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Home My WebLink About00- JC Billion; JC Billion Auto Plaza - Public Utility Easement 0 ... . 111111 n 11111 III III 2012069 ~..... * -.t'''' , . . . Flag.: 1 of 6 . 05/09/2000 11 :48R Sh.ll.y Vano.-Gallatln Co MT MISC 30,00 ...-----.. PUBLIC UTILITY EASEMENT AND AGREEMENT J. C. BILLION, of Bozeman, Montana, 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 59771-0640, GRANTEE, its successors and assigns, a perpetual easement to construct and maintain sewer pipeline with the usual services, connections, accessories and appurtenances for the purpose of transmitting sewer in, through, and across a strip ofland situated in Gallatin County, Montana, twenty (20) feet wide to be located on the following described real property: (PLEASE REFER TO EXHIBIT "A" AND EXHIBIT "B") The centerline is more particularly described on the attached Exhibits "A" and "B", 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 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; (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 of the public sewer pipeline, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewer pipeline(s), it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any Page 1 of 3 Pages .. " 1111111111 111111 1111112012069 . . , , Palil.: 2 of 5 05/09/200011:49A SM.ll.y Vano.-Gallatln Co MT MISC 30,00 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 materials 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 pipeline in such manner as will not hinder or prevent the proper cultivation of the tract to which this right of way is hereby granted. The GRANTOR(S) agree 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 the 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 ofthe 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). DATED this 2-1 day of M~ ,2000. , ~~. ~ os h C. Ilhon Page 2 of 3 Pages -'. ."~ ,. 1111111111111111111I II ~~~~~0;~: SMelley Vance-Gallatin Cc MT MISC 30,00 _.___..'_.._n STATE OF MONTANA ) COUNTY OF /Jadk ;ss. ~ On this ;? 1 day Of!JJJvJLl in the year:/()fJ!) ,before me '~, ~~ a ~ otary) personally appeared '-t ~ . --' , known to me to be the person whose name is subscribed to the with n mstrument, and acknowledged to me that (he, she or they) executed the same. (1-5-101,1-5-102,1-5-203, MCA) ,i',; ...,,(1 ",",.,// ';1, "",..1;'''( ,6 (J II,;; /" ,~,,. ~.~'~h#.. ~ tI;~ ,',"'" '.~." hi '.. L,,~' . .. ^ ~ fIl q: .Ii ~ .,. ~ ~ \) ~\I."V' "~< ~.. :',_,' ~ .:; ,~l.>:/ ,:' j, '\'~'~, i i ,.;'&EtA' L,f: i ~ ".oj 1,,'_ .. .. :;- .' ,.: '.. ~ ..... ,," .... Ii ACCEPTED: ........,....~..~ I ~ ~ '~!" '; j" f.' 'I:~ \--\\" .... i, \'" \\ ~:-r ~_ "'J~ ~.\,,~P\~~\~ , , CITY OF BOZEMAN ATTEST: G!J:.Y ~ Clerk of the City Commission STATE OF MONTANA ) COUNTY OF f1l4P';'. ;ss. On this /9 Ns., day of fku.J ,2000, before me, the undersigned, a Notary Public for the State of Montana, persona ly appeared Clark Johnson known to me to be the Clty Manager and Robin L. Sullivan, known to me to be Clerk of the Commission of 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. t"~~'l>""-'j."if ,..' P A.,. ....." ,,' b ". " s ..,. "" '1/", '., ''y ,', " "'/ ". ~:.. '.' r.1'\ /./ "....", ";, ... VJ..o:.-..' r " ;~/.. \'-'4 ~ ", r~, c' c:;.. ,..', _" tAL l? .. , c. '., B'" :-:0 ,', J::l. " ~~ ' " , .h" - ;', ".""i1/"-. ~ -" \,.' ,< ~, . I'.....,.... -:"". ..... H:\3130\OOl\EASEMENT\PUB_uUCB. WPD Page 3 of 3 Pages 0 ~ II II~ I II II 111111 1111 , . ..' I, 112012069 .. Page: 4 of 5 05/09/2000 11 :4BA Shelley Vanoe-Gallatin Co MT MISC 30,00 --.. ------ . EXHIBIT A BAXTER CREEK BUSINESS PARK - PUD October, 1999 Utility Easement A tract of land located in the NE 1/4, SE 1/4, Section 9, T2S, R5E, PMM, City of Bozeman, Montana, and being more particularly described as follows: Commencing on the southeast corner of said Section 9; Thence along the East boundary of said Section 9, N00022'13"E a distance of 1232.43 feet to the Northeast corner of 1. C. Billion Auto Plaza Subdivision; Thence along the North boundary of said J. C. Billion Auto Plaza Subdivision, S89057'30"W a distance of60.00 feet to the TRUE POINT OF BEGINNING; and being a 20 foot wide strip South of and parallel to the following described line; Thence continuing along said boundary line S88057'30"W for a distance of603.24 feet to the northwest property corner of said 1. C. Billion Auto Plaza Subdivision, the cnd of the easement; The boundaries of said easement to begin and end on the West right-of-way of Cottonwood Road and the west property boundary of said 1. C. Billion Auto Plaza Subdivision. Said easement being 0.28 acres, more or less. 1I:\3130\001\EASEMENT\Utility-Awpd . ~ . I- 112012069 .., . '- ' Il'LAm~/ I 111111111I 111111 1111 ~ ~ , r' Page: 5 of 5 06/09/2000 11 :49R Shelley Vanoe-Gallatin Co MT MISC 30,00 . ------------.----"",~'--.-.,~--,....-,-~~-.,.--,.....-..-...- ---- ~------------ --- .~__.~~M__~ ____~~~_________ ._~,,__,",_.,'_____.',.'._n. ~,__~. ..,.~, ___~_. - ,,-..-- .. 10 9 ---~~----- Certificate Of Survey #1005 Norton Ranch Inc. NE 1/4 SE 1/4 END OF 20' WIDE EASEMENT AT BilLION ] WEST BOUNDARY P.O.B. ::::Yt:fifi::3:2e'-- 5 88'57'30" W 622.23' 60.3.24'~ L3=N' 89 57'30"E, 41 1 ill ui C'I N i~ 0 q\O-" ,-0 ~,) .o~ '<;,' . o~ 6~' '>>' ~ l'.Q'c} Cr ~. ~ ;.., N C'I ~ 0 0 ~ c. Ul 2 C1589'51'35" 5 257.16' -~-- -~~~ C1: 6. =00' 11'24" R =22988.31' L =76.20' C2': 6. =00' 15'01" C2: 6. =00' 08'58" R =22988.31' R =22988.31' L =100.42' L =59.99' .II MORRISON ~';~.I';~C:F EXHIBIT 'B' .~ '. s ~ : r ~ :; -;- ~ ;:;,.c :- ,:-,;, 20' WIDE .. , ,~IERLE,INC. :::'_ Co'.i j~::: } =:,: J-::: 1 :...:~ UTILITY EASEMENT 11 _ . ,-. ",' r,'" I' ~ ."::- 1 r. " ~''. ~. !I'~ !~1 i..h'I:"1, I:,.~ .. ",., ~'\, I,!' ';'!'-' , :!,"_r,: '!,' ~.~~.I:'..! r:. ~",'~ ;.':-.l!l~ 3130.001 BILEASM.DWG 10/11/99 -.. -, _.._.--_._,~~. ~-- ~_ft_ ~.. ~--'^. - _..~~~_.~~