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Home My WebLink About04- Cooper, Mike; Lot 1, Blk 5, Cattail Crk Sub - Sewer and Water Pipeline & Access Easement , l~~!~~I~~l~!!!I!!!ll~1 ~jll"~j~ mlll~!I~1 g~~6:~~p ~ SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT i Mike Cooper, 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 59715, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water and wastewater_ in, through, and across a strip ofland situated in Gallatin County, Montana, to be located on the following described real property: LOT 1, BLOCK 5 OF THE PLAT OF CATTAIL CREEK SUBDIVISION, PHASE I LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY MONTANA The easement is more particularly described on the attached Exhibit 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 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, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewer and water pipeline(s), it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of 111111111111111111111111111111111111111111 1111111111111 ~~t~1r:~~p -- Shelley Vance-Gallatin Cc MT MISC 30.00 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 boundarics 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 writtcn consent of the GRANTEE, (3) That where the subject improvements are not located under improved public or privatc 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) warrant that they are lawfully seized and possessed of the real property describcd abovc, 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, DA TED this 3 day of XV~~ ,200~ Mike Cooper GRANTOR ~~.~ By STATE OF MONTANA ) ) ss, ) 111111111111111111111111111111111111111111111111111111I ~~t~~r:~~p Shelley Vanoe.Gallat1n Co MT MISC 30,00 County of Gallatin On this ~ day of j U If" <<- , 2 00 --(before me the undersigned, a Notary Public for the State of Montana, personally appeared Mike Cooper, 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 written, \,\1 \I \ Ill" I "'111 (SEAL) ~",~ ~ 0 L S ~IIII//. ~.Lv..", A.~. ;::: "",. ...., ~ ~. ill ~ g .:~OTAR/~i'. l :: ::;: 3 *: SEAL : * ~ :=-., -1 ..:::: .... cJ'l' .-.:::: ~/\. .~~ ~ ..d . . ~~ ~ 11'~ . . . . . r-'-$' ~/IIII OF MO' \,\\~ 11111/ l/Ij~ \11"\\ ~()~ Notary Public for the State of Montana Residing in Bozeman, Montana My Commission Expires /'1. y 7: ZOo? , ACCEPTED: C~B~ by its Act; ng City ~lanager ,.;g.tthe ~mission ,,', "...~.~,,---, ..... " '~ " ..''\ ~'\ StAT~.6iMc:~TANA ) " . ) ss, County of Gallatin ) On this ~ day of -4"'~ _ , 2~, before me, a Notary Public for the State of Montana, Pn~sp.pally appeared RON BREY and ROBIN L. SULLIVAN, known to me to be tn~;Cn~ 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, (SEAL) Notary P lic for th State of Montana Residing at Bozeman, Mttana My Commission Expires: h /7-5" :Z-OOf , ~ 'W. ,.'~ ...<'r . .''j,tiII' ..","; .;.i'\'/........, ...., '. ~ 'It! :_,) .:;;;:' ,". i t- "'\"" ;' ,,' lJ ~.1/., ,..u ;\' "\/",r '!-,.~ ' ... ; . ,......0(' ~ . ~ . ~~'- '-"'-J', ~~.. 'I., ~'_ . r 0 ..' ,;' :"'l," \ ~ \ ~,' 11111111111111111 1111111111111111111111 1111111111111111 ~~~1ft~ Shelley Vance-Gallatin Cc MT MISC 30.00 EXHIBIT PUBLIC WATER AND SEWER EASEMENT LEGAL DESCRIPTION A public water and sewer easement being on a portion of Lot 1, of Block 5, Cattail Creek Subdivision Phase 1, located in the Northwest One- Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian Montano, City of Bozeman, 'Gallatin County, Montano, and being more particularly described as follows: Beginning at a point which bears North 21'55'49" West, 0 distance of 109,35 feet from the Southeast Corner of said Lot 1 said point being an the West Right-of Way of North 27th Avenue; thence Sou th 48'50'57" West, a distance af 32.41 feet; thence South 80'23'04" West, a distance of 65,85 feet; thence North 66'36'20" West, a distance of 64,79 feet; thence North 37"32'15" West, a distance of 133.41 feet; thence South 52.27'45" West, a distance of 13,44 feet; thence North 41'11'22" West, a distance of 18.04 feet; thence North 52'27'45" East, a distance of 43.58 feet; thence South 37"32'15" East, a distance of 143.90 feet; thence South 66'36'20" East, a distance of 48.68 feet; thence North 80.23'04" East, a distance of 49.07 feet; thence North 48'50'57" East, a distance of 26.41 feet to a point on the West Right-of-Way of North 27th Avenue; thence along a 267,50 foot radius curve to the right, along said Right-of-Way through a central angle of 06'13'56" for an arc length of 29,10 feet, with a chord bearing South 36'50'24" East, a distance of 29.08 feet to the Point of Beginning, Said easement being 0.20 acres, along with and subject to any existing easements. EXHIBIT PUBLIC WATER AND SEWER EASEMENT ROhEMAN, MONTANA SHEET 1 of 2 Civil Engineering Land Surveying Geotechnical Engineering Structural Engineering ]2 [)rSCOV~RY DRIVr. BoZEMAN. MT S')1IlS 1'11()NI-:(40/.) ~~7.-m,"l1 FAX (40tl) 5H2.S770 OR..... BY: ~'tVO 0" TE: ~/IJ/O' PROJECT" O' 010 ALLIED ENGINBE:H.1NG '" ~ >.- Z ") ~ Vl ;!, ~ Vl " Z <( CY ~ <( " (j iiJ ::> <L f :0 ~ ~ ~ /' >.- g '" ~ (j s (j " o I .. ~ ~ /' .:; IIIIII~~ I~~ III1I~ ~III~I ~III~ III m~ DIIIII ~:l~~~~~p Shelley Vance-GallatIn Cc MT MISC 30.00 EXHIBIT PUBLIC WATER AND SEWER EASEMENT BEING ON A PORTION OF LOT 1, OF BLOCK 5, CATTAIL CREEK SUBDIVISION PHASE 1 LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA LOT 2 LOT 1 5 Bl_OCi< f- ~ ~ ~\^-{ 0'v'v~ ~\^~ ,,~ ,rx~ ,'}-" i>.4:\ ~~'}- rxX' 4.,(,~. < I v, """ ,? N4""'22"WJ] \ 'S.. 18,04' 1- (' i.i'~ . .j. ~O ill V')7 552'27' 45"W ~;\ C! ~ ~~ 13.44' S-_\(.;:-:- 0- ~ \$<1' <;\ I.f\ )7..... --' -_..\ S YL- ~ ~ 1'> 0'(J(~ ~" ~~, 6' "<,/. '0',......9 .-" ~ 6"~'>""'S'O .. .9 ,"v- 0 ' \(, vo u; . \OQ\_,? 6', 17. ~ 548'50' 5 7"w 32.4" POINT OF BEGINNING 't- ~ -> ' 00' <9 0'. \0' .\'" 0',<90 .z. , pARi< pLJ8L1C FND %" 0' REBAR ~ W /YPC ~ '" I~ ~ v, j '" '" "" '" o ~ :0 "- ~ ~ -:;. l ,/ '3 ~ '" u o JO 60 ~ I SCALE. 1 INCH ~ 60 FEET 90 I ~ i3 o Q ~ o ~ ~ ,/ EXHIBIT PUBLIC WATER AND SEWER EASEMENT BOZEMAN, MONTANA 6/1: ALLIED E:NGINEERlNG Civil Engineering l.and Surveying Geotechnical Engineering St.ructural Engineering SHEET 2 of 2 .n DISCOVERY DklVh UOZEMAN, MT S97Hi l'IIONE(406)5112-ilZ21 I'AX(4()(J}Sl!2-S77() DRAWN By; KwO DA IE. 5/13/04 PROJECT N. 04-010