HomeMy WebLinkAbout02- Gallatin Center; Lot 4-5 - Waterline, Fire Hydrand, and Utility Easement
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WATER LINE, FIRE HYDRANT, UTILITY AND ACCESS ~A~~':::A.~j)i'ISI~
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AGREEMENT
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Gallatin Center Limited Partnership, of Bozeman, MT, 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 a water line with the usual services, valves, connections, accessories and
appurtenances for the purpose of transmitting water in, through, and across a parcel ofland
situated in Gallatin County, Montana and further described as:
An easement for waterl ine, fire hydrant and other utility purposes over a portion of Lot 5 of The
Gallatin Center Subdivision PUD Phase I;
Commencing at the Southeast Comer of Lot 6 of The Gallatin Center Subdivision PUD Phase I,
located in Section 35, Township 1 South, Range 5 East, PMM Gallatin County, Montana;
Thence North 29027'22" East, 262.21 Feet to the true Point Of Beginning of this easement, being
a point on the wcsterly line of an existing utility easement shown on Lot 4,5, and 6 of The
Gallatin Center Subdivision PUD Phase I;
Thence along the easterly line of said existing easement South 43055'59" West, 22.00 Feet;
Thence leaving said easement, North 46004'01" West, 15.00 Feet;
Thence North 43055'59" East, 22.00;
Thence South 46004'01" East, 15.00 Feet;
to the Point Of Beginning, containing 330 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, permittees, licensees, and
assigns and its and their agents and employees, to entcr 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:
(I) 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
threatcn to interfere with or be hazardous to the construction, operation and maintenance of
the pipeline;
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(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 pipeline, 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:
(I) 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 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
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5hallay Vanoa-Gallatin Co ~T MlSC 24.00
easement and agreement shall extend to and be binding upon'tfiehdrs-,--executors,
administrators, personal representatives, successors and assigns of the parties hereto.
DATED thi~~ay of ;vJ1"If~~(<'"
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ST A TE OF MONTANA )
):ss
County of Gallatin )
On this 85 day of t1l VlI..UL~ ' 2002, before me the undersigned, a Notary
Public for the State of Montana, personal yappeared Eu.& evH'... known to
me to be GeYl~Y-a 0 t:hr=\-ng ^ of . and the
person whose name is subscribed to the within instrument and ac~ g~ rp.e that he
executed the within instrument for and on behalf of Ga.UtJ,Vl CefI-kv- Lm. k l.P
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,IN'Wt'tNE~S WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
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Residing at Bozeman
My Commission expires
CITY OFFICIAL:
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CITY OF BOZEMAN
by its Ci ty Manager
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Cler of the City Commission
STATEOFMONTANA )
)ss.
County of Gallatin )
On this Ltfh. day of riYJ ~ ' 2002, before me, a Notary Public for the State
of Montana, personally appeared CLARK V JOHNSON and ROBIN L. SULLN AN, 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 official seal the
day and year first above written.
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Residing at Bozem n, Mo tana
My Commission Expires: '2- 5 2003
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TRUE POINT OF
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LOTS
GALLATIN CENTER SUBDIVISION
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LOT6
GALLATIN CENTER SUBDIVISION
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WEST LINE OF EXISTING'
UTILITY EASt:MENT
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EASEMENT DESCRIPTION
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An easement for waterline, fire hydrant and other utility purposes over a portion of
Lot 5 of The Gallatin Center Subdivision PUD Phase I;
Commencing at the Southeast Corner of Lot 6 of The Gallatin Center Subdivision
PUD Phase I, located in Section 35, Township 1 South, Range 5 East, PMM Gallatin
County, Montana;
Thence North 29'27'22" East, 262.21 Feet to the true Point Of Beginning of this
easement, being a point on the westerly line of an existing utility easement shown
on Lot 4, 5, and 6 of The Gallatin Center Subdivision PUD Phase I;
Thence along the westerly line of said existing easement South 43'55'59" West,
22.00 Feet;
Thence leaving said easement, North 46'04'01" West, 15.00 Feet;
Thence North 43'55'59" East, 22.00 Feet;
Thence South 46'04'01" East, 15.00 Feet;
to the Point Of Beginning, containing 330 square feet more or less, and subject to
all easements of fact or record.
CITY OF BOZEMAN
FIRE HYDRANT EASEMENT
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ALLIED
ENGINEERING
.n DISCOVIiRY ORIVE
BOZEMAN. MT 5971t1
PIIUN!". (406) 5l'l~-O~:Z1
fAX (40fi) SlU-:'i710
DRAWN BY: WMS
DATE: 7/01
PROJECT #: 01-040
EASEMENT,OWG
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EXHIBIT A
Civil Engineering
Land Surveying
Geotechnical Engineering
Bozeman, Montana
SERVICES, INC.