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Home My WebLink About04- Cowdrey, Tracy; 20 & 30 Shawnee Way - Water and Sewer Pipeline & Access Easement " ~ a: ..,. ~ Cot) ~ mlD- -..,. Cot)og ,.... - ~ "<'I .... . N 1II.... N_N Il._ iiiiiiiiii Ell !!!!!!!!!!!!!!! Ell = iiiiiiiiii iiiiiiiiii - =0 -<I) _E =1- _E iiiiiiiiii 0 !!!!!!!!!!!!!!! 0 iiiiiiiiii I: -... -.. -- =..... _... -. =0 !!!!!!!!!!!!!!! ~ _0 =1: ~~ iiiiiiiiii ,. -. =... iiiiiiiiii .. ~L: _<I) SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Tracy Cowdrey, the GRANTOR(S), in consideration of $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 E. Main, Bozeman, MT 59715, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain water and sewer 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, of variable width from 30-feet to 45-feet, to be located on the following described real property: Lot 4 of Minor Subdivision No. 41 and Lot 3A-1 of Amended Plat Minor Subdivision 41C, SW % of Section 9 and the NW % of Section 16, T2S, R6E, P,M.M" City of Bozeman, Gallatin County, Montana, The easement is more particularly described on the attached Exhibits A and B, 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 othelWise 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 othelWise 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, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water and sewer 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 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: (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 written 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 GRANTOR(S) warrants 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, (5) 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 --1-- day of GRANTOR , Mdl' ~t. e:L\swpipe,eas I11111111111111111111111111111111111111111111111111111I ~~t3~r~~~A Snelley Vanoe-Gallatln Co MT MISC 30.00 STATE OF MONTANA ) ) ss. County of Gallatin ) On this ~ day of ~ ;2iJ;lJ.-' before me the undersigned, a Notary Public for the State of Montana, personally appeare ,Tracy Cowdrey, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. 1~"wtlf1H~~ WHEREOF, I have hereunto set my hand and affixed my Notarial Seal ,}\\\ :\\ C 4& *~ the.qs~X~f.,~&ve written, f ,'~ '1< ". "'\ "',' . * 2 : ~ I , {($EAL 1 ~ :=. . . :: 3. ... : -- ~ -. .t \ .... ....~~l ~ 21,;;:.,...,":<t~-,ff' ~ '''''cOFM\)\'fl'' ~ '11"'1(" ~,,~ "'"'' ""III' ana (2..\ S \ "- (Printed Name) ~_ / Residing at ,'ON My Commission Expires 0 (~~ CITY OF BOZEMAN by its Ci ty Manager ACCEPTED: ..' ~ G ,art~:tJ'i&, , ~ G~'.nission "~"" ""f "~"I" ""''':-.i'r,.l \~ \.1 "...Jtlop'.:...;~ ',' . ~~h..__ '. v STAT~~ M@N1ANA ) " ) ss, County of Gallatin ) On this ~ otn day of ili U1\( h0v ~ , before me, a Notary Public for the State of M~ personally appeared CHRIS Kt~KI and ROBIN L. SULLIVAN, 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 seal on the day and year first above written, e:\..,\swpipe,eas \\ \\\11111" II III/ ~,\\ GIll/, ,~..... .... C . 0('\ ~ ~ '" _r . . . . . It,)-.n -::.: SA..'" . ..,~;.;. ;::j ~-. . ''''~ ~ ~ ci.:~O"AF.iIA{".<;'% ~*: SEAL =*E ::::. - ~ '" . III :: ~cP. .~~ ~:;>to. '~$: ~ .., . 'W s: ~ ~...., -^" ~ ~/IIII OF MO~\~,,~ 11'1/'" Ill' ,,\\\\\ 1111111 111111111111111 III IIIUII 1111111111111111111111 ~~,?~r:~~ Shelley Vanoe-Gallatin Co ~T ~ISC 30,00 ___ n_... EXHIBIT "A" LEGAL DESCRIPTION FOR UTILITY EASEMENTS A variable width strip ofland located in Lot 4 of Minor Subdivision No, 41 and Lot 3A-I of Amended Plat Minor Subdivision 41 C, situated in the Southwest 14 of Section 9 and the Northwest 14 of Section 16, Township 2 South, Range 6 East, P,M,M" City of Bozeman, Gallatin County, Montana, whose centerline is more particularly described as follows: Easement I Beginning at a point on the 10 foot utility easement line around the cul-de-sac as shown on Minor Subdivision No, 41 plat which bears South 22043 '28" East, 48,93 feet, from the Southwest comer of Lot 5 of said Minor Subdivision No, 41; thence along the centerline of a thirty foot (30') strip, 15 feet on each side when measured at right angles, South 67059'04" East, 84.17 feet; thence along the centerline of a forty foot (40') strip, 20 feet on each side when measured at right angles, South 00009'45" East, 381.18 feet; thence along the centerline of a forty-five foot (45') strip, 22,50 feet on each side when measured at right angles, North 69007'48" West, 283.88 feet; thence along the centerline of a thirty foot (30') strip, 15 feet on each side when measured at right angles, North 00029'04" West, 61.76 feet; thence along the centerline of a thirty foot (30') strip, 15 feet on each side when measured at right angles, North 45029'04" West, 78.86 feet, to a point on the easterly line of an existing 30 foot utility easement between Lot 2 of said Minor Subdivision No. 41 C and Lot 3A-I of Minor Subdivision No. 41 C, as shown on the Minor Subdivision No, 41 C plat, said point bears South 43003' 46" West, 328,05 feet from said Southwest comer of Lot 5 of Minor Subdivision No, 41, The sidelines of the described strip are to be lengthened or shortened to intersect with previous or subsequent course sidelines, Easement 2 Beginning at a point on the 10 foot utility easement line around the cul-de-sac as shown on Minor Subdivision No, 41 plat which bears South 21017' 49" West, 96.36 feet from the Southwest comer of Lot 5 of Minor Subdivision No. 41; thence along the centerline of a thirty foot (30') strip, 15 feet on each side when measured at right angles, South 00007'08" West, 156,58 feet; thence along the centerline of a thirty foot (30') strip, 15 feet on each side when measured at right angles, South 73015'32" East, 117.83 feet, to a point on the westerly line of the above described easement, said point bears South 15027'27" East, 290,82 feet from said Southwest comer of Lot 5 of Minor Subdivision No, 41, The sidelines of the described strip are to be lengthened or shortened to intersect with previous or subsequent course sidelines, Said easements contain 0,987 acres, more or less, and are subject to any other existing easements, either of record or implied, See attachment 'Exhibit "B", \ Imll 11111 \1111 I~III III 1\111\1 1~1I1 1\\111\\ 1\1\ 1111 ~~;~~~~~~ $nall.Y Vanoa-CallaUn Co I'IT 1'115C_ 30.00 _ ' ' r-,-. 1 - ......- I --...... I I 1""",___ , ~ : I' ~;! I t'Il~> ~[Jl~ ~ ' I I L "'~I 100 0 :I~ og", It" I I I '"', l ...., , L I" '"",..... .....~1i7. " / "'_ "':$'2:o.....c........ , af.JJI''::!! ~, -.....:~ .......... ,,, '=> H.Lt:lON ~ q r-, _ '" '" ~I .... ~- ~I rJl, ~-t"' 010 ....~ <:'"' ....' rJl ~I r s:j '" ------- -----.~ ----......... "----' -------~ li1GliW'''_____. ------. A, Y 10 PR---, --- ONT -----. A.. GS RO -----. A..D tl] 1111111111111111111111111111111111111111111111111111111 ~~t~~r~~~A =Ez~~~~g~~ ~ 1)l::<'=E~())"'''''';1> 1ll "'-ICl"t!lg~ ~ .. r:I:",_< < Z Ort;1>Zm > Cl ~ Z > ~.., '" 'I 9:::1 > a ;1> ~ 88 a ~ ~ ~ :: ~ ~ ~ ~ c;"J t:1.., I:) ~1;; Gi ~ ~ ,- R ~ fl ..,.00 m ~ " --:;:iI 0 m m --i '" ~ o :is ;;i 51 iii I:) m -< .." ~ :;:: S~.llo1 Vonoo-G.1l0l1n eo MT Mise 30,00 '--... --- , , --i--... -.... ...... ' - -.... ---'$~~ " , (- ~,'IJ':Jr -.... -...... 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SHANA.tlAN A,!.^' 1~5ouTHnACY ~ $Vl'I'1!.j) HDzIlMAN, M't ~m.1 <11)6 $M-1~~ :KERlN " ASsoctA.1'ms, P.C, ~~;5~~:::..~:.~~t~=~ ~~..~~_..".,,~..... >mm:E ('"J >< > > g == ~ tri "'~ :;::;:0 ~.., m> >ozz gJ;:o ~ a :;:: '" 7' gJ m~ m~ ~m ;:0 1<<>;:0 ~~ ~:E ~~ ~~ i; m r Z m I<<> / (")~3:t"' O~ Z 0 ~~ 0 :: ~O ~ 0 -<"f1rJl>1'j ~rJl~3: O~ ~.... ~= ~ ~ >0 ~:::c ~~""rJl >,..Ol':": OI~= ~;!:S N (") <:' ,~~ .... ';'" .... rJl " l .... :::cOO o,(")~ M>~ J>-lO '" M . ~O;!: ~Z> J ~ ~ (")=0 ~Mt"' .....rJlO "'~~ o t..l >1'j~> =O~ 0>1'j0 NrJl>1'j M~> ~(")s:: ~=/'!l ~ 0 ~ C'l~0 >I.ClM t"'> ~ t"'~'" ~~~ Z;~ M TBS D RlK 8JS 12-'-04 11-21-2003