ss. day of~in the year ifl1Cf, before me L1~ m. ~.b:) (Notary) personally appeared ~ U '- f3- (brt 011\ , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that (he, she or they) executed the same. (1-5-101, 1-5-102, 1-5-203, MCA) ,IIIIII//llr \\' . "1 rr/ ", ~ \-JI. " E: / II .,::., 'C)f ........ "t,,)l <'.... 2~?;..'".'" ....0 S :::::;: ..0\/\8//1/.$-:: :: .,\:.,.J r\<"..:: =1-: :*= :: \". ('~l :,j".'~' ,1~.;. T ." E .-- 0\. L. ._...t .......J . ,,"t... -::.- ;''''",. .. . .' ~::.::~.::: '/ '//0.... ... ","I' ,," SEAL '/'" ..'. ',.., -\' , '>//<:.' OF h~O' "" /1//1111111"" On this Jh ~ f'II. /2A{!~ No ary Pubhc for the State of Montana, residing at cI\~, Montana. My commission ex . s III c!l--- :c; /0 ( I I ACCEPTED: \ \ - CITY OF BOZEMAN ATTEST: ()~;j ~ Clerk of the City Commission STATE OF MONTANA COUNTY OF fnLJQi;K- ) :ss. ) On this /9 day of Jlt;fJJ:.( ,2000, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Clark Johnson known to me to be the City Manager and Robin L. Sullivan, known to me to be Clerk of the Commission of 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. , ..)o~ /', ~Ar. "" . ..~:. . ,,"".,;,.,4>/. "'. . .J.o......y~'~.'.. ".....~ . ...,:/".1"0 \:9:\ ....,: (\I .~ (A, ~ t: : : i~~ i';! :;< ~~;'- i ~; ,,::.. 11-1..... " "T:: :;.L~, ,"". .,' J ;- "i{4 "" .......... t)..f!f /' 3)!~ N tary Pu c for the State of Montana, residin t t51J2-'l!A'Jt1....;L,.., , Montana. My commission expires I()j' (/6/ H:\3130\OOl \EASEMENT\SWS-NORT.WPD Page 3 of 3 Pages ," '. r ;9 . Certificate Of Survey "005 Norton Ranch Inc. 1111111111111111111111 Snallay Vanoa-Gallatin Co MT Ml5C 30.00 NE 1/4 SE 1/4 END OF 10' WIDE f~S~~~~~D BilLION WEST BOUNDARY 5..J!R''''7'_'1P:;_~ 6ZZI~~:' . , ~03.24"- L3..N' 89 57'30"E, 41 1 io iii 'N N ~ 325.16 N89'02'37"E 2666.78' . MORRISON ... MAIERLE,INC An "",~o.m.." om.".."" 0t0INEt/lS SClEHllSTS Sl.1R'IEYOIlS Pl.mNE/tS SiNC( .I<S P.ll. h 11'3 Ill. T........IN, h....... lIT rilTn . """" (<<lOll 5111~11 r..: (401) W-IIn 3130.001 BAXEASM.DWG 6/9/99 o ~o'" ~ 11.0 ~,) -ot- F'!"J' . ot- i~' .~, ,>>u 'Q' c,oJ v' ~. 00'22'13" E ~ . ..... N f'l I g ; c. VI C1 589'51'35" 2012071 Pasta: 4 or 6 05/09/2000 11 :48A 1 " I, 9 . . l ~ll,'n 257.16' 1"';'1~ 16\5 5 C1: t:. -00' 11'24" R -22988.31' L =76,20' C2': t:. -00' 15'01" C2: t:. -00' 08'58" R -22988.31' R -22988.31' L =100.42' L "59.99' EXHIBIT 'B' 10' WIDE UTILITY EASEMENT PAGE 2 /2 -' ~:~ 1111111111111111111111 ~~;~~~~:?~, 5nallay Vanoa-Gallatin Co MT ~l5C 30.00 '~ :"\ ~" ~ EXHIBIT A BAXTER CREEK BUSINESS PARK - PUD August, 1999 Utility Easement A tract of land located in the NE 1/4, SE 1/4, Section 9, T2S, R5E, PMM, City of Bozeman, Montana, and being more particularly described as follows: Commencing on the southeast corner of said Section 9; Thence along the East boundary of said Section 9, NOOo22'13"E a distance of 1232.43 feet to the Northeast corner of 1. C. Billion Auto Plaza Subdivision; Thence along the North boundary of said 1. C. Billion Auto Plaza Subdivision, S89057'30"W a distance of 60.00 feet to the TRUE POINT OF BEGINNING; and being a 10 foot wide strip North of and parallel to the following described line; Thence continuing along said boundary line S88057'30"W for a distance of 603.24 feet to the northwest property corner of said J. C. Billion Auto Plaza Subdivision; Thence continuing along the North boundary line of Gardiner Green Jr., and Triple Three, LLC Montana Ranch Property, Inc., property S88057'30"W for a distance of 15 feet; the end of the easemcnt; The boundaries of said eascment to begin and end on the West right-of-way of Cottonwood Road and 15 feet west of the west propcrty boundary of said J. C. Billion Auto Plaza Subdivision. Said easement bcing 0.14 acres, more or less. H:\3130\00 l\EASEMEN1\UT1L1TY A. WPD