HomeMy WebLinkAbout01- Cape France Ent.; Tr A-1,A-2, COS 1827 - Sewer and Water Pipeline
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Snallav V.noa~G.ll.tln Co MT MISC
1112044565
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09/09/2001 04:01P
30.00
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
CAPE FRANCE ENTERPRISES. the GRANTORS, in consideration of One Dollar ($1.00) and
other good and valuable consideration, receipt of which is acknowledged, grants 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 sewer
and water pipelines with the usual services, valves, connections, accessories and appurtenances for
the purpose of transmitting water and wastewater 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: Tracts A-I and A - 2 of Certificate of Survey N urn ber 1 827, situated in the southeast quarter
of Section 26, Township 1 South, Range 5 East, P.M.M. Gallatin County, Montana.
The casement is more particularly described on the attached Exhibit A 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 GRANTORS 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
pipelines, 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 pipelines;
(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 GRAN'rEE may
find reasonably necessary; and
(4) Support the pipelines across ravines and water courses with structures which GRANTEE
deems necessary.
TI-IE GRANTEE AGREES:
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Snallav V.noa~G.ll.tin Co MT MISC 30.00
(1) That, in connection with the construction, operating patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said water and sewer pipelincs, 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 opcrations 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 largc 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 GRANTORS AGREE:
(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 writtcn 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 GRANTORS 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.
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(5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted
without any interruption by the GRANTORS. 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.
DATED this ""30 day of ~ \ '-I
, 2001.
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G NTOR
STATE OF MONTANA )
) ss,
County of Gallatin )
On thisJdrdayof ndersigned, a Notary
Public for the State of M and
c..(lA~ E. F"f'l..o/\. tJ-_ , known to me to be th of
c.AI' e. ~(l..A/1 V:. b1 ~1'4.e11 S and 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
CAt f:.:. fV.A-t If. /71 Jv.$'V.-1l LX./... .J ,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
an'd'Y~~.f1!st above written.
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Notary Public for the State of Montana
Residing in Bozeman, Montana
My Commission Expires I -I b , ~ 0 v ""-
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Snallav V.noa~G.ll.tin Co MT MISC 30,00
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Snaliav V.noa~G.il.tin Co MT MISC 30.00
ACCEPTED:
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CITY OF BOZEMAN
by its City Manager
ATTEST:
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Clerk of the City Commission
STATE OF MONTANA)
) ss,
County of Gallatin )
On this J t.f day of , 2001, before me, a Notary Public for the
State of Montana, personally appear CLARK V, JOHNSON and ROBIN L. SULLIVAN, known
to me to be the City Manager and Jerk 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
y.,e.ar '@rst~.ove ~itten,
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Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires: b -/c..7~ -{).},
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LEGEND
~l EASEMENT 1
L@ (LOCATED ON TRACT A-1)
~~ EASEMENT 2
E8f2~ (LOCATED ON TRACT A 2)
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EXHIBIT
"A"
Parcel No, 1
A 30.00 feet wide sewer easement to the City of Bozeman, being a portion of Tract A-1 of Certificate of
Survey No. 1827, situate in the southeast quarter of Section 26, Township 1 South, Range 5 East, P.M.M.
Gallatin County, Montana and being more particularly described as follows:
Commencing at a 2-inch brass cap found at the south quarter corner of said Section 26; thence North 42'
36' 09" ,East a distance of 1 023.07 feet to a point on the north line of an existing 30,00 feet wide water
and sewer easement recorded as Document No. 2034882 with the Gallatin County Clerk and Recorder, and
the true point of beginning; thence from said true point of beginning North 15' 06' 21" West a distance of
84.06 feet; thence North 69' 09' 29" East 0 distance of 30,01 feet to a point on a non-tangent curve to
the right, said point being on the west right-of-way line of East Volley Center Drive as now laid out 130.00
feet wide; thence along said west right-of-way line southeasterly along said non-tangent curve being
concave to the southwest, having a radius point that bears North 67' 39' 48" East a distance of 1839,86
feet, through a central angle of OS 04' 45", an arc length of 98,86 feet; thence leaving said right-of-way
line and running along said existing easement North 89' 10' 36" West a distance of 41,25 feet to the true
point of beginning,
Said easement being 0.07 acres more or less,
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Parcel No, 2
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A 30,00 feet wide sewer easement to the City of Bozeman, being a portion of Tract A-2 of Certificate of
Survey No, 1827, situate in the southeast quarter of Section 26, Township 1 South, Range 5 East, P,M.M.
Gallatin County, Montano and being more particularly described as follows:
Commencing at the point of beginning for the aforementioned Parcel No.1; thence North 51' 33' 58" East a
distance of 177.46 feet to a poin\ on a non-tangent curve to the left, said point being on the east
right-of-way line of East Valley Center Drive as now laid out 130,00 feet wide, and the true point of
beginning; thence along said east right-of-way line northwesterly along said non-tangent curve, being
concave to the southwest, having a radius point that bears North 68' 38' 40" East a distance of 1969,86
teet, through a central angle of DO' 52' 22", an arc length of 30,0 feet; thence leaving said right-of-way
line North 69' 09' 29" East a distance of 241,58 feet, more or less, to a point on the southwest line of
an existing 30,00 feet wide sewer easement recorded as Film 132, pg. 3181 and Film 180, pg. 4157 with
the Gallatin County Clerk and Recorder; thence running along said existing easement South 38' 15' 20" East
a distance of 31.44 feet; thence leaving said easement South 69' 09' 29" West a distance of 250.49 feet,
more or less. to the said east right-at-way line and the true point of beginning,
Said easement being 0,17 acres more or less,
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TRACT A-1
C,O,S. No. 1827
R=1839,86'
L=9B,88'
6=OS04'45"
CL=98,86'
RAD.=N6T 39' 48"E
30.01 '
N69'09'29"E
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84,06'
N15'06'21"W
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30,0' PARCEL /
EASEMENT ,/
DOC # 2034882 "
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35 S1/4 COR
SEC 26
FND 2" BRASS CAP
TRACT A-2
C.O.S, No, 1827
EXISTING .-1
30.0'
EASEMENT
FILM 132, PG, 318
& FILM 180, PG, 4 57
R=1969,86'
L=30,OO'
L:. =00'52'22"
CL=30,OO'
RAD,=N68'38'40"E
GRAPHIC SCALE
200 ---1 100
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( IN FEET )
1 inch = 200 ft.
200
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CAPE-FRANCE ENTERPRISE
EASEMENT AREA
EASEMENT 1- 0,07 acs.
3,194 sq.ft.
EASEMENT 2 0.17 acs.
7,38Q sq.ft.
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