HomeMy WebLinkAbout01- Cape France Ent.; Tr A-1, COS 1827 - Sewer & Water Pipeline Easement
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Shelley Vanae-Gallatln Co MT MISC 30.00
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SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Cape France Enterprise, 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 lay, construct and
maintain water pipelines with the usual services, valves, connections, accessories and appurtenances
for the purpose of transmitting water 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:
A 30' wide water line easement to the City of Bozeman, being in a portion of Tract
A-I of Certificate of Survey No. 1827, situated in the SE'/4 of Section 26, T.lS, R.5E
P.M.M., Gallatin County, Montana and being further described as follows:
Beginning at a point which bears N 00048'41" E, a distance of732.93
feet from the SYt comer of said Section 26; thence from said True
Point of Beginning along the N-S mid-section line of said Section 26
N 00048'41" E, a distance of 30.00 feet; thence S 89011'19" E, a
distance of723.32 feet to the west Right-of-way line of West Valley
Center Drive; thence along said line along a non-tangent curve to the
right with a radial bearing ofS 70046'22" W with a radius of 1839.83
feet, a distance of259.07 feet; thence continuing along said right-of-
way line S 09036'34" E, a distance of 148.60 feet and S 08053'09" E,
a distance of 155.77 feet; thence N 89011'19" W, a distance of 30.43
feet; thence on a line parallel to and 30 feet west of said west Right-
of-way line of West Valley Center Drive N 08053'09" W, a distance
of 150.45 feet, N 09036'34" W, a distance of 148.00 feet to a non-
tangent curve to the left having a radial bearing of S78049'40"W with
a radius of 1809.83 feet, and along said curve a distance of 233.49
feet; thence N 89011'19" W, a distance of 702.20 feet to the Point of
Beginning. Said easement being 0.868 acres or 37,825 sq.ft.
The easement is more particularly described on the attached Exhibit(s) 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 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
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Shelley Vanae-Gallatin Co MT MISC 30.00
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, operating patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said water pipeline(s), 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 [rom the site any large rocks or
surplus excavating material or any debris that may have been exposed by the excavation and
remains aner 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 fonnation 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) AGREES:
(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 <;:mANTEE.
(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 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
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Shelley Vance-Callatin Co MT MISC 30.00
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 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 '2 ~ day of ~u\~ ,2000.
By:
Title:
INDIVIDUAL
STATE OF MONTANA )
) ss.
County of Gallatin )
~'~ 1
On this,. day ofl.L-. ,2000 before me the undersigned, a Notary
Public for the tate of Montana, perfonal~peared ---J;lrntf/ It. <: ('ON ~. . known to me
to be the person whose name is subscribed to the within instrument, and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year above wriUen.
._-_..-~
/
COIU)ORATE
STATE OF MONTANA )
) ss.
County of Gallatin )
On this day of , 20~, before me the undersigned, a Notary
Public for the State of Montana, personally appeared, , known to
me to be the of and the
person whose name is subscribed to the within instrument and acknowledged to me that he executed
the within instrument [or and on behalf of
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Shelley Vanae-Gallatin Co MT MISC 30,00
IN WITNESS WHEREOF, I have herewlto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL)
Notary Public for the State of Montana
Residing in Bozeman, Montana
My Commission Expires
ACCEPTED:
C~_:::7'- . ~ -1-
CITY OF BOZEMAN
by its Ci ty Manager
ATTEST:
r?:t:he~~
STATE OF MONTANA )
) ss.
County of Gallatin )
~ ~-
On this A_ day of ~. , 20..d{, before me the undersigned, a Notary
Public for the State of Montana, personally appeared CLARK V. JOHNSON and ROBIN L.
SULlJV 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 herewlto set my hand and affixed my seal on the day and
Y'S,f\f ~s~(l~vf1i'written.
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Notary Public for
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My Commission
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Shell.y Vanae-Gallatln CO MT MISC 30.00
EXH I B I T ' , A"
A 30' WIDE WATER LINE EASEMENT TO THE CITY OF BOZEMAN, BEING IN A PORTION OF TRACT
A-1 OF CERTIFICATE OF SURVEY No. 1827 SITUATED IN THE SE1/4 OF SECTION 26, T.1S., R.5E
P.M.M., GALLATIN COUNTY, MONTANA AND BEING FURTHER DESCRIBED AS FOLLOWS:
Beginning at a point which bears NOO'48'41"E 0 distance of 732.93 feet from the si corner of soid Section 26; thence from said Paint of
Beginning NOO'48'41"E 0 distance of 30.00 feet along the N-S mid-section line of soid Section 26; thence S89'11'19"E 0 distance of
723.32 feet to the westerly right-of-way line of West Valley Center Drive; thence olong said line ond a non-tongent curve to the right
having a rodial bearing of S70'46'22"W and a radius of 183S.83 feet a distance of 2SS.07 feet; thence continuing along said right-of-way
line S09'36'34"E a distance of 148.60 feet and S 08'53'OS" E a distance of 155.77 feet; thence N8S'11'1S"W a distance of 30.43 feet;
thence on a line parallel to ond 30 feet west of sold westerly right-of-way line of West Volley Center Drive N08'S3'09"W a distance of
150.45 feet and N09'36'34"W a distance of 148.00 feet to a non-tangent curve to the left having a radial bearing of S78'49'40"W and a
radius of 180S.83 feet. and alang said curve a distonce of 233.49 feet; thence N89'11'19"W a distance of 702.20 feet to the Point of
Beginning. Said easement being 0.868 acres or 37,825 Sq. Ft.
~
SCALE: 1 "= 200'
LOT 1 OF
MINOR SUBDIVISION No. 221
TRACT A-I
C.OS. No. 1827
CAPE FRANCE ENTERPRISE
I
R=1S39.S3'
NOO.4S'41"E L=259.07'
30.00' tFS.04'04"
702.20' ___ --- ---
---
LOT 4A OF Point of Beginning ___ --R:::1S09 S3'
MINOR SUBDJVlSION No. 221A .....- - . f
BOZEMAN SCHOOL DISTRICT ..... ..-:': '"$~ L=233.49
&t ___ ~'3..s111 6=7.23'30"
W I~ S09.36'34"E
z '" .- - 30' WIDE WATER
<( I.... LINE EASEMENT TO 14S.60'
.....J. CITY OF BOZEMAN
_ !i- -- --
x ~ --.--'-------
0 8 '40"W -- ~
0::: "" "a~"~ -- --
- -- TRACT A-1 N09.36'34"W SOS.53'09"E
C.O.S. No. 1827 14S.00' 155.77'
I~ CAPE FRANCE ENTERPRISE
<.>
,bi NOS.53'09"W _____
~ 150.45'
1 ~ NS9"11'19"W / \
IX
1
~ 30.43'
In
I S1/4 COR SEC 26
,'" FND 1 3/4" I.P.
W/2" BRASS CAP
s. UNf SEe. 26
N. UHf SEe. JS
TRACT E-I
C.O.S. No. 1827
TRACT 1 CAPE FRANCE ENTERPRISE
C. O. S. No. 2050
RONALD DA VIS
OWNERS
CAPE FRANCE ENTERPRISE
EASEMENT AREA
GROSS AREA: 0.868 ACRES or 37,825 Sq. Ft.
JUL Y 28, 2000
99-506-4g.DWG