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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bob Murray, Project Engineer
Chris Kukulski, City Manager
SUBJECT: Gallatin Center Lot 11
MEETING DATE: 7/10/06
BACKGROUND: Attached is a copy of a partially executed easement for the water main
extension for the above referenced project. Engineering staff has
reviewed the easement and found it to be acceptable.
RECOMMENDATION: Authorize City Manager to sign.
FISCAL EFFECTS: N/A
ALTERNATIVES: None
Respectfully submitted,
let
, %..-L..'- A& Y
Robert J. MuVayy ., Project Engineer Chris A. Kukulski, City Manager
Attachments: Easement Documents
Report compiled on 6/26/2006
PUBLIC WATER LINE EASEMENT
Gallatin Center Limited Partnership, the GRANTOR, in consideration of One Dollar ($1.00) and
other good and valuable consideration, receipt of which is acknowledged, grant(s) to the Citof
Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct, and
maintain approximately 500 linear feet of water pipelines with the usual services, valves,
connections, accessories, and appurtenances for the purpose of transmitting water in, through,
and across a portion of Lot 11 of the Gallatin Center P.U.D. situated in Gallatin County,
Montana, the locations of which are shown and described as follows:
A water line and fire hydrant easement located on a portion of Lot 11 of the Gallatin
Center P.U.D., in the E '/z of Section 35, T1S, R5E, City of Bozeman, Gallatin County,
the location of which is more particularly shown and described on the exhibit attached
hereto and which by this reference is fully incorporated herein.
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, 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 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 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 excavated 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 , 2
T
/,13'aillatiK Center Limited Partnership
STATE OF MONTANA )
) ss.
County of Gallatin )
On this /7 day of Q , 2007 be re me the u= e-
#- 'Aligned, a
Notary Public for the State of Monta personally appeared, osl s ,
known to me to be the G,e..e•�/ �a��her of
6*//.04Ya 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 WITNES§§,\WHER49F, I have hereunto set my hand and affixed my Notarial Seal the
day and year fir��� d: ik �
(SEA14 SEAL
otary Public for the State of Montana
krOt o/sVO
(Printed Name
Residing in v e
My Commission Expires 11faw / 7 /20o7
ACCEPTED:
CITY OF BOZEMAN
by its
ATTEST
Clerk of the City Commission
STATE OF MONTANA )
) ss.
County of Gallatin )
On this day of , 2 , before me, a Notary Public for
the State of Montana, personally appeared CHRIS A. KUKULSKI 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.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: / /20
LEGAL DESCRIPTION
Fire Hydrant Easement In Lot 11 of Phase 1 of the Gallatin Center
Subdivision P.U.D. Phase 4, located in the Northeast One—Quarter of
Section 35, Township 1 South, Range 5 East, Principal Meridian
Montana, City of Bozeman, Gallatin County, Montana, and being more
particularly described as follows:
Beginning at a point which bears South 47'11'06" East, a distance of
269.99 feet from the North Corner of said Lot 11;
thence North 88'57'18" East, a distance of 3.44 feet;
thence South 00'21'02" West, a distance of 10 00 feet;
thence South 88'57'18" West, a distance of 3 20 feet,
thence North 01'02'42" West, a distance of 10 00 feet to the point
of beginning.
Said easement being 33 square feet, along with and subject to any
existing easements.
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LEGAL DESCRIPTION
Waterline Easement in Lot 11 of Phase 1 of the Gallatin Center
Subdivision P U 0. Phase 4, located in the Northeast One—Quarter of
Section 35, Township 1 South, Range 5 East, Principal Meridian
Montana, City of Bozeman, Gallatin County, Montana, and being more
particularly described as follows:
Beginning at a point which bears South 79'17'35" West, a distance
of 134 50 feet from the North Corner of said Lot 11,
thence South 00'00'00" East, a distance of 221.42 feet,
thence South 90'00'00" East, a distance of 5506 feet,
thence North 68'03'16" East, a distance of 72.72 feet,
thence North 56'38'16" East, a distance of 43 54 feet,
thence North 33'21'44" West, a distance of 4 47 feet;
thence along a non—tangent 53000 foot radius curve to the right
through a central angle of 00'17'34" for an arc length of 2.71 feet,
with a chord bearing of North 80'38'43" East a distance of 2.71
feet,
thence North 80'29'56" East, a distance of 34.21 feet,
thence along a 485.00 foot radius curve to the right through a
central angle of 05'10'53" for an arc length of 43.86 feet, with a
chord bearing of North 83'05'23" East a distance of 4385 feet,
thence South 56'38'16" West, a distance of 119 56 feet,
thence South 68*03'16" West, a distance of 81 54 feet,
thence North 90'00'00" West, a distance of 7088 feet,
thence South 00'00'00" East, a distance of 1076 feet,
thence North 90'00'00" West, a distance of 1000 feet,
thence North 00'00'00" East, a distance of 1076 feet,
thence North 90'00'00" West, a distance of 10,00 feet,
thence North 00'00'00" West, a distance of 261 42 feet,
thence South 90'00'00" East, a distance of 1412 feet,
thence South 00'00'00" East, a distance of 10.00 feet,
thence South 90*00*00" East, a distance of 1588 feet to the point
of beginning
Said easement being 0 33 acres, along with and subject to any
existing easements.
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EXHIBIT
SHOWING PROPOSED EASEMENTS
AND EASEMENTS TO BE A13ANDONED
IN LOT 11 OF PHASE 1 OF THE GALLATIN CENTER SUBDIVISION 13.U.1).PHASE 4
LOCATED IN THE NORTHEAST ONE-QUARTER&SOUTHEAST ONE-QUARTER OF
SECTION 35,TOWNSHIP 1 SOUTH,RANGE 5 EAST,PRINCIPAI,MERIDIAN MONTANA,
CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA
LUT "333
PLAT NORTH
CORNER
LOT 11
———————————
PROPOSED
WATERLINE EASEMENT
SEE EXHIBIT DETAIL
SHEET 5
LOT 11
8.61 acres
—" PROPOSED
FIRE HYDRANT
EASEMENT
SEE EXHIBIT
30' PUBLIC UTILITY EASEMENT DETAIL SHEET 4
AS PER DOC. No. 2083436 25' WIDE PUBLIC _
UTILITY EASEMENT
20' UTILITY EASEMENT
AS PER MINOR
SUBDIVISION No. 210
- - - TAIL a
CDAMEp �
14
LOT 15 LOT LpT j3 c
f�
LEGEND
— -- -- EXISTING EASEMENT
a
PORTION OF 30' PUBLIC UTILITY i
EASEMENT AS PER DOC. No. 2083436
TO BE ABANDONED
PORTION OF 20' UTILITY EASEMENT
AS PER MINOR SUBDIVISION No. 210 0
TO BE ABANDONED o
n
PROPOSED EASEMENT
0
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NOT TO SCALE
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EXHIBIT DETAIL
FIRE HYDRANT EASEMENT
IN LOT 11 OF PHASE 1 OF THE GALLATIN CENTER SUBDIVISION P U.D.PHASE 4
LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 35,
TOWNSHIP 1 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN MONTANA,
CITY OF BO"GI MAN,GALLATIN COUNTY,MONTANA
NORTH
CORNER
LOT 11
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8.61 acres 10 �' I
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EXHIBIT DETAIL
WATERLINE EASEMENT
IN LOT 11 OF PHASE I OF TIIE GALLATIN CENTER SUBDIVISION P.U.D.PHASE'4
LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 35,
"TOWNSHIP 1 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN MONI'ANA,
CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA
S00'00'00"E
S9O'00'00"E 10.00 NORTH
1412' S90'00'00"E CORNER
15.88' LOT 11
5"1g'1T35.W
1 'k. POINT OF
R 530.00'
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v 1y ,r1 a00'17'34"
N80'29'56"E C=N8038'43"E
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W i " R=500.00'
N80'29'56"E
w R_ 00'
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10.00' 10.76'
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10,76' N90'00'00"W v
10.00'
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LOT 11 v
8.61 acres
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