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HomeMy WebLinkAbout04- Duct Tape LLC; Lot 62, Final Plat of Babcock Meadows Sub, Donna Ave - Water and Sewer Pipeline & Access Easement 'l~ ~ ~} It.: ~i l~~!~~I~~!l~!~IH!lIIJlI~'I~!j~ IIIII~!I~I ~;~&8:~~, 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. , " 't'- .. .. t) ~ 1111111 1111 11111 IIUII III 111111111111 111111111111111 ~:t~~ri~~, Shelley Vance-Gallatin Cc MT MISC 24,00 -...-. (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~ ~ 7~? /7-- G~~ 0 I/cK /'/if(1 u..c 2 "," .; .. _I.. f: ~', CORPORATE STATE OF MONTANA County of CAD~ ) ) ss, ) 111111111111111111111111111111111111111111111111111111 ~:t~~r:~~, 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. . llli'if~. ~,'.. 'lw.. " ~'\'qJ,,;':i l'.1,.~!.i sill. ... >~~ . 20: ;~;' ~ . ~,~ .~ , ~~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 L~ CITY OF BOZE by its Act; no City Manager ~. t 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. ;11 : .3 ~;. , - TRACT 6 6 i/J s:- ~ V) --.) o::,! :r: U TRACT 5 CD s: w. '" ro E ~ CD I o f- :E <( co '<t c<i '<t o .- 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' 'in N r....: co ~ i o 50' 100' 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, 2; o N 25 C') q: en ::: -a ai I/) ro ~ :5 <0 N C') S- Q) i:: ~ !fJ. <0 N o ~ o iB C') o o S)l c.; 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 111111111111111111111111111111111111111111111111111111I Shellev Vanoe-Gallatin Co MT MISC 2156831 Palle: 4 of 4 07/1812004 11 :40R 24,00 SHEET 1