The URL can be used to link to this page

Home My WebLink About02- West End Professional Center; Tr 4, Plat 16, Film 1363 - Sewer and Water Pipeline Easement ~, " .~ '" 111111111111111111111111111111111111111111111111111111 ~~~~~r:~~p I PlATnD'ft! \ SM.II.y Vano.w;ellatln Co ~T ~ISC 24,00 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT West End Professional Center, the GRANTOR(S), in consideration of One Dol1ar ($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 117 LF (sewer) and 0 LF (water) pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose oftransmitting 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: An easement for sewer line, waterline and fire hydrant purposes commencing at the Southwest Corner of Tract 4, on Plat 16 Film 1363, located in Southwest 1/4 of the Southeast 1/4 of Section 11, Township 2 South, Range 5 East, of MPM, City of Bozeman, Gallatin County, Montana; Thence North 89041 '41" East along the south line of said Tract 4 a distance of39.34 Feet to the true Point of Beginning of this easement, being a point on the westerly easement line; Thence North 00002'56" East, 31.64 Feet; Thence North 89041'41" East, 128.34 Feet to the westerly line of West Main Business Plaza (Plat J-97); Thence South 00007'23" West along said West Business Plaza a distance of 31.64 Feet to the north line of a Tract deeded on document No. 2059587; Thence South 89041 '41" West, along said north line of the Tract deeded on document No. 2059587 a distance of 128.30 feet to the true Point Of Beginning, containing 4,058.6 square feet more or less, and subject to all easements of fact or record. 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, pennittees, 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; _ c 'if .. IIIIIIIIIIIIIIIIIIIIIIII~IIIIIII~IIIIIIIIIIIIIIIIII ~~;~~f:~~ SMelley Vanoe-aallatin Co ~T ~ISC 24.00 (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 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 arca 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) 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 2 .. "","" . 1111111111111111111111111111111111111111111111111111111 ~~~~~f:~~p .. SMelley Vanoe-Gallatln Co MT MISC 24.00 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 ab day of ~Jt ,2002 /C---t ~ ad ~ GRANTOR .pr~ C~ ' 0/:::) 0/ p'2.... / PARTNERSHIP STATE OF MONTANA ) ) ss, County of Gallatin ) On this .;)b day of ~LL.b1 , 2 OO~ before me the undersigned, a Notary Public for the State of Montana, p sonallyappeared, ~tJE. E. ~or:":__ , known to me to be the PAe.TNf~ of k/E.'~r ENE> ~oFt&s/(IHa.Oal/krand 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 WEsr [;;Ilb PIlIJFcssloNt4r<.. (!/SNT&It-' , \ \ \ '. \ 11111/ f .':IN ~WijjE'S'S WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day,iindy~~ 'first:~Q'v-!l written, , '. ,.-;- 1'- r't :Y,- :f I.J , . -\ -1 Ii I '. --- ::: ,'..\,1. \ " rn- H ". : (SEJ\l;~ : :: :...A, " ~';' 'l'~;' /L : * :;:: . <i' '1'\ ',- . ""~,, ,., ~ "-. ,<: - ---...., '~.... ;;1 ~:- . , .' t>- ....~ -'/</"oi:: ~;()~'\>"" Illflll 111\\\\' ACCEPTED: t~]d ~ EL,z.A-Bert+. 4. ;::,eyI:E. Notary Public for the State of Montana Residing in Bozeman, Montana / / My Commission Expires J II-J ;J.DO~ I J <::"-=::~~""""'~~.......__._.--..--,---------- CITY OF BOZEMAN by its Ci ty Manager On this 3'" day of .:)L~-+.e-bc..( , 2~, before me, a Notary Public for the State of Montana, personally appeared CLARK V. JOHNSON 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 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. 'u'"'' '~"""t:'''''';''.'' ,<' C , '{j " "'. 00 ' "C'i .",,\ AI? ".. ~ . ~ .... c-. 1.-:,\ (I' . , J....:'"", .,., . ',..',.~ . i i~EAL\ 1 ' '~~ U : ;,. . ....,. ......::. ~\ \J'l ". .... ~ ,~ ~ ~ '. .' ~, ,..,.4,.........,' '"1.'" .;~ '.~, ;teF' t/lO~ ,..,. It," n.,; ~ if,! I ;.~ \1,\ I, I.' ~M 'Notary ul~ for the State of Montana Residing at Bozeman, Montana My Commission Expires: ~'" I~ { ~&::. 3 ". o 25 50 ~-..., I SCALE: 1 INCH = 50 FEET TRACT 4- PLAT 16 FILM 1363 WEST MAIN BUSINESS PARK (PLAT J-97) N '02'56' E 31.64' S 00'07'23' IJ ----jr64'-- N 89'4\'4\' E - - - - - 128.34- - - - -B, Q:1:L PR[JPOSED 8' \.\. MAIN ..--- - - S = 1.3% L = 2')2' "" (") S..119'4\'4\' IJ -+----- -- i2€l30'--- I ~t:AI~, I 3934' , , ", I " ,..,~ tn ,.", R,Q,W, TRACT6B CO,S. NO. 822 II '" z ~I '" '" Co n w '" o iSl '" (L EASEMENT DESCRIPTION An easement for sewer line, waterline and fire hydrant purposes Commencing at the Southwest Corner of Tract 4, on Plot 16 Film 1363, located in Southwest 1/4 of the Southeast 1/4 of Section 11, Township 2 South, Range 5 East, of MPM, City of Bozeman, Gallatin County, Montano; Thence North 89'41'41" East along the south line of said Tract 4 0 distance of 39,34 Feet to the true Point Of Beginning of this easement; Thence North 00'02'56" East, 31,64 Feet; Thence North 89'41'41" East, 128,34 Feet to the westerly line of West Main Business Plaza (Plot J-97); Thence Sou th 00'07'23" West along said West Business Plaza a distance of 31,64 Feet to the north line of a Tract deeded on document No 2059587; Thence South 89'41'41" West, along said north line of the Tract deeded on document No_ 2059587 0 distance of 128,30 feet to the true Point Of Beginning, containing 4,058_6 square feet more or less, and subject to 011 easemen ts of fact or record, CITY OF BOZEMAN WATER AND SEWER EASEMENT filLi: ALLIED ENGINEERING n DISCOVERY DRIVE BOZEMAN, MT 597]~ PHUNU (40~) 5~~-lln 1 FAx (40fl) 5~~.~770 Civil Engineering Land Surveying Geotechnical Engineering Bozeluan, Montana 75 I I I I I ~ ~ ~ ....l < ! I., UZ~: - W, Wi ~ " o p:;- P-; 11. ~ ~ CO N ."" .,. Ell -- N QOZ CO"'~ -.~ -.- N:g: ~ElI ~~ -~ - ~ - =0 -II) _E ===.... _IE: - _0 -0 - -!; -- -- ~. =0 _I -- _0 =1: ~ ---- >- -~ -.. _L -II) EXHIBIT ^ DRAWN BY, CG8 DA TE: 08/02 PROJECT N: 02-057 EASEMENT.DWG