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Home My WebLink About03- Mandeville, John M. & Donna R.-1121 Mandeville Ln - Road Right of Way Easement ULA~-TE~' 1111111111111111111111111111111111111111111111111111111 ~~t~1?~~, ~p 1'~_~_~~~~~_v.nO.-G.ll.t1n Co I'IT I'IISC ROAD RIGHT OF WAY EASEMENT 30.00 THIS RIGHT OF WAY EASEMENT, dated this 1 Sth day of Sp~tember ,2003, is hereby granted by CITY OF BOZEMAN, whose address is P.O. BOX 1230, ozeman, MT 59771- 1230, (hereinafter referred to as "the Grantor"), to JOHN M. MANDEVILLE AND DONNA R. MANDEVILLE, husband and wife, whose address is 1121 Mandeville Lane, Bozeman, MT 59715, their successors and assigns (hereinafter referred to as "the Grantee"). WITNESSETH: Grantor does hereby grant to Grantee and to its successors and assigns forever, subject to existing easements and valid rights, a perpetual, non-exclusive easement for a right-of-way sixty feet (60') in width, to locate, construct, reconstruct, use, maintain, improve, and repair an access road for all lawful purposes, including ingress to and egress from Grantee's lands in Section 36, Township 1 South, Range 5 East, P.M.M described as Tract 2 of Certificate of Survey No. 1723, located in the N1/2 of Section 36, Township 1 South, Range 5 East, P.M.M., which easement shall be over, under, upon, and across the lands of the Grantor located in Gallatin County, Montana, more particularly described as follows: A strip of land sixty feet (60') wide in the NW 1/4 of Section 36, Township 1 South, Range 5 East, P.M.M. The location of the right-of-way easement is as shown and depicted on Exhibit "A" attached hereto and made a part hereof. Said easement containing 2,23 acres, more or less, Said premises shall be 60 feet wide, 30 feet on each side of the centerline, with such additional width as required for accommodation of drainage features, and for the placement of fencing and or privacy landscaping. Additional width must be approved in writing by the Grantor. If the road is located substantially as described in Exhibit "A", the centerline of said road is hereby deemed accepted by Grantor and Grantee as the true centerline of the premises granted. If any subsequent survey of the road shows that any portion of the road, although located substantially as described, crosses lands of the Grantor not described herein, the easement shall be amended by means of a corrected deed, and payment of full market value for additional net area included in right-of-way, to include the additional lands traversed; if any lands described herein are not traversed by the road as constructed, the easement traversing the same shall be terminated in the manner hereinafter provided. Grantee's use of the right-of-way granted hereby shall be non-exclusive, and Grantor, its successors and assigns, may utilize such right-of-way in connection with the use, management, development, and preservation of its lands, provided that such use does not unreasonably interfere with the use by Grantee. This easement shall be for the benefit of the lands of Grantee now owned or as may hereafter be acquired, in Section 36, Township 1 South, Range 5 East, Gallatin County, Montana. This easement shall be appurtenant to both the lands benefitted and burdened hereby and shall run with the land. The above grants and conveyances are subject to all matters of public record as of the date of this easement. In addition, the parties hereto hereby agree that the easement rights hereinabove granted shall be subject to the following terms, provisions, and conditions applicable to Grantee, its successors and assigns: 1. Purpose. The easements and rights-of-way conveyed herein are for the purposes of constructing, reconstructing, maintaining, repairing, and using a road or road segments (hereinafter called "road") for access by the Grantee for all lawful purposes to, and for the provision of utilities to, and access to, the State lands as described above, over and upon said easement and right-of-way. 2. Relocation. Grantor reserves unto itself, its successors and assigns the right at its expense to relocate said road subject to the condition that, except for distance and curvature, such relocated roadway provides the same type and quality of roadway as may be established and 1111111111111111111111111111111111111111111111111111111 ~~t~~r~~: ~p Shelley Vance-Gallatin Cc MT MISC 30.00 maintained by Grantee at the time OfSI:fth reT6catlon-:-Any suchreTocation process shall not interrupt or unreasonably interfere with the use of the right-of-way by Grantee, its successors and assigns. It is agreed that the centerline of this easement shall shift to follow the centerline of the relocated road and shall be accepted as the true centerline of the easement granted. The Grantor will provide Grantee with a corrected grant of easement as may be necessary. 3. Road Crossina. Grantor, for itself, its heirs, successors and assigns, reserves the right at all times and for any purpose to go upon, cross and re-cross, the lands covered by said easement and any road thereon at any point for any and all purposes in such a manner as will not materially interfere with the Grantee's use of the road. 4. Third Parties. Grantor may grant to third parties, upon such terms as it chooses, any or all of the rights reserved by it herein, provided that use by such third party shall be subject to the terms and conditions of this easement and shall not unreasonably interfere with the rights granted hereunder. 5. Maintenance. The cost of road construction, maintenance, resurfacing and noxious weed control shall be allocated on the basis of respective uses of said road. When any party uses said road, or a portion thereof, that party shall perform or cause to be performed, or contribute or cause to be contributed, that share of the maintenance, resurfacing and noxious weed control occasioned by such use as hereinafter provided. During periods when more than one party is using said road, or a portion thereof, each party's share of maintenance, resurfacing and noxious weed control management shall be pro rata in proportion to its use thereof. The parties hereto shall meet and establish necessary maintenance provisions. Such provisions shall include, but shall not be limited to: (a) The appointment of a road manager, which may be one of the parties hereto or any third party, who will perform or cause to be performed, at a reasonable and agreed upon rate, the maintenance, resurfacing and noxious weed control management of the road or the portion thereof being used; and (b) A method of payment by which each party using said road, or a portion thereof, shall pay its pro rata share of the cost incurred by said road manager in maintaining, resurfacing or noxious weed control management of said road or portion thereof. For the purposes of this easement, maintenance is defined as the work normally necessary to preserve and keep the roadway, road structure and road facilities as nearly as possible in their present condition or as hereafter improved. 6. Road Damaae. Each party using any portion of said road shall repair or cause to be repaired at its sole cost and expense that damage to said road occasioned by it which is in excess of that which it would cause through normal and prudent usage of said road. Should inordinate damage to said road occur, which is not caused by an authorized user of said road, the parties hereto shall meet to agree on the cost of replacement, and the shares of replacement cost to be borne by each user of said road. 7. Construction. Provided, further, all construction and/or reconstruction of the road by the Grantee shall be in accordance with specifications and written stipulations of the local governing body prior to beginning such construction and/or reconstruction. Cost of construction of said road shall be shared equally between Grantor and Grantee. 8. Assianment. It is further provided that this easement may be assigned by the Grantee provided that assignee is subject to all terms and conditions of this easement. 9. Termination. It is further provided that Grantor may terminate this right-of-way for a material breach of any conditions or provisions of the deed. Before termination, the Grantor shall give Grantee written notice of intent to terminate, which notice shall set forth the asserted default(s). Termination may not occur if Grantee either cures asserted default(s) or commences a good faith effort to cure the asserted default(s) within 90 days of Grantor's written notice. - 2 - I ~III ml 1.1 II n IIIII ~~IIIII nlll ~IIIIII ~;~~r:~, ~p S~allay Vanca-Gallatln Cc MT MISC 30.00 10. Bindina Effect. The rights and obligations hereunder shall inure to the benefit of, and be binding upon, the heirs, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first above written. GRANTOR: , . .".. {'\~l l~..f :'.: 4:.:'. ,.~-.,~>' ~ v .......,.....'".....~'.~ .;:'i ~<y/' ....... -. /1:;/ "1' "'-<:-~(~7 ...'~;- .--. ',../::1. =....":..J,.~ .r\ ... .~.. '. .,) '~t-r.c:;:'i.J~~ '. ~.'~ , ' , r-l..JV";;:J! . -,' * ~ c'~~.?,<<:;'I~-';r~;o" - -' rk of the Commission STATE OF MONTANA :ss County of Gallatin ~'-jh On this /.,) day of 0' , in the year 2003, before me, a Notary Public for the State of Montana personal a peared Ron Brey and Robin L. Sullivan, Acting City Manager and Clerk of the Commission, respectively, known to me to be the persons that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman, Montana. IN WITNESS WHEREOF, I have hereunto set year last above written. hand and affixed my official sea,Ubedj3y and """i-.'~,{,,, Jlt' ..-1, \..~" ~ ,_ I" ... ' '" "" "'-" " .1., ..~ \'~ .I: b' Af~k?(~'''' ~e ) - * "'" , ~ i' )., . ., ,,'I ,,' "- :'./ ..' ,.:::;. .'" v q ~\ ::.t,' '~", - 3 - JUL..-23'03IWED) 13:18 , EXHIBIT A SHOWING A eO'-MOE ACCESS EASEMENT ACROSS TRACT 1-A OF C.O.S. No. 2153 FOR lHE BENEFIT I AND USE Of 'TRACT 2, C.O.S. 1723. SlnJATED IN THE NW1/4 SECTION J6, T15, R5E, P.M.aA" GAI..lATIN: COUNTY, MONTANA SCALE: 1.~JOC' " ~... . ... ".'.......~ "-"'~""'''' '<' ~ ~Ilo ...-4-_ ~~,......... ~~- . .............. ~ "........... 1(' '..t: ........ ~~. ...~ ........, . .~~... ........"............. Vlt ..'..... -............... :'> . ..... , '~...... ~ .............,.." .........,...., EA:iDIDf1' fOt ................. ..... IIlCPlT . ust '..., ..... , TAAef 1I " ....... ...... ~ ...... ........ - '\ ,g..s. Nil. 1m .......~. ....', .... *'. ','- \ \ ............. '... .........., ,......" , \ ..... ...... ......... \ \ ................. .'..... ""', \ ..... '.., \ \ TRACT 2....A .... ..... ........... < ~ '- ~ C.O.S. ~D. 2153 ......,", IN...... ...... - , ...... ..... d. , ..... U~ <( ~ "'..... f= ~ ,~..... ..... " .....' .......... " ,..... ,...:. C.O,S. Ho. atS.3 ,..... " '.... , ...... .... ......' ......, , ,...... '......... ,..... ........... ...... ...... ....... \ JI li ';_1'1 . DEPT OF NATURAL RES TEL:l 406 444 2684 ..:;,...:: I...... ::"'.J. '''=e::H II'-~ ~...;) 5'-'::;:\..E'~_ ?riO'-t'S 1>10. -=as;:SSl!S-g; :"'-1 27 2e2~ 2S~5~~~ =: ..... ~ ~'i ar RFAfJltJQ ARlNGS FeR THIS EXHIBIT ARE BASED ON trtE BEARrtoo/CS ~OWN ON CERnFlCATE: OF SURVEY No. 21SJ I I Z I~ I~ ~ ~ ...... ...... ..... ............ , ...... .....' ...... TRACT 3-A ~ Cl TRACT 2 C.O,S. No. 17,2;5 GASTON ENGINEERlNC & SURVEYING PR~CT: Dr-6lU P.O. sax H' fJRA./fING.. DI-6D4.DM: BO'ZDtiAJI, IJr 5977/ (406) ~-~tJ tA.B: nmr .., .l..,,..j (JA 7l"! 4/2D/D:J $HaT , OF r IIII~I mil ~I~ II~I~ III III~II~HIIIIIIIIIIIII ~II ~:t~:1~~,: Shellev Vanoe-Gallatin Co MT MISC 30,00 . nl , I ..,l"'1li.... ",.....L. OW..JaTTtn", dC:::J:Tn p.n ~? rnr P. 006 4 JUL.,-2~' 031WEDl 13:18 DEPT OF NATURAL RES -10-2003 THU 03:13 PM MONTANA TITLE & ESCROW TEL:l 406 444 2684 FAX NO. ~~85872B91 p, 007 P. 05 Exhibi t Ii Monulno TitJe &. ESC"lW 777 F~ast Main St.. Suite 1011 Bozeman, MT 59715 Il'Ue No/ !3 5/ IMPORTAN't: 'fhltl flketch'iffurni$bcd wl~halll ch.u'go srdely far Ihll purpose of assiS'til1g in locating snid IJl'emi5QS Al1d tbl':,! Cnmpany IIssumes nD liability far in~e&:uri\cll!lH hllrein. . , ..... .....-. r --....,-..-...,....,,,.............__..__ ._.n IIIIIll. ..1'1 "._ CERTIFICATE OF SURV BY No.1ID..__ A TRACT OF LAND SITUATED IN THE NORTI1 1/2 . Of SECTION 36, T,' S" R.5 E., P,M,M. '.. GALL.A. TIN COUNTY. MONTANA " ,., ......If .t "..&('IMif ".._.,. hll! ''"I .'. 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