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HomeMy WebLinkAbout10-22-07_Authorize City Manager to sign The Knolls at 5_8Commission Memorandum REPORT TO Honorable Mayor and City Commission FROM J ami Morris Contract Planner SUBJECT The Knolls at Hillcrest Sewer Pipeline and Access Easement and Agreement MEETING DATE Monday October 22 2007 Consent Item RECOMMENDATION The City Commission authorize the City Manager to sign the Sewer Pipeline and Access Easement and Agreement BACKGROUND The Sewer Pipeline and Access Easement and Agreement is for The Knolls at Hillcrest Engineering staff has reviewed the agreement and found it to be acceptable UNRESOLVED ISSUES None FISCAL EFFECTS Fiscal impacts are undetermined at this time ALTERNATIVES None CONTACT Please feel free to email JamiMorrisatiamimorrisliJbresnan netif you have any questions APPROVED BY Andrew Epple Planning Director Chris Kukulski City Manager ATTACHMENTS Sewer Pipeline and Access Easement and Agreement Report compiled on October 8 2007 36 SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Bozeman Deaconess Health Services Inc a Montana non profit corporation with address of 915 Highland Blvd Bozeman Montana 59715 the GRANTOR in consideration of 100 and other good and valuable consideration receipt of which is acknowledged grant s to The City of Bozeman a municipal subdivision of the State of Montana with address of 411 East Main Street Bozeman Montana 59715 GRANTEE its successors and assigns a perpetual easement to lay construct and maintain sewer pipelincs with the usual services valves connections accessories and appurtenances for the purpose of transmitting waste water with the sewer lines in through and across a strip of land situated in the City of Bozeman Gallatin County Montana with said easement being the width and specific location as is described on Exhibit A attached hereto and incorporated hy reference herein located over portions of Tracts 1 and 2 of Certificate of Survey 2047 as shown and identified on the plat of the Knolls at Hillcrest located in Township 2 South Range 6 East P M M 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 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 bmsh inside or outside thc boundaries of the easement which may in the opinion of the GRANTEE interfere or threaten to interfere with or be hazardous to the constmction operation and maintenancc 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 stmctures which GRANTEE deems necessary 37 THE GRANTEE AGREES I That in connection with the construction operating patrolling repairing substituting removing enlarging replacing and maintaining of said sewer pipelines it will repair or replace at its sole expense or pay to GRANTOR 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 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 e swpipe eas 5 38 DATED this d pnday of 5er oy 10eY 20 01 Bozeman Deaconess Health Services Inc l G NTOR STATE OF MONTANA ss County of Gallatin h On this b day of SemW 2007 before me the undersigned a NotaryPublicfortheStateQfMontanapersonallyappearedonYlAomuIzknownto meto be the JrtS o WotE of Bozeman Deaconess Health Services Inc and the person whose name is subscribed to the within instmment and acknowledged to me that he executed the within instmment for and on behalf of Bozeman Deaconess Health Services Inc IN WITNESS WHEREOF Ihave hereunto set my hand and affixed my Notarial Seal the day and year first above written SEAL A Notary Pu ic for t State of Montana C hOt jl InqefYl J Printed Name Residing in efYl My Commission Expires I 1ill II III iI N GSAIv 1IffOlARJAi iALidlS 9 OF Mn S IIJiIJlllllli 2OC ACCEPTED ATTEST CITY OF BOZEMAN By City Manager City Clerk STATE OF MONTANA ss County of Gallatin On this day of 2007 before me a Notary Public fOf the State of Montana personally appeared CHRIS A KUKULSKI and STACY ULMEN known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to the within instmment 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 e swpipe eas 6 39 and year first above written SEAL Notary Public for the State of Montana Printed Name Residing at Bozeman Montana My Commission Expires e swpipe eas 20 7 40 EXHIBIT A CITY OF BOZEMAN SEWER EASEMENT OVER PORTIONS OF TRACTS 1 2 OF CERTIFICATE OF SURVEY No 2047 AS SHOWN AND IDENTIFIED ON THE PLAT OF THE KNOLLS AT HILLCREST LOCATED IN TOWNSHIP 2 SOUTH RANGE 6 EAST P M M CITY OF BOZEMAN MONTANA LEGAL DESCRIPTION EXCLUSIVE EASEMENT FOR THE CITY OF BOZEMANAREA 1 An area of land adjacent to the southerly boundary of theAspen Pointe Drive Right of Way over across Lot2 and Lot 3 of Block 4of theKnolls at Hillcrest Subdivision located in the East One Halfof the East One Half EliE Ii of Section 18 Township 2 South Range 6 East Principal Meridian Montana P M M City of Bozeman Montana being more particularly described as follows BEGINNING at a point on the easterly Right of Way of Kenyon Drivefrom which the northeast corner of said Section 18 a 1 0 0 iron pipe bears North 280 16 47 East a distance of 2078 81 feet thence North 300 26 04 East a distance of 30 62 feet to an easement corner thence southeast adistance of 42 21 feet along a tangential curve concave southwest having a radius of 208 00 feet a central angle of 110 37 35 a chord bearing of South 42 33 40 East and achord length of 42 14 feet to an easementcomer thence South 36 44 53 East a distance of 10343 feet to an easement corner thence southeast a distance of 295 77 feet alon9 a tangential curve concave northeast having a radius of 202 00 feet a central angle of 83 53 32 a chord bearing of South 78 41 39 East and a chord length of 270 05 feet to an easement corner thence North 59 21 35 East a distance of 56 99 feet to an easement corner thence North 590 21 35 East a distance of 84 85 feet to an easement corner thence northeast a distance of 46 19 feet along a tangential curve concave southeast having a radius of 170 00 feet a central angle of 150 34 08 a chord bearing of North 67 08 39 East and a chord length of 46 05 feet to an easement corner thence North 74 55 43 East a distance of 97 02 feet to an easement corner thence South 20 01 35 East a distance of 5 10 feet to an easementcorner thence South 50 56 16 West adistance of 47 80 feet to an easement comer thence South 64 40 47 West a distance of 17647 feet to an easement corner thence South 64040 47 West a distance of 143 43 feet to an easement comer thence North 77 21 13 West a distance of 17149 feet to an easementcorner thence North 400 42 17West a distance of 21 0 05 feet to the Point of Beginningcontaining0428acresmoreorless LEGAL DESCRIPTION EXCLUSIVE EASEMENT FOR THE CITY OF BOZEMAN AREA 2 An area of land adjacent to the northerly boundary of the Aspen Pointe Drive Right of Way over across of Tract 1 of Certificate of Survey No 2047 located In the East One Half of the East One Half EliE Ii of Section 18 Township 2 South Range 6 East PrincipalMeridianMontanaPMMCityofBozemanMontanabeingmoreparticularlydescribed as follows BEGINNING at a point on the northerly Right of Way of Blrchwood Lane from which the northeast corner ofsaid Section 18 a 1 0 0 iron pipe bears North 7 17 46 East a distance of 1674 59 thence North 78 12 40 West a distance of 11 50 feet to an easement comer thence South 37 33 43 West a distance of 158 06 feet to an easement comer thence North 74 55 43 East a distance of 1345 feet to an easementcomer thence east a distance of 123 53 feet along a tangential curve concave north having a radius of 120 00 feet a central angle of 58 58 53 a chord bearing of North 450 26 17 East and a chord length of 118 15 feet to an easement corner thence North 15 56 50 East a distance of 38 01 feet to the Point of Beginningcontaining0087acresmoreorless fII TG 74 07 021 01 KHE ADRAWNBY DATE PROJECT NO FILE NAME 1970Stadium DrivelSulteB Bozeman MT59715 588 5598omce5864490Fox BA8IS Of BEARING Geodetic NDrthat Lot N 46 39 66 10 64 Lonu W111 01 28 38512w OPUS NAD 83 CDRS88 EPOCH20020000 41