The URL can be used to link to this page

Home My WebLink About00- Cape France Ent. & Columbia Pacific Mgmt. Inc.; Tr D, COS 1240-F - Sewer Pipeline & Access Easement SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Cape-France Enterprises and Columbia Pacific Management, Inc., the GRANTOR(S), ill consideration of One Dollar ($1.00) and other goods and valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, a municipal corporation ofthe State of Montana, 411 East Main, Bozeman, MT 59771-0640, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sewer pipeline with the usual services, connections, accessories and appurtenances for the purpose of transmitting sewage in, through, and across a parcel ofland situated in Gallatin County, Montana, to be located on the following described real property: A tract of land located in Section 2, Township 2 South, Range 5 East, City of Bozeman 3 mile Jurisdictional Limits, Gallatin County, Montana. The centerline being more particularly described in 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 otherwise by a route causing the least damage and inconvenience to the GRANTOR(S) in order to survey and establish the route and location ofthe 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 tree 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 THAT: (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water pipeline, it will repair or replace, at its sole expense, or pay to the 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 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. (3) Tolay, 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 THAT: (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 ofthe 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 ofthe 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. (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 7' dayof d&a....L STATE OF MONTANA ). :ss GALLA TIN COUNTY ) This instrument was acknowledged before me on this 1999, bY'XA~'1 t. ('~o , as Prt{)l~t ", .// ,\'.'f\r. LEE III; ........ <,-,'....,.";-,, ",r::...:-.. .'.I..<1~ ~ 'i;"" ',)-9 " ~ c:.;:',,~O T A;~/., ", ,.A ~ .:: ,\'" /1 t. ". ::; ::: --~. -~--- .~= - " . , - :;. ~I) " Sj~t\ I : * :: :;.. ~rt".'" ,,1J_.',~ .~.,-' .,' ..~.:: .-;..~)'.... .~ ~,~,\.~ "1',.> <$' 0;; "0'" ~\'\ ~>" 1// M ,,\ "111111\\\\ -th 9 day of ::D:2.ctzmbfll\-- , of Cr~ - F(aN'I~ ~(/&JJ,J " ~'k~ NARY PUBLIC FOR E STATE OF MONTANA Residing a~UI1'ltU1.- My Comm' IOn expires 'J1;1.(;fA%,,W3 DATED this ,# day of ~C..Q..N.~..r '1~ tJJ ff.7 II r.)0(9 TZJ I') STATE OF MOUT:~nA- ) j/JI,v6r :ss G:U..L' TIN COUNTY ) .:lonf) This instrument was acknowled~ed before m~ on this y'"t!1 day of JUr} UQe.,/, , ~by ~,as VILC-Pr'C5IdCr1+ of CollAfYlbJGf ~C1f;L rYfJrnh GRANTOR """"\ ...... HU \, _---:\~ N1"k;'I' _- "'"~ ,"""""" ~ I, .. J...""fi' ~' , ~..... ", I .. r" ,.'" ~'<bL ~ I ~ ; ~~ ~ ~ .; ;. ~....--. ~ JI , -; - u" , , ~ 11 ....- :: .. , , \\., - 6 .. I 'J I~':.# , '".."A'" ~.-... ... , dl.. "" '-0;00 .~~ "'"- "_~ 'h., \\,'1..,........ .:- "1\ I'to,."t-: ,.--- ACCEPTED: \\\\\\\"....-.... ~ tHwttzr NOTA Y PUBLIC FOR THE STATE OF ]\M""" I .'\ IOJ ~ tJ Residing at :j eClttl c... lAY 1?.5I1I Nta 7lJ My Commission expires ~ 03 CITY OF BOZEMAN By its ATTEST: Clerk of County Commission STATE OF MONTANA ) :ss GALLATIN COUNTY ) On this day of , 1999, before me, a Notary Public for the State of Montana, personally appeared Clark V, Johnson and Robin L. Sullivan, known to me to be the City Manger and Clerk of County Commission for the City of Bozeman and the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same, In witness whereof, I have hereunto set my hand and affixed my seal on the day and year first written above, SEAL NOTARY PUBLIC FOR THE STATE OF MONTANA Residing at My Commission expires EXHIBIT "A" A portion of Tract "D" of Certificate of Survey No, 1240-F, located in the northeast one-quarter of Section 2, Township 2 South, Range 5 East, P.M,M" City of Bozeman, Gallatin County, Montana, described as follows: PARCEL 1 A 30,00 foot wide and a 15,00 foot wide sewer pipeline and access easement, the boundary of which is more particularly described as follows: Commencing at the East one-quarter comer of said Section 2, Thence North 01031 '29" East, a distance of 553,64 feet along the East section line of said Section 2; Thence, 81,30 feet due West to a point on the west Right-of-Way line of North 19th Avenue, which is the true Point of Beginning and the east boundary Parcel 1. The following six (6) courses provide a boundary for both the 30 foot wide and the 15 foot wide sewer pipeline and access easement: (1) Thence North 90000'00" West, a distance of 324.39 feet, to the east easement line of Stoneridge Drive; (2) Thence North 01043'28" East, a distance of 30,01 feet along the east easement line of Stoneridge Drive; (3) Thence North 90000'00" East, a distance of309,38 feet, to the west boundary ofthe 15,00 foot wide sewer pipeline and access easement; (4) Thence North 01043'28" East, a distance of 104,54 feet; (5) Thence South 89051 '29" East, a distance of 15,01 feet, to the west Right-of-Way line of North 19th Avenue' , (6) Thence South 01043'28" West, a distance of 134.52 feet, to the Point of Beginning of Parcel I, Said easement contains 11,299 square feet, more or less, PARCEL 2 A 30,00 foot wide sewer pipeline and access easement, the centerline of which is more particularly described as follows: Commencing at the East one-quarter corner of said Section 2, Thence North 500 13'19" West, a distance of 48,16 feet to the intersection of the centerline of North 19th Avenue and the centerline of West Oak Street: The following three (3) courses along said centerline of West Oak Street, (1) Thence South 89034'43" West, a distance of 197.18 feet to a point of curvature to the left; (2) Thence along a tangent curve to the left, having a radius of 1000,00 feet, an arc length of 110,62 feet, and a central angle of 06020'17" to a point oftangency; (3) Thence South 83014'26" West, a distance of74,23 feet to the centerline of Stone ridge Drive; Thence along said centerline of Stoneridge Drive, North 06045'34" West a distance of32,50 feet, to the northerly right-of-way line of West Oak Street; The following three (3) courses along said centerline of Stoneridge Drive, (1) Thence North 06045'34" West, a distance of 184,79 feet, to a point of curvature to the right; (2) Thence along a tangent curve to the right, having a radius of 150,00 feet, an arc length of 22,21 feet, and a central angle of 08029'02" to a point of tangency; (3) Thence North 01043'28" East, a distance of 36,24 feet; Thence, leaving said centerline of future Stone Ridge Drive, South 89059'37" West, a distance of 30.01 feet, to the true Point of Beginning and the east boundary of Parcel 2, From the Point of Beginning for Parcel 2, South 89059'3 7" West a distance of 314.09 feet, said point being the end of the said easement. Parcel 2 easement boundary extends 15 feet on both sides of the centerline, Said easement contains 9,723 square feet, more or less, H:\1754\042\DOCS\Easemcnt\SwrEasc,wpd EXHIBIT "B " Sewer Pipeline and Access Easement Across a portion of Tract D, C.O.S, #1240-F, Located in the Northeast one-quarter of Section 2, T2S, R5E, P.M,M. GRAPHIC SCALE 100 ~oo 200 ~"'\. I ( IN FEET ) 1 inch = 200 ft. \ \ \ \ \ \ \ \ \\'\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ PARC~ 2 \ \ \ \ \ \ \ 1754\042\ac:~..t\SS-_,<1"9 400 I R-278.03' L-143,92' <10029'39'34" R-300.00' L-16S.64' 60031 "38'OS" N 01'43'28" E 30,01' P,O.B, PARCEL 2 EN GI N EER MORRISON MAIERLE, INC. P.O,BOX 1113 BOZEMAN, MT 59771 \ I I I llLoOl J T ,oNGI:'S ,.ofJInOH BASIS OF BEARING EAST LINE OF SEC, 1, N 01'31'29" E AS SHOWN ON CIS No. 1215B N 90'00'00. W 81.30' wi ::=.0 '< :S 5! ~~~!'D' , :z II L_~______________________ 589"34'43" 197.18' r- R-l000.00' /,.._ L-l10.62' I "-6"20"7. / I / I I I / I I I / I I I ~---_../ / ( ~-, I ::\ I i I WEST OAK STREET ----~-----~----~-----~- \ I I I I I POINT OF COMMENCEMENT DO MORRISON cSa MAIERLE ,INC.