The URL can be used to link to this page

Home My WebLink About14- Sundance Springs Ellis View Sanitary Sewer Pipeline and Access Easement and Agreement City of Bozeman-City Clerk P.O. fox 1230 Bozeman, MT 59771-1230 j 2473483 Page: 1 of 5 01/29/2014 03 07.33 PM Fee $35 00 Charlotte Mills - Gallatin County, MT MISC 1 IIIIIII IIIIII II IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII 11111 IIII IIII SANITARY SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Sundance Springs Residential Owners Association, Inc., a Montana Corporation, P.O. Box 933, Bozeman, MT 59771, the GRANTOR(S), in consideration of one dollar and other good and valuable consideration, receipt of which is acknowledged, grant(s) to City of Bozeman, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal Corporation of the State of Montana, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sanitary sewer pipelines with the usual services, manholes, connections, accessories and appurtenances for the purpose of transmitting sanitary sewer in, through and across a strip of land situated in Gallatin County, Montana, 30 feet wide to be located on the following described real property: _ The 12.64 acre Open Space Parcel as shown on the plat of SUNDANCE SPRINGS SUBDIVISION PHASE 1A, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit A, which by this reference is 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: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline, manholes, 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 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, repairing, substituting, removing, enlarging, replacing, and maintaining of said sanitary sewer pipelines, 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 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 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. (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) 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 GRANTOR(S) warrants 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 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 Deem C ey , 2012 GRANTOR: Sundance Springs Residential Owners Association, Inc., a Montana Corporation i�0' f(vjv- By: Brad 'Grosky, r sident By: C Lawrence, board member By: Phil Gouveia, secretary By: G�K Bloomer : oat member Gr' --J " — By: Tim Dietz, boa ember STATE OF MONTANA ) ) ss. County of Gallatin ) This instrument was signed or acknowledged before me this OrWday of 201 �, by Brad O' Grosky as president, Phil Gouveia as secretary, Tim Dietz as board member, Cory Lawrence as board member and Gary Bloomer as board member of Sundance Springs Residential Owne s Association, Inc., a Montana Corporation. lb (SEAL) No Public f h tate of a�fa Printed Name: ;,.G�AaoNGF ;" ALECIA JONGEWARD sir ' y Notary Public Residing at _c:aoT�R�gt:o=for the State of Montana My Co ton Expires / /20 SEAL. *- Rosiding at: �,e; Bozeman, Montana of MOP MY Commission E September 15,20s1�7 DATED this day of , 201 . ACCEPTED - CITY OF BOZE y: Chris Kukulski,Its Cit�-Manager 0,1F �. ATTEST: - U ' ? cit mftx v . By: to hh!n q,lt<s City Clerk_, STATEk4 MONTANA ) )ss. County of Gallatin ) On this -L day of 'TrI h L.a , 201 `l`, before me, a Notary Public for the State of Montana, personally appeared CAIS KUKULSKI and STACY ULMEN, known to me to be the City Manager and City Clerk, respectively, 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. 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 epUNG AIMEE BRUNCKHORST Printed Name. ��GOTARkyp9N NOTARY PUBLIC for the Residing at -".....SEAL 4 State of Montana Residing at Belgrade, Montana My Commission Expires / /20 'rFOF. o;�== My Commission Expires December 0,E, 16 G:1C&HU I\I 1489\0FFICE1Sewer& Water Pipeline Access Easement.Doc EXHIBIT A 30' EASEMENT FOR SANITARY SEWER LINE — CITY OF BOZEMAN AREA OF EASEMENT = 7932 Sq. Ft. 3o 58 uik auuuivwiury 14 u. m ¢ ' 154,84 8T32'3Cr. /�y �} 0� LOT 7 j I I PROPOSED STREET, \ ty OPEN SPACE 16,883 Sq. Ft. s SIDEWALK, SAN. SEWER, AND \\ \-V,L SUNDANCE SPRINGS SUBDIVISION WATER MAINS IN 54' PUBLIC \ N RIGHT OF WAY o \ \ LOT 4 16,844 Sq. Ft.-L,, \ \ L-18.44 ." \ o�ss 13. \ �� " OPEN S�AC�` 2 \ 9 r ----- — - a• Existing 30' Sanitary Sewer Easement to be Abandoned / �aL_I - 1-- \ �, LOT 5 l_R CL350 53.80 89'40�0)— -_- �9 s�' e6' 34,519 Sq. Ft� �— — — — — _ — — 11,957 Sq. Ft. / I PROPOSED TRAIL POST \ \ 13,174 Sq. Ft.'L1� ROPpSED MAIL AND WASTE STATION \ p\ J`'. PARK �� LIVERY LOCATION \ �* ry" %/ \ Fnd. RPC Easement 18,184 Sq. Ft. ed T ti� \ 3111 -S#— — — -- livision No. 35—A ` . 0 100.03 269'40'00" — — — — — — — -PROPGSED _30'— — �— — o SANITARY SEWEREASEMENT 0 [S$9'40 00" N /' — \ 308.35 \ �\ SUNDANCE SPRINGS LOT 2 \\ \ 269.40'0(Y" ' �,\� \ SUBDIV., PHASE 1A >+ nd. RPC No. 3111 ES \ 6 e Trail POINT OF BEGINNING d � GF i \ OPEN SPACE �� LOT 24 CITY) \\ \\ \ SUNDANCE SPRINGS SUBDIVISION, \ \ PHASE 1A 12.64 Acres SUNDANCE SPRINGS Proposed 53" x 41" \ 1 SUBDIV., PHASE 1A CSP Arch Culvert with FETS` LOT 23 ` \ Fill to bring grade 1 foot ve culvert \/ / \ \ \ SUNDANCE SPRINGS Existing Centerline of Ditch \ \ \ SUBDIV., PHASE 1A 6" \ TOTAL AREA OF PROPOSED SANITARY SEWER \ i ' O\ \ EASEMENT WITHIN OPEN SPACE = 7,932 SQ. FT.� 3% \ TOTAL AREA OF SANITARY SEWER EASEMENT TO \ \ BE A13ANDONED = 11,957 SQ. FT. i New 30' wide Sanitary Sewer \N5 Easement Scale In Feet 9,932 Sq. Ft. _ —\- — _ _ — — _ L 0 T 14 60 0 60 SUNDANCE SPRI �Ue _ SUBDIV., PHASE 18 0 18 Dr _ _ - - Scale In Meters — pea I 1 1 LOT 13 \\ 1 / 10 — 30 30 �j \ 11 LOT 12 1 SUNDANCE SPRINGS \ � 1 SUBDIV., PHASE 1A \ �� "I/ vo � ' - I L(D T 11 SUNDANCE SPRINGS 11 11 1 \ i is 1 SUNDANCE SPRINGS SUBDIV., PHASE 1A 1 \ 1 Engineering and Surveying Inc. ; / LOT 1 �� SUBDIV., PHASE 1A 11 1 y 1091 Stoneridge Drive•Bozeman, MT59718 i SUNDANCE SPRINGS Phone(406)587-1 115•Fax(406)587-9768 SUBDIV., PHASE 1A www,chengineers.com•info@chengineers.com Skeet Of,41 1 #11489