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Home My WebLink About04- Stephens Enterprises Limited Partnership; 2300 W. Babcock - Sewer, Water, and Storm Drainage Pipeline Access Easement """~' '<- ( ,"-,. -~-~~"-~~~ , SEWER, WATER, AND STORM DRAINAGE PIPELINE AND ACCESS EASEMENT AND AGREEMENT STEPHENS ENTERPRISES LIMITED PARNTNERSHIP of 2320 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 lay, construct and maintain water, sewer and storm drainage pipelines with the usual seil/ices, valves, manholes, connections, accessories and appurtenances for the purpose of transmitting water, wastewater and storm water in, through, and across a strip of land situated in Gallatin County, Montana, twenty-six (26.00) feet wide to be located on the real property described as Tract VW-1, Certificate of Survey 1227, as filed with the Gallatin County Clerk and Recorder. 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 survey and establish the route and location of the easement and the pipeline 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 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 thilland 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 1 I I111II111111 ~IIII~IIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIII ~J;314:~~ [P~.A rii"j!t Shelley Vanoe-Gallatin Co MT MISe 30.00 ,"\,.. '..' 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 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. 2 1111111 III 1111111111111111 11111111111111 11111 11111111 ~?~:4:~~p Shelley Vanoe-Gallatin Co MT MISC 30.00 ,. t~ DATED this 5""' day of <-f) OIlVnl)H/L. . ' 200 1 . , I ,-. t . ,y~.;p. ren.s. En:JLses Lr>1llfcl ib.~frk"j"-up ( ):.:u _ (2, . aJd- GRAi<JTOR STATE OF MONTANA ) w/bJ> ~/Je...-' ) ss. County of.OaIfeiiA- ) On this J/~ day of rft,tlC"'16M/ , 2fJ!/t., before me the undersigned, a Notary Public for the State of Montana, personally appeared, " liL~~&z1t. , known to me to be the .' , jJ1Ei/J '!Aiht / t/y.wr of ,.5tth//lf !5JiF"" 1,],,;2I;;l ~/#;l!-4.and the perso ose ~me is subscribed to the within instrument and acknowledged to me tha~ executed the within instrumen~for snd 6A 9Qh~lf of \- - ....-....................... - ^ '-"'. '-../ '-/ -- - "-"""" .........." "-' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial ,< '~~'6m~,~,~y and year first above written. ..,. .. ....'t. ..,..,..'~ <( "" '.," \..' ..... ~. 'tl. ~ .: \-,.' :\,.11/ " ~ '. "'-./. O. ,# :~,I ~,'", (S~, L) :. ~' E.'AI. i' i . 'r-\\.-,- ~: " r .... {' .,:' , i'. ,~' .\ U II or the State of Montana : 'II! l ~ 14/7/-/ Levc II (Printed Name) Residing at 1tr'/hl1j(" My Commission Expires ;11r I / 28' /20cdz. . 3 111111111111111111111111111111111111111111111111111111I ~~t~~(::~p Shelley Vanoe-Gallatln Co MT MISC 30.00 ,... .. .;: ,o' ACCEPTED: C~A~ CITY OF BOZEMAN by its City Manager ..::":<;.::'~}~, ... A. ' ~.~'''..'~; . ~.. ..1. ....:.. .:.......,~......'.>) \..' ...."" .~ !!". -- --';.. ; ;.! -. ~.-::. ..:]-- - .., '. ". Clerk Qf.tbe'Cif1~fnmission STAT~.~~~~~r;}f~~A ) -.. t '.' ) ss. County of Gallatin ) On this 15~ay of tJnV(!./VVlla..eff" ,200(/1, before me, a Notary Public for the State of Montana, personally appeared RON BREY and ROBIN L. SULLIVAN, known to me to be the Acting City Manager and Clerk of the City Commission forthe 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. .~ . '(Sg~q ." ." t'"J 'J' ". I"~. -0' .~. ':. :~ '. ..1 '. \,\ ::~~~~A ~ "";~',.Notary~bti~.:f the St of Montana ..~. '.. .':M-e 0(~AII)-"Yl~_"" o (Printed Name) Residing at Bozeman, Montana My Commission Expires: 0...1 z/) 120Q1 H:\0417\039\docs\BOUNDARY\VW.1 Sewer Water pipeline easement.doc 4 111111111111111111111111111111111111111111111111111111I ~~t3~(::~p Shelley Vanoe-Gallatin Co MT MISC 30.00 ) " r ...- EXHIBIT 'A' UTILITY EASEMENT LOCATED IN THE SEI/4 OF SECTION 11, T2S, R5E, GALLATIN COUNTY, MONTANA C1/4 SEC.11 ~~-- t S89'11'19"E 410.40' LEGAL DESCRIPTION A strip of lond being 26.00 feet wide, lying on the west side of the east line of Tract VW-1, of Certificate of Survey No. 1227, as filed with the Gallatin County Clerk .::nd Recorder, located in the southeost 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 northeast corner of said Tract VW-1; thence South 01' 51' 58" West a di.:ltance 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 east line of the said Tract VW-1, said point being the true point of beginning; thence leaving said parallel north line and along the said east line, South 01' 51' 58" West a distance of 239.80 feet, more or less, to the southeast corner of said Tract VW-1; thence along the south line of said Tract VW-1. North 89' 09' S3" West a distance of 26.00 feet, more or less; thence leaving said south line and running parallel to and 26.00 feet west of, when measured at right angles from said east line, North 01' 51' 58" East a distance of 239.79 feet, more or less, to a point lying 32.50 feet south of, when measured at right angles. the north line of said southeast quarter; thence along a line parallel to and 32.50 feet south of. when measured at right angles. the said north line, South 89' 11' 19" East a distance of 26.00 feet to the point of beginning Said strip of land containing 6,235 square feet, more or less. WEST BABCOCK STREET S89011 '19"[ 26,00' SO.1'51'58':W--r 32.51' 32.5' '---'\r~-y -,&s, 1 2 P.D.B. 6235 SQ. FT. R/W LINE WENZEL.. srEVEN y. SMILEY SUSAN M '2885 110 F vW-1 rRASCr 1221 ~ cO ~ oi ,...., N &..J I: CXJ !f> 10 . ..... o :z b ~ (7) ,...., N ~ I: co !f> ..... ~ ..... o en 26' NO.6.3 COS NB9"09'53"W 26.00' 2 \jW- rRACr1221 COs "'MORRISON .. MAIERLE,INC. .~~~ III) b n1;J, .1 ... ..... Uf. I177t . f'hDM: (a) SI1-o1.tt ......... """""'" - ..- -,... flIIIC:(.5i7~I171 CLIENT: FIELD WORK. DRAWN SY: KW CHECKED SY: DATE: 04/16/04 SCALE: 1"=50' PROJ ;0417.039 I- GRAPHIC 5~~ ( IN FEET ) 1 inch = 50 ft. SCALE 25 , EXHIBIT 'A' UTILITY EASEMENT .. Ie It) N ..IDS -...- .... 0 2: ,.... ID ~ .... it :g ...... N::: ~s _61 -. =61 CO> U -VI _E ____ I- _:I: _0 ____ u =r:: -... -; ---= -- ... ~ _0 r:: !: iiiiiiiiiiiiii >- -. ... ~. r. _VI 50 I PLOTTED DATE' May/07/2004 - 11 :05:27 om DRAWING NAME: H:\0417\039\A<:ad\EASEt.lENTS\EASE -l.dwg SHEET ~ OF ---1.....- PLOlTrO BY, ..on