HomeMy WebLinkAbout04- Duct Tape LLC; Lot 62, Final Plat of Babcock Meadows Sub, Donna Ave - Water and Sewer Pipeline & Access Easement
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SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Ralph Beltrone of Duct Tape L,L,C,
, the GRANTOR(S),
in consideration of
One Dollar ($1,00)
and other good and valuable
consideration, receipt of which is acknowledged, grant(s) to
City of Bozeman
GRANTEE, its successors and assigns, a perpetual easement to lay, construct and
maintain
and
pipelines with the usual
water
sewer
services, valves, connections, accessories and appurtenances for the purpose of
transmitting
sewer and water service
in, through, and across a
strip of land situated in Gallatin County, Montana,
twenty to thirty
( 20'-30' ) feet wide to be located on the following described real property:
Lot 62 of the Final Plat of Babcock Meadows Subdivision, Phase 2b
The easement is more particularly described on the attached Exhibit(s)
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
3nd 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, operating, patrolling, repairing,
substituting, removing, enlarging, replacing, and maintaining of said
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.
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Shelley Vance-Gallatin Cc MT MISC 24,00
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(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 25 day of Ifp,;!../ L- , 2~ ~
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CORPORATE
STATE OF MONTANA
County of CAD~
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Shelley Vanoe-Callatin Co ~T ~lSC 24,00
On this ~ day of' , 2-'ooy:', before me the undersigned,
a Notary Public for the State of Montana, personally appeared, J?nJpJtl Belfront.- ,
known to me to be the Partner of _J2MCt TlyJe, L~
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
Putt Tape) L~
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal th~ dayand year first above written.
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, ~~ary, Puhlic for th tate of Montana
. /'ffl'tvletBrou g him
(Printed Name).
Residing in _JifX1J.dt C1U.J1'f1, Great Falb, MT
My Commission Expires I~ / ()If /20 ()7
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CITY OF BOZE
by its Act; no City Manager
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STATE OF MONTANA)
) ss,
County of Gallatin )
On this 10th day of May , 2 004 , before me, a Notary
Public for the State of Montana, personally ~p.Plenwed .__ Ron Brey and
ROBIN L. SULLIVAN, known to me to be th87CltY'Manager and Clerk of the City
Commission for the City of Bozeman and the persons whose names are subscribed to
th(:l 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 apd year first above written.
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DESCRIPTION:
EXHIBIT A
SEWER AND WATER EASEMENT
LOT 62 OF THE FINAL PLAT OF BABCOCK MEADOWS SUBDIVISION, PHASE 28
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH,
RANGE 5 EAST, P,M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
R=545,00'
L=.30.00'
"'=3'09' 15"
CB=529'27' 1 7"E
CH=.30.00'
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I I I I I I I
S C ALE
150'
I
BEARING BASIS: WEST LINE OF LOT 62
AS PER RECORD,
R=545,OO'
L=112,21'
"'=11'47'49"
CB=556'11 '31"E
CH=112,02'
PARK
LINE
L1
L2
L3
L4
L5
L6
L7
La
L9
L10
OF BEGINNING
LINE TABLE
BEARING
521'41'51"W
500'OO'00"W
N90'OO'00"W
NOO'OO'OO"E
N41'56'02''W
NOO'53' 43"E
541'56'02"E
N60'32' 43"E
560'32'43''W
N36'14'58"E
DISTANCE
22.45'
22,37'
30.00'
22,37'
37,87'
51,57'
69_34'
9.09'
5.85'
20,60'
A permanent sewer and water easement located in Lot 62 of the Final Plat of Babcock Meadows Subdivision, Phase 28, said
easement being located in the Southwest Quarter of Section 11, Township 2 South, Range 5 East, P,M,M., City of Bozeman, Gallatin
County, Montana, and being more particularly described as follows:
S89.22'S4"W
TRACT 1
333.43'
C,OS 467A
Beginning at the northeast property corner of said Lot 62, thence South 21'41 '51" West, along the east line of Lot 62, a distance of
22.45 feet; thence South 36'14'58" West, a distance of 99.46 feet; thence North 90'00'00" West, a distance of 136,64 feet; thence
South 00'00'00" West, a distance of 22,37 feet; thence North 90'00'00" West, a distance of 30.00 feet; thence North 00'00'00" East,
a distance of 22,37 feet; thence North 90'00'00" West, a distance of 149,87 feet; thence North 00'01' 15" East, a distonce of 181.73
feet; thence North 41'56'02" West, a distance of 37.87 feet to a point on the west line of said Lot 62; thence North 00'53'43" East.
a distance of 51.57 feet along said west line; thence South 41'56'02" East, a distance of 69,34 feet; thence North 48'14'57" East, a
distance of 170.45 feet; thence North 60'32'43" East, a distance of 9.09 feet to a paint on the southeasterly right-of-way line of
Donna Avenue, said point being a point of curvature of a non~tangent curve to the left, having: a radius of 545.00 feet, a central
angle of 3"09'15", a chord bearing of South 29'27'17" East, and a chard length of 30,00 feet; thence along the arc of said curve,
an arc length of 30.00 feet; thence South 60'32'43" West, a distance of 5.85 feet; thence South 48'14'57" West, a distance of
183.05 feet; thence South 00'01'15" West, a distance of 146.96 feet; thence North 90'00'00" East, a distance of 271.30 feet; thence
North 36'14'58" East, a distance of 79.80 feet; thence North 53"12'55" West, a distance of 87.56 feet; thence North 36'14'58" East,
a distance of 20.60 feet to 0 point on said right-of~way line, said point being a paint of curvature of a non-tangent curve to the
left, having: a radius of 545.00 feet, a central angle of 11'47'49", a chard bearing of South 56'11 '31" East, and a chord length of
112.02 feet; thence along the arc of soid curve, an arc length of 112,21 feet to the Point of Beginning,
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The described eosement contains 0.629 acres, more or less,
BABCOCK MEADOWS
BOZEMAN, MONTANA
TD&~
THOMAS, DEAN & HOSKINS, INe.
ENGINEERING CONSULTANTS
~S6"'MALLS-BOZEt.tAN-KAUSPEl.L-HELENA WAS"'H~~~
lEWlSTON 10AI10
EXHIBIT A
SEWER AND WATER EASEMENT
OAAWN BY: I!WB
DI!SIGNED BY:
QUALITY CHI:t;t<: '/1tr
DATE: 4130/04
Joe NO. B03-0211
CAD NO, 321UUIEaM .DWO
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Shellev Vanoe-Gallatin Co MT MISC
2156831
Palle: 4 of 4
07/1812004 11 :40R
24,00
SHEET 1