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Home My WebLink About01- Swenson, Jerald E.; S1/2 of Sec 26 N. 27th Ave - Public Access & Utility Easement (#3) ,. .. III11 Dill ~IIIIIIII ~III MIll ~ IIII ~~;~~5~: /' ~ Shelley Vanoe-Gallatin Co MT MISC 4B.10 EASEMENT In consideration of One Dollar and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, JERALD E. SWENSONr with an address of 6071 Jackrabbit Laner City of Belgrader County of Gallatinr State of Montanar 59714r hereinafter referred to as "Grantorrff hereby grants, conveysr and transfers unto the CITY OF BOZEMANr a municipal corporation of the State of Montana, with an address of 411 East Main Streetr City of Bozemanr County of Gallatinr State of Montanar 59715r hereinafter referred to as "Granteerff a perpetualr nonexclusiver public access and utility easement. Said easement shall be over and across the real property described in Exhibit A attached hereto and incorporated herein by reference. Said real property shall be known as the servient tenement. Said easement shall be for the use and benefit of the City of Bozeman and the public at large. Said easement shall be for the purpose of the construction and maintenance of a public street and the construction and maintenance of public utilities. The location of said easement is as set forth in Exhibit B attached hereto and incorporated herein by reference. This grant includes the right of the Granteer and its 1 .' II~ 111111111111111111111111111111 ~I mll~ ~I ~;~~5~: Shelley Vanoe-Qallatin Co MT MISC 4B.00 successors, permitees, licensees, and assigns and their agents and employees, to enter at all times upon the above-described real property by using the existing roads or trails or otherwise by a route causing the least damage and inconvenience to the Grantor's real property in order to survey and establish the route and location of the easements and the pipeline and to: 1. Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline, services, connections, accessories, and appurtenancesi 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 pipelinei 3. Grade the real property subject to this easement and extend the cuts and fills of this grading into and on the real property adjacent to that which is subject to this easement to the extent Grantee may find reasonably necessarYi and 4. Support the pipeline across ravine and water courses with structures that Grantee deems necessary. 2 1111111111111'1111111111111111'1111111111111'111111111I ~~7~~r:~~p Sn,lley Vanoe-Gallatin Co MT MISC 48.00 The Grantee agrees: 1. That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of the utilities, it will repair or replace, at its sole expense, or pay to the Grantor the reasonable value of any damages to growing crops, existing fences, ditches, and other appurtenances of said real property that may be disturbed by its operationi and 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 be exposed by the excavation and remains after backfilling is completed. 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 . . 111111111111111111111111111111111111111111111111111111I ~~~~~~:~~p SMelley Vanoe-Gallatin Co MT MISC 4B,00 The Grantor agrees that: 1. At no time will it 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 real property 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 warrants that it is lawfully seized and possessed of the real property described above, that it has a lawful right to convey the property, or any part of it, and that it will forever defend the title to this property against the claims of all persons; and 4. The Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor. Said easement shall be binding upon the heirs, executors, administers, personal representatives, successors, and assigns of the parties hereto. The Grantee hereby accepts the grant of this easement 4 . " 111111111111111111111111111111111111111111111111111111I ~~7i~r:~~p Shelley Vanoe-Gallatin Co MT MISC 48.11 subject to the terms and conditions set forth above. DATED this 1.. q t!ctay of Od- , 2001. GRANTOR: ~, ?w~~~ ACCEPTED BY: Y", CITY OF BOZEMAN ny", ..,", '\ '" \ ~-""-"-"- s.----..,~~ Its L'~-'f 1\A.b.N:..::.....t:'5\~_ STATE OF MONTANA) ss. County of Gallatin) On this Lday of CJc...:f",'e.v ,2001, before me personally appeared Jerald E. Swenson, whose identity was proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he executed the same. ~ ~ '. ~. I, . I ~ . , ~. /l 'p It II, . ~ '~'. fi}/A ',c, , '1..,.:" , .. -"'A ".. ..\.,."".'" "+ . :' ci~'(~~1ft)n~, fI'"\ ~ r=:\;,':~... :~ ; t. G." \1:.- (I f\ \ \5 ..~ ,; :~ ~ ...'.. ' ,.... .;' .;.... "'l ". ..~"q;.., "c., ;-~.,..." .;...,~, ,/ " ~'.PF ,~~../ . I, ~ ,.... ~R.~~" Notary Public for the State of Montana Residing at g...G.~.",,- , Montana My Commission Expires: "/2-7 / ..2P(')~ f , 5 . . 111111111111111111111111111111111111111111111111111111I ~~~~~r:~~p Shelley Vanoe-Gallatin Co MT MISC 48,00 STATE OF MONTANA) ss. County of Gallatin) ~ ...? () Od 4..c./ On this ~ day , 2001, b~for~ me / . personally appeared and ~../ /. .&.LIu~ whose identity is perso known to me (or proved to me on the basis of satisfactory evidence) and wh duly sworn (or ffirme ), did say that they are the and ~of the CITY OF BOZEMAN and said document igned by them in behalf of said entity, acknowledged to at said entity executed the same. ~~:~:~:J,t .. ~':.. ""v <h(J.- . ;e"'.... /~ '..... ( ,', ~t(;' ..11.,.,.,.. '" ,-4- , ,'" ," , ,/11'_, ,",- !I 0 otary publi: ~~ the. Sta~%;.,'," it,O,."M,',,~, 'rJf.,', , 'fl.,'. ""D:a/, ,:.t,""'X Residin,? a~ ~~',~ ~~,zMcr;:ia,:;.~~ /~ My CommlsSlon plres: 6 .-o.1?~"".d"d.J.,.", ..,',.,.,.:..c,',,'<t.,;, /,.' . .,,~C;1 ~\/<' ""!..,",t. 6 < r" . EXHIBIT A . Easement No.3: A public access and utility easement across a portion of land located in the South 12 of Section 26, Township 1 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, as shown on Exhibit B, and being more particularly described as follows: Commencing at a point on the north-south mid-section line of said Section 26, said point being the intersection of said mid-section line and the extended north line of Lot 4A, Minor Subdivision No. 221A, as filed with the Gallatin County Clerk and Recorder, said point also being the True Point of Beginning; A strip ofland 30.00 feet wide lying north of the following described line: Thence along the said extended line, South 89044'46" West a distance of 60.01 feet, more or less, to the northeast comer of said lot; Thence along the north line of said lot, South 89044'46" West a distance of 402.57 feet, more or less, to the west sideline of an existing 60 foot wide public access and utility easement recorded as Document No. 2008890 with the Gallatin County Clerk and Recorder, and the end of the eaSement being described. The length of the north sideline of said easement being adjusted, as required, so as to begin on said north-south mid-section line, with the north sideline of said easement ending on the existing west sideline ofthe aforementioned 60 foot wide public access and utility easement. Said easement contains 0.32 acres, more or less. H:\2605\O 17\docs\jcr-revisedEXHIBIT -A-EASE.doc 11111111111111111111'1 11111 111111'11111 1111111111111111 ~~7~~r:~~p Shelley Vanoe-Gallatin Co MT MISC 4B,00 " ~ .. 4 EXHIBIT B ACCESS & UTILITY EASEMENTS LOCATED IN A PORTION OF THE SOUTH 1/2 OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA EXISTING 60' PUBLIC ACCESS I II & UTILITY EASEMENT ---1 f- LOT 1 ~ PER DOCUMENT NO. 200889~ MINOR SUB. 'I #221 I 30' ~ I LOT 2 MINOR SUB. #221 LOT 3 I ~ MINOR SUB. #221 a. 32.5' --1 OJ r-- ... Q ~ EXISTING 65' PUBLIC ACCESS It) II> CSl ~ L -1'1 & UTILITY EASEMENT mog SHOWN AS "NORTH 27th AVE" mlD~ Q.~ PER MINOR SUB. #221A I , al- LOT 4A ~ N.... a.CSl MINOR SUB. ~C!a I I #221A !!!!!!!!!!!!!!! ~ ~ --- I I ~ - =0 -Cj) _E I I -Ii: - 0 I I ~o ;;;;;;;;;;; c -... -~ =. , I -..... iiiiiiiiiiiiii .. =0 _I -- I , =~ -. -> I -:.- - I , =..... ---. !!!!!!!!!!!!!!! s:. _II> I I o ~ NORTH 100 200 L SOUTH LINE Of SECTION 26 400 rO--tMORRISON cI:1J MAIERLE,INC, ..----.. - . . SCALE: 1 "=200' 'a""I1"'~__" wm __1I1oD'1' '.__."" LEGEND . LOT CORNER PER MINOR SUB.#221A PROJECT NO: 2605017/'Q4210310 FIELD WORK,---- OA J'E, 05110101 ORAI'oN BY: KW SCALE: '"=200" CHEC1<EO BY- CUENT: ~ FORMER 60' ROXILANE RIGHT-Of-WAY S89" 44'46"W 60.01' P.O.B. EASEMENT 3 \ EXISTING 30' EASEMENT ~ NOO"47'56"E : 1031.56' I I NORTH-SOUTH MID-SECTION LINE NOO.47'56"E 30.55' S1/4 COR SEC 26 ~IIIII --~ -- 1/4 SEC. CALLATlN COUNTY PRINCIPAL MERIDIAN. MONTANA SHEET ---1...- ---'-- OF