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Home My WebLink About04- Taylor, Kelly D.-W. Babcock St.- Fowler Meadow Condos - Sanitary Sewer Pipeline Easement IIIIIIIIIIIIIIIIII~II~ 1111~1I11~1I111111111111 ~II ~t~~~~~ fit~d ./ Shelley Vanoe-Gallatln Co MT MISC 30.00 SANIT ARY SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT KellyD. Taylor, of P.O. Box 7335, Bozeman,MT 59771-7335, the GRANTOR, in consideration of One Dollar ($1.00) and other good and valuableconSia;;tioil;Ieceipt ofwhich is acknowledged, grant( s) to the City of Bozeman, a municipal corporation ofthe State of Montana, 411 East Main, P. O. Box 1230, Bozeman, MT 59771 :.-1230, the GRANTEE, its successors and assigns, perpetual easements to lay, construct and maintain sanitary sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose oftransmitting city sewage and water in, through, and across a strip ofland situated in Gallatin County, Montana, and being variable in width, to be located on the following described real property: Tract A-I of the Amended Subdivision Plat of Tracts A and B of V an Horn Subdivision, according to the plat thereof, on file and of record in the Office ofthe Clerk and Recorder, Gallatin County, Montana. The Easement is more particularly described and shown on the attached Easement Exhibit, which by this reference is made a part hereof. This grant includes the right of the GRANTEE, its successors, pennittees, 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 easements and the pipelines 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 ofthe 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. III\III\IIIIIIIIIIIIIIIIIIII~ IIIII ~IIIU II~ I g~~r:~~p Sh.lley Vanoe-Gallatln Co MT Mise 30.00 The GRANTEE agrees: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sanitary sewer 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 fenees, 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 surfaee in substantially the same condition as existed prior to the beginning of operations except that the surfaee ofbackfilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. The GRANTOR(S) agree(s) that: (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) The GRANTOR(S) warrant that they are lawfully seized and possessed ofthe real property described above, thatthey have a lawful rightto 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). ACCEPTED: 11111111111111111111111111111111//11111 111//11/ ~~,~~~52 SMelley Vanoe-Gallatln Co MT MIS 07/14/200401;3BP _ _ C 30.00 f" Clerk'of:;f.f~ i 'Y' Conimission ".'} t ~"*'1. I STATE OF MONTANA } } ss, COUNTY OF GALLATIN } On this 6th day of Jul V ,200-...1:., before me, the undersigned, a Notary Public for the State of Montana, personally appeared Ron Brey and Robin L. Sullivan, known to me to be the Acti nq Ci tv Manaqer and Clerk of the City Commission, 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 Notorial seal on the day and year first written above. lIHLRvu_ ~~'~ NOTARY PUBLIC F R THE STATE OF MONTANA fffJ.ft/l..{J 6 (e n i flJer (printed Name) Residing at 130 Z-e f1/lt1..M- My commission expires. ::.] /Z.S/2lJO? ~ -- I SEAL: 011" "!' ~"'"+';."lIj.,.. \':0,.,. \t.,GRtv;" <,;".\ ..'.......... --:1.;' <v"v /., , ""(., i ~'.' \)\ARI4,'-P . :' .'\\: '- " \SEAJJ - I..." I_ tS' '." . ,. 110....' "'...... '..::~ -1,. .~...... ~ ". "" ( OF t}O'\ r i J ! l ~ . , '. G:\c&h\03\03220\Office\Utility Easementwpd WATERISERWER EASEMENT EXHIBIT FOWLER MEADOWS CONDOMINIUMS 1-- ''________ - 1___- __ _ --- ___ _ _ _ __._ ---.J West Babcock Street I S",ss=f='"' ""'0'" , B'SS ._~~ ~ '-'. ~ 'J~.!il1' -- -+-----'--~10"W--"' I I I I I I -1O"W a"ss 196.-41' N$!i'".)S'47.[ "' ~ \oR ~ 0", .... 111.... "'5 :< ",' WIDE PUBLIC ST1?EU AND unUT'f W!:M!NT )~. NO. !E.!2.!..!2 i: SB9"39'4S''W 84.01' N89'J7'1S"[ 81.62' 4~$/ ,~/ ~ ~ :r--::r N '.. . 100.~2' I I 4"""m)c USE LCAS< I RffUfNt ;OCR '''J/' Q,JI ,L!--r----J ; ~ I; I ~ N I I ~~I 1~ I ~~, I ~~ I ~ j: I I~: ~ I I::!~ ~~ I I ~- I i~ I I ~I ~~ I I -_ ~~ U ~ I I I 'I - ~8"29'3'.'El---, 9: _...58.29'._ "~"-'-..'~~ "' 8"W-~-o g:; E;r'J --.,~ I:l.l ~ I:l.l ;;:> -..: i-- I:l.l ...., ~ o t::c.. i: ~ ~~~~ -l:i~ g2~!~ ~~~ 3ag H<ARTS & HOMES DAYCAR CONDOMINIUM aurLOIN(p Is I I ~ I I e; ~ ~ r I I ~ W~ I I ~g~! Ii: ~i'; _ ~5~ , I ~ I I 8g,71 N88"2S'34.W TRACT 13-' 20595 SO. F"E[T ~ ~L ~ J02,1~: - - ---I 21>7.'" LEGAL DESCRIPTION -'-""---N88'3~ \1:5.&7' Scale In Feet 60 0 60 I l. ~ I 18 0 18 Scale In Meters Sheet 1 of 1 TRACTS A-1 & B-1 OF THE AMENDED SUBDIVISION PLAT OF TRACTS A & B OF THE AMENDED VAN HORN SUBDIVISION LOCATED IN THE SW 1/4, SECTION 11, CITY OF BOZEMAN, GALLATIN COUNTY ~~ ;:;~ ~ " ~ g -~ 31 ~~ .~ N ! It) .;:. It) In lSl -... 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