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Home My WebLink About04- Wenzel, Steven & Smiley, Susan J; 2502 W. Babcock - Utility Access Easement <. III~I m~ I~IIW~ I~III WII III 11111 1m II ~:t~~~r~, I_PLAnE!:) J J UTILITY ACCESS EASEMENT AND AGREEMENT 24.00 Snallay Vanoa-Gallattn Co MT MIse STEVEN L. WENZEL and SUSAN J.SMILEY of 2502 West Babcock Street, Bozeman MT., 59715 the GRANTOR(S), in consideration of one dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main Street, Bozeman, MT 59715, GRANTEE, its successors and assigns, a perpetual easement to maintain a storm drainage pipeline with the usual manholes, connections, accessories and appurtenances for the purpose of transmitting storm water in, through, and across a strip of land situated in Gallatin County, Montana, to be located on the real property described by warranty deed from Unity Church of Christianity, Inc. to Steven L. Wenzel and Susan J. Smiley, as filed with the Gallatin County Clerk and Recorder on Film 110 Page 2885. The easement is more particularly described on the attached Exhibit 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-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: (1) Operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline, services, connections, accessories and appurtenances; (2) Trim or otherwise control that portion of 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. (5) GRANTORS specifically acknowledge the location of a sewer line located in the adjacent property immediately west of the property. While the sewer line is not located in the GRANTOR'S property, GRANTOR specifically grants the GRANTEE entrance through this easement, as GRANTEE deems necessary, to repair, replace, and maintain these sewer lines, 1 Shelley Vano.~Oallalln Co MT MISe 24.00 1 IUIII 11111 11111 IIUII ~I~ II~ I1II11111111111111111 ~~~~4:~: THE GRANTEE AGREES: (1) That, in connection with the operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said pipeline(s), it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any damages to all existing vegetation, including but not limited to flowers, bushes or trees in or out of the easement area, existing fences, ditches and other appurtenances of said land that may be disturbed by its operation. (2) That, during all 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) 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. (4) 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. II II II II 2 .";,, Ron Bray, Acting CI gar IIIII~ ml ~IIIII11I11 11111111 11111111111111111111 ~:t~;.~~:~: Shelley Vanoe-Gallaltn Co MT MISC 24.00 DATED this :30 day of STATE OF MONTANA) County of Gallatin ) ss. ) On this ~ day of 3"( )\j , 2.c:d:i, before me the undersigned, a Notary Public for the State of Montana, personally appeared Steven L. Wenzel and Susan J. Smiley, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) hn~:3, ~~d- Notary Public for the State of Montana S\-n.ur\o...L, \\ ~,cl ~ (Printed Name) Residing at &.z1g ro..rJ ~ My Commission Expires __!.:,,__JJ20~ fY\WcJi, ~ "1 J ACCEPTED: ..... .......... .~ >I... n (", < ,'? I II ' j /' /1', "(" '. ".' . J', ; ;," ~~ ,~~:.::~.~;; '~.~~'~;~:<:r . (t~ ;P "".. -"".. . '..'. ~~..'.). \\'~l' ' , '/~;;; "i.':~'~,,:.,,~ ..t. ;'., ~ ,... , " r ;', .RQ in_ _UijiVaj1:P'...:;':: ;", C'$~~~f'~~ff~f~'~,~ ~ion STA~0Jf~~J';J1A~A ) ) ss. CouQty of Gallatin ) On this ~ day of C1? 1 C A I k , ~, before me, a Notary Public for the State of Montana, personally appeared RO~d ROBIN L. SULLIVAN, known to me to be the Acting 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), ' ~A~~~~"~ Notary"p.'.U~.,,\.li. ~l.J. St81~ ~.f Mo tana _~'H~,W:~ c, ,~mvf ( Y\(1C( (Printed N'am'e1 L i. . Residih@ at, BOZemal'},:Mo~ana _ My Coni~S1on.ExD~.;,' I ZS 120a!l- Of ,..011' ..' H:\0417\039\docs\BOUNDARY\Wenzel Sewer Water pipeline easement.doc 3 . EXHIBIT 'A' UTILITY EASEMENT LOCATED IN THE SEl/4 OF SECTION 11, T2S, R5E, GALLATIN COUNTY, MONTANA C1/4 SEC.11 LEGAL DESCRIPTION A strip of land lying on the east side of the west line of that parcel of land conveyed from Unity Church of Christianity to Steven L. Wenzel and Susan J. Smiley, by deed dated April 27, 1990, recorded on Film 110 Page 2885 with the Gallatin County Clerk and Recorder, located in the southeast quarter of Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana; said strip being more particularly described as follows: Commencing at the center quarter corner of said Section 11, thence along the north line of said southeast quarter, South 89' 11' 19" East a distance of 410.40 feet. more or less, to the northwest corner of said conveyance to Wenzel and Smiley; thence South 01' 51' 58" West a distance of 32.51 feet to a point at the intersection of a line 32.50 feet south of, when measured at right angles, and parallel to said north line, and the west line of the said conveyance to Wenzel and Smiley, said point being the true point of beginning; thence along said parallel line, South 89' 11' 19" East a distance of 9.34 feet, more or less, to a point that is 10.00 feet easterly, when measured at right angles, from a sewer line as now constructed; thence leaving said parallel line and running parallel to and 10.00 feet east of, when measured at right angles, said sewer line as now constructed, South 03' 06' 15" West a distance of 215.39 feet, more or less, to a point on the south line of Certificate of Survey No. 63, as filed with the Gallatin County Clerk and Recorder; thence along said south line, North 89' 09' 53" West a distance of 4.69 feet, more or less, to the southwest corner of said Certificate of Survey; thence along the west line of said Certificate of Survey, North 0 l' 51' 58" East a distance of 30.72 feet. more or less, to the northwest corner of said Certificate of Survey; thence North 01' 51' 58" East a distance of 184.53 feet, more or less, along the west line of said conveyance to Wenzel and Smiley, to the point of beginning. Said strip of land containing 1,509 square feet. more or less. WEST BABCOCK STREET 589'11'19"[ -. 410.40' $01'51 '58''W 32.51' P.G.B. 589.11'19"[ 9.34' 1509 SQ.FT. vW-1 TRACT1227 COS WENZEL STEVEN j' SMILEY SUSAN M '2B85 110 F 'in Ol N ...., .n .n N N ~ ~ co Il") !!"> ..- (0 r 0 ..- ~ 0 0 ::z V') NO.63) (CoS N89' 'S3"W 4 69' Vw-2 ,RAC'1227 coS 1:1 /~~ I ~ MORRISON '" ..., MAIERLE,INC. ..4'0\ .Im~Own<;d: Cv:>n.JIQ.>l-V PO &:III 1111 .1,.......... ~ lfI'. 5m1 . PhDnr. (401) 587-1I7".l1 E~II'IEERS ",..,,,,, '""'"'""" ........, SINCE tg4S rllll: (401) 5IJ7-11n CLIENT: FIELD WORK: DRAWN 8Y:~_ CHECKED BY: DA TE: 05/05/04 SCALE: 1"~50' PROJ #:0417,039 a en ~ It) .;; _"",s , -'Ot Qog m'Ot~ uS .... & ~ N:: ~S !!!!!!!!!!!!!!! ~ ===~ - A S.12I ~--- V'''-- S. 1 2 2.5' - R/W LINE GRAPHIC 50 0 ~-~ - - ( IN FEET 1 inch = 50 SCALE 25 I ) fL ~ - =0 -II> _E ~1-- -IE: === 0 _0 !!!!!!!!!!!!!!! <: =- -- -- !!!!!!!!!!!!!!! = ~- =0 -. -. _0 =<: -- -> ~> -. =..... -.... -. !!!!!!!!!!!!!!! r; _II> 50 I EXHIBIT 'A' UTILITY EASEMENT PLOTTED DATE: Jun/02/2004 - 09:29:47 am DRAWING NAME: H: \0417\039\Acod\EASEMENTS\EASE- 2,d09 SHEET 1 OF 1 PlOTT[O av: !ltrdUol'l