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Home My WebLink About03- Bozeman Lakes LLC; Tr 1, Blk 1 & Tr 1-2, Blk 2 Valley West Sub - Sewer and Water Pipeline Access Easement ,- ~ . '~. II~ml~lgll~1111111111111111111111111111 ~;~:18~,~ "J Shelley Vanoe-GallaUn Co MT MISC 3111.111111 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Bozeman Lakes, L.L.C., of 2415 E. Camelback. Ste. 900. Phoenix, AZ 85016, 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, 411 East Main, Bozeman, MT 59715, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sanitary sewer and water pipelines with the usual services, connections, accessories and appurtenances for the purpose of transmitting wastewater and water in, through, and across a strip of land situated in Gallatin County, Montana, thirty (30) feet wide to be located on the following described real property: The easement is located in Tract I of Block 1 and Tracts 1 and 2 of Block 20f the Valley West Subdivision more particularly described and shown on the attached Exhibit(s) A & B, 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 survey and establish the route and location of the easement and the pipeline and to: (1) Construet, 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 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 conneetion 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 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 trenehed 1 of 3 v . . . 111111111111 1111111111111111111111111111111111111111111 ~~~; ~~~~:~: ~A Sh.lley Vanoe-Gallatln Co MT MISC 30.00 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 wi 11 leave the finished surface in substantially the same condition as existed prior to the beginning of operations exeept 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 (3) without the prior written consent of the GRANTEE. 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) warrant 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. DATED this 1& ~W~~ ~~ =.-~ By: Donald 1. Meyers Title: ~...... +c:..61L day of 2 of 3 . L~ STATEOFMONTAHA ) ) ss. County of GallatiR.~..:) On this J..S:..... day of ~ ~ , 2003 , before me the undersigned, a Notary Public for the State of MeRtal'lll, personally appeared, Donald 1. Mevers, known to me to be AllAl.cI....l"I'~ the ~........~ of Bozeman Lakes, 1.1.c. and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Bozeman Lakes, 1.1.C IIII~ 1!l111111111~1 m IIIIII ~IIIIIIIIIIIIIIII ~:t ~Jr ~,~ Shellev Vanoe-Gallatln Co MT MISC 30,me IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ~ ,'1.1 .AL ,)1i\,_ Uf\\:';/\ S OHARA ~, . .~' - .":' NU If,":V "l '.',:.'UC-ARIZONA - ,,' MAHiCOPA COUN1Y _'_~~~~;;:eS..A rlI21, 2006 ~, ~. o'l~~,-- N~taryPublic for the State Of'~u~ ~ Pnnted Name L.'v-.tJ.. c"" "2>. n .;, Residing i~ B?zeman~ Mefttrh ~'-:}.LA.A.L> My ComrlllsslOn Expires '0 b . n " ./ .'1.,:' . ,....__~ ~ "';'j.;l J. .. -'""",'cl ~" 4"; -,.f,. . =75(\t,~1 .-<;,;;,\\~~ \ ;ioA '^ .",'\~-::,...9 : ' ',:~.,,~ 0]: ~. ~ -\-1 CITY OF BOZEMAN by its C; ty Manager ACCEPTED: County of Gallatin On this 7.r day of rf-.rJ P A,-y// ,2003 , before me, a Notary Public for the State of Montana, personall~ CLARK V. JOHNSON and ROBIN 1. 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 subseribed 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. . (SPrf5L)", , . ' .. t. (: \, ....:) , ; r-.. .,".. *-^" 4"'''' V" "0 ". ,.- "",' ~..;A c;'l .~ {. ~-"l y :..11 - '. ' ." ~~. : ~ ~ ~' ?';. ...~. . '~.I. I~- ..-. ~, "'+ "'1\1 \.: . 1;) '-" ','~-', '. . ...."'; ".(:-f~...i''''''''';''''I''' T' ~~ ?{;MA~ Notary Public IW eState of Montana Printed Name 1ft?,. 6ylt1ill Residing at Bozeman, Montana My Commission Expires: 3 /25 /:z.OiJ7 H:\3384\004\Docs\Scwcr\S-w-pipe ease.rtf 3 of 3 . . . , . , 11111111111111111111111111111111111111111111111 11111111 ~~~~ ~~~r:~: ~A Shelley VanoewGallatin Co MT MISC 30.00 EXHIBIT 'A' Sewer and Water Pipeline and Aceess Easement V alley West Subdivision 1/30//03 A sewer and water pipeline and access easement located in Tract I of Block I and Traets I and 2 of Block 2 of the Final Plat for Valley West Subdivision, as filed with the Gallatin County Clerk and Recorder, located in the northwest quarter of Section 10, Township 2 South, Range 5 East, City of Bozeman, Gallatin County, Montana, as shown on Exhibit 'B', and being more particularly described as follows: A utility easement being a 30 foot wide strip ofland lying 15 feet eaeh side of the following described easement eenterline: Commeneing at a point on the north line of the Final Plat of Valley West Subdivision Phase IB, said point bears North 31014'08" West a distance of720.29 feet, from the center quarter corner of said Seetion 10, said point also being the True Point of Beginning of said easement centerline; Thence North 00008'02" East a distance of895.72 feet; Thence North 00039' 40" East a distance of 1109.30 feet, to the north line of said Traet I of Block 2 of Valley West Subdivision, and the end of said easement centerline. The sidelines of said easement being adjusted in length, as required, so as to begin on said north line of the Final Plat of Valley West Subdivision Phase IB, and end on said north line of Tract 1 ofBloek 2 of Valley West Subdivision. Containing 1.38 acres more or less. H:\3384\004\docs\EXHIBIT -A-KIMBALL.doc . DURSTON ROAD N83" i 5~"E~ $.3 :::sIT3.0i s:l1 01 I TRACT 1 I BLOCK 2 VALLEY WEST SUBDIVISION I I I I. v Ig I~ ;; I~ OJ I~ tf) NOO"3 '40"E 1109.30' 1.38 ACRES TRACT 2 BLOCK 2 VALLEY WEST SUBDIVISION 30' UTILITY EASEMENT CASCADE STREET NOO"OS'02"E S95.72' 15' TRACT 1 BLOCK 1 VALLEY WEST SUBDIVISION FINAL PLAT OF VALLEY WEST \ SUBDIVISION PHASE 18 \ N31'14'08"W / \ 720.29' \ C 1/4 SECTION 10 WEST BABCOCK STREET ~ ~ :::.. ....; :<:; o ES t,; ~ ~ CLIENT: FIELD WORK' DRAWN BY: KlAS/KW CHECKED BY. EXHIBIT 'B' A SEWER AND WATER PIPELINE AND ACCESS EASEMENT LOCATED IN TRACT 1, BLOCK 1 AND TRACTS 1 & 2, BLOCK 2 OF VALLEY WEST SUBDIVISION IN THE NW1 /4 OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONT ANA GRAPHIC SCALE .300 --i. I so .300 P----- I I ( ill FEET ) 1 inch = 300 fl -- --- - ..- ..,. '... V ALLEY WEST EXHIBIT 'B' UTILITY EASEMENT DATE: 12/06/02 SCALE: I "-300' PROJ ,3384.004 PLOTTED DATE: Jon/30/2003 11:15:11 om DRA'MNG NAME: ~\3J&.<\OQoI\-'CAD\P_\Ezh;~iU\WIEST -EASE.....9 SHEET ---1..- OF -L- 1111111 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII.a!: 15 ~P517