The URL can be used to link to this page

Home My WebLink About02- MacDonald, David M. & Cheryl A.; Tr 5, Tr 6B, & 7BW, Mtn Vista Suburb W. College - Sanitary Sewer & Water Pipeline Easement <. -r f1LATTEO ~ II~IIIIIIIII~III~IIII~ I~II~ 1111111111111111 ~.~~6:~~, .! sh.l1.y Vano.-GallaUn Co ~T ~IsC 24.00 SANIT ARY SEWER, WATER PIPELINE AND ACCESS EASEMENT AGREEMENT David M. MacDonald and Cheryl A. MacDonald, of804 North 19TH Avenue, Suite 2A, Bozeman, MT 59718, the GRANTORS, 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, P.O. Box 1230, Bozeman, MT 59771-1230, the GRANTEE, its successors and assigns, perpetual easements to lay, construct and maintain sanitary sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting city sewage and water in, through, and across a strip of land situated in Gallatin County, Montana, and being variable in width, to be located on the following described real property: Tract 5, Mountain Vista Suburb of Bozeman, and Tract 6B and Tract 7B, AMENDED SUBDIVISION PLAT OF TRACTS 6 AND 7, MOUNTAIN VISTA SUBURB OF BOZEMAN, according to the plats thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the SE 1/4, SE 1/4, Section 11, T. 2 S., R. 5 E. of P.M.M. The Easement is more particularly described and shown on the attached Easement 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 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 easements and the pipelines 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 ofthis 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 water main and sanitary sewer pipeline(s), it will repair or replace, at its sole expense, or pay to 111111111111111111111111111111111111111111 I11111111111 ~~.~~r~,~, sh.ll.y Vano.-Gallatln Co ~T ~ISC 24.00 GRANTOR(S) the reasonable value ofany daniages.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. (3) To lay, construct and maintain said pipelines in such manner as will not hinder or prevent the proper cultivation ofthe tract to which this right of way is hereby granted. The GRANTOR(S) agree(s) that: (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 offill material within the boundaries of said easement without the prior written consent of the GRANTEE. (3) The GRANTOR(S) warrant that they are lawfully seized and possessed ofthe 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 ofthis easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED tbis 1 day of 1 u fJ GRANTORS: . ,(/f/ 1"~/)-C) 'f:J/~.,-6-7" ,,~"'...._~.-/ , 2002. David M. MacDonald ~a,Jtt~ .-- ery A. MacDonald STATE OF MONTANA } } COUNTY OF GALLATIN } 11I~1I111111111111111111111111111111111111111111111111 ~~~~~r~,~, ss. sh.ll.y Vano.-Gallat.ln Co ~T ~IsC 24.00 On this ~ day of , 2002, before me the undersigned, ~.1 01 Lee... 1:.1?~, ot ublic in and for the State of Montana, personally appeared David M. MacDonald and Cheryl A. MacDonald, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. o Y PUBLIC FOR THE ST ATE OF MONT ANA 4re-11 Le_t!-_~~ (Printed Name~ Residing.! . 2D~ ~ My Commission expires 1:. Mf In witness whereof, I have hereunto set by hand and affixed by offi~a\I\\sl!ll1ll,/~p'e day and year first abov ritten'f~,;-,\~~..~.EEp6\";.. < <<:-.' 0 ~^RI...(.. <P ~1- :?;[,'," <""~~ \ - \ SEAL) >> -" =.~ -~ ~ \, "'" ...~~p " l5'~', .,~. ,'" '-:/,,,<~ti.c' ;f":'M" ()\~ >l (tlil ,J \\\\'\ 111111111111111\1",\11 SEAL: ACCEPTED: \ ~ c: ~._-\ '- Clark Johnson, City Manager for CITY OF BOZEMAN ~:cY~ Clerk of the City Commission STATE OF MONTANA } } ss. COUNTY OF GALLATIN } On this ?.w'C- day of '=, 200 Z-, before me, the undersigned, a Notary Public for the State of Montana, persona appeared Clark Johnson and Robin L. Sullivan, known to me to be the City Manager and Clerk of the City Commission, respectively, ofthe 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 written above. ~ .-(}~.~tR... NOTARY PUBLIC F R THE STATE OF MONTANA 0-- (26oPLI{ (Printed Name) Residing at r3Dt.~ My commission expires ~~+ l~ _ 'Z..oo~ ~';l"~""""""'" ' 'iP' A ~........ ./'~\~i A. C ' ~',. .:" C \ ............ 00 . .;'~~ "'0"'\ AIR /\ ~ ~. J.-. :" ~ ..., ... _ ' ", SEAL _.~ ~.~I : \ t. SEAL} J r#'. .... t tit .>jj, .....to, ~7" '. ~ '. ..' ~;. ,""/... ........... JI. t-:'S .-::' , r~. ~'y- " g:\c&h\O't~(Jl.~ CJ:'ottft:~\wn'& Easement . r,f~~... ;f,~ . EASEMENT EXHIBIT JJMQJ' I,.",...,.,. ... "... .. JJMQJ'._ rJItG7' 18 .....- .. -- HI wllAr" JJMCmt ,_ " 1tIIMIrMI..,.,. ... ".-...., [N89"54'30"E] EXISTlNG PUBLIC UTlLlTY EASEMENT--l 089'54'30' (lA) I 30' 412.49 " I Ci ~ '- 139.74 134.75 - ~ - - - - - - - - - - 89.58'1~ - - - -10- - - - 337.41 .... , - ----ui1.6S- - T.:f4.74 " r... , N I , I I r~ - - - - ., I r- I I I '\, I I 115' 15' 0~9~g8'12. 115, I 15' I I I I I I I I I. I I I I~:EI I I Ig~ I b 18 I Ib I ~ TRACT 168 I 00 I 30 588 Sqlrt I S ~ 0.7022 ,.,<1. 18N I I "~~"",U,"TIurr ,^~.mJO i ~ : ! TOTAL AREA=25,536 SQ FT 0.5662 ACREIII II III ~ 1..J 315"00'00. 18,38 ~ /j I I /1 I I ,," / 000'00'00. ,," 1 ,,6.59 "I " I /i' 1 ,,/' " '/ ":" I /~"" , I,,~..J" " " ---------.., - irJ- 138,60 - - - 'i' ~,'-' , on on Den on. '" ;...~,...: p en~ gon'" 3'" TRACT 78 56.610 S<J Ft 1.2g9B Acres 139.97 134.97 in '" ,/ 11.47 412.41 (M) 269'50'19" [S89"50'19"W] I 1- 10 137.49 ----~ ~ ~-'--I- .- Tr.42 - ,.:g 10 , . =- - - - - - J~ , . \ a \0 :go i: .p '" ....0 ::0 a '" o ~ '" a '" '" III .0 ;;; ~ :J F ~ p z ...: Vl Vl t! ~ Cl Z F Vl X '" 'i'~ ';':1: 0' enog I'"-:m- "'1"- ;;:;m~ ",0 3 TRACT 5 43,563 Sq Ft 1.0001 Acru 137.47 Farmers Canal ,-- g ~- T- l_ ---T----- TRACT 6A TRACT 5A f West Colleg~ Street - - T _mm _I _"_~_ Meters #01133(D) ......-......-.--..-..... 1111111111111111111111111111111111111111111111111111111 ~~~~~f~~~_ TRACT 7 A LEGAL DESCRIPTION TRACT 5 MOUNTAIN VISTA SUBURB OF BOZEMAN, AND TRACT 6B AND 78 AM MENDED PLAT OF TRACTS 6 AND 7, MOUNTAIN VISTA SUBURB OF BOZEMAN SE 1/4, SE 1/4, SECTlON 11, T. 2 S., R. 5 E. GALLATIN COUNTY, MONTANA C# ~TLJT ENGINEER, ING AND r..c.,..;'.1rJl. SURVEYING, INC. . CJril lfq1D.eerm,; . structurel &l6tr1..l'1D6 . Lond SurYvtrI6 205 Edelweiss Drive Bozeman Montana 59718 406) 587-1115 . FII: 4(6) 587-9768' info@chengineers,com Sheet 1 of 1 r-;r 60 I I 18 Scale In o ~ o Scale In 18 Feet 60 I