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Home My WebLink About05- Fairview Investments, LLC-Baxter Ln, Tr 1, COS 1256 - Sewer and Water Pipeline Access Easement After Recording Please Return To: Katherine A. Baker Goetz, Gallik & Baldwin P.C. 35 North Grand P.O. Box 6580 Bozeman, Montana 59771-6580 ~ATliDtll. ,/ 1/11111 11111 111111111111111/1111 1111111 1111111111111111 ~~rr:. Shelley Vano.-Gall.tin Co MT MISC 52.00 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Fairview Investments. L.L.C., of 1725 DeSales Street NW., Suite 900, Washington, DC 20036, the GRANTOR, 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, with address of 411 East Main Street, Bozeman, Montana 59771, the GRANTEE, its successors and assigns. a perpetual easement, Thirty (30) feet wide, to lay, construct and maintain 385 feet of water and sewer pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water and wastewater in, through and across a strip of land situated in Gallatin County, Montana, to be located on the following described real property: Tract 1 of C.O.S. 1256 in NE4 of Section 2, T2S, R5E, City of Bozeman, Gallatin County The easement, shown by the shaded area and described as "PUBLIC UTILITY EASEMENT," is more partieularly described on the attached Exhibit which by this reference is made a part hereof. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns and its 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 pipelines and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipelines, services, connections, accessories and appurtenances; (2) Trim, remove, destroy, or otherwise control any tree 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 Sewer and Water pipelines(s), it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any damages to growing crops, fences existing at the time of repair or replacement, 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 topsoil for replacement over the trench. It will remove from the site any large rocks or surplus exeavating 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. 111111111111111111111111111111111111111111111111111111I ~~~~~r:~~p Shelley Vanoe-Gallat1n Co MT MISC 82.00 THE GRANTOR(S) AGREES: (1) At no time will it 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 it 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 Twelve (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 it is lawfully seized and possessed of the real property described above, and that it has a lawful right to convey the property, or any part of it. (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, success DATED this ~ day of September, 2005. STATE OF MONTANA) ) ss. County of Gallatin. ) On this ..~ day of September, 2005, before me the undersigned, a Notary Public for the State of Montana, personally appeared Kingdon Gould IV, known to me to be a Member of Fairview Investments, L.L.C., the limited liability company that executed this document, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above written. 111111111111111111111111111111111111111111111111111111I ~~~~~r:~~p Shelley Vanoe-Gallatln Co MT MISC 62.00 (SEAL) f2Jnudl- $)u ~bl~C forlSre 1tat~ Montana ~. rAlA - -f" ( l-e (Print name) Residing at-;:) I :f)-v. f)'\Q r, My commission expires: ~YtIfC" 2,~( O()'1 I ACCEPTED: ~tl.~ CITY OF BOZE~ by its C;t:~ er ~ST e~~d~ STATE OF MONTANA ) ) ss. County of Gallatin . ) , L j-{-.. 0 (.lOIO-Cr On this 1'7 day of 8cptcff'lber, 2005. before me the undersigned, 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 exeeuted the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above written. (J.,<"~P':.:~~'~:;~" , ~',.. \,. r, I -.~pEAb -/' ,(-;-' , ~.' . m f \:P :;".. : ~<" : ~ ; ~.,' .- .: :: ~ ., ":..~. ..... \,,('~~ ,...... .~.. ~ ' c>... if.'!'t \.. ..' ...'~..- . ~/".-f Il1o..'1101,.,...... ~. ~::A 'it: I1IIII1 UIIIIIIIIIIIIIIII~IIIIIIII~ IIIIIIIIII~ IIII ~~;~~r~~p Shelley Vanoe-Gallatln Co MT MISC 82.00 EXHIBIT PUBLIC UTILITY EASEMENT BEING ON A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY No, 1256 LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLA TIN COUNTY, MONTANA I 35 ...- BAXTER LANE I --- so' WIDE BAXTER LANE N89"4S'1S"E FlOW EASEMENT 30.01' _ _ _ _ _ _ ,L___ _ _ _ f -- - - - - T - - - POINT OF BEGINNING RACT \ Z56 T NO C05 .1 RAeT 1256 T NO. C,05, o JO 80 90 "" _ ___......Ii I - SC-:E; 1 INc>I - 60 n;:E:r NS9"32'S1"W 30.01' FUTURE 60' WIOL ROAD O[OICA TION _ _ _ _ _ _ _ _ _ __ ___ ___" _1_ _ _ ]l:;;:>::" I Civil Rngint."Cring l12lill;("(I\'I!MYDRIVI! ~ SlM\/E.WIR: KIT :::ii:.,~':~:t:: Land Sw-vcying 1l0ZI:\I^I\UtTS~7'M DIIlA.. BY: 1\''lW ALLIED (jl,:lIl1,:~hitical Engineering: P1m~l!(I~)~~~~~1 M:~ I'r': KIT ~~~n~~~ Stn.lctural Ertgincerlflg I'A.X (4111>) 'MJ.~))U DA.m 0*/20/05 ~CtNfLlI!l_as1 \l~~Si SDO.d~ '" . " 5 ~ if) w ,~ j ~ 1 if) -;;; ~ 1 " o CD 1 N <CO '" I "' 5- If) '" '" N -- " HHlillT 201"2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIII ~~15:~~p Shelley VaMoe-Gallatin Co MT MISC 82,m0 EXHIBIT PUBLIC UTILITY EASEMENT LEGAL DESCRIPTION A public utility eosement, being on a portion of Tract 1 of Certificote of Survey No. 1256. located in the Northeast One-Quarter of Section 2, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montano, and being more particularly described as follows: Beginning at a paint which bears South 80'43'29" East, a distance of 302.31 feet from the North One-Quarter Corner of said Section 2. thence North thence Sauth thence North thence North of Beginning. Said easement being 0.26 acres, along with and subject to any existing easements. 89'45'18" East, a distance of 30.01 feet; 01'31'30" West, a distance of 384.83 feet; 89'32'51" West, a distance af 30.01 feet; 01'31' 30" East, a distance of 384.46 feet to the Point tiL'.'v.v'.------ I ,.' ~T ...."""" ~T ,':::::~~~, ,r .j\i~::?:::::'. (:jvil Engineenng i J~ D1~COV6RV DRIVIl ~ LandSwvcying 1 1I0;f1;\tAN.M"J"Il'7IM DI'I"WN BY: j(~ ALLIED Gcorechnicalllnginccrillg I fI1'IONt;(~/Iti).I~'~..jl'l~1 Ai\4tWED BY: lilT ~~~~r:~~~~~l Slructurlll EngiJlt:t:ring IA."i~IIfl)~~..mjl OAm 0lIl120/05 I1111111111111111111111111111111111111111111111 ~IIIIII ~~~15:~: Shelley Vanoe-Gallatin Co MT MISC 62.00 '" ~ 5 " '.' u, w u) ~ rJ 1 u) -;;; ~ ~ . o OJ t co " "' '" I "' ;? ,', '" '" .':J Cj SI-:I.EE'l" 1m2 ~T NIIL 0/I-OS2 \Z-~tIE !EWi:R..d'll'lll