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Home My WebLink About03- Bozeman Lakes LLC; Tracts 2,3, Blk 1, Valley West Sub - Sewer and Water Pipeline and Access Easement -' _______n..._______ .____ _ - . . I~ IE~ .. I ~IIIIIIIIIIIII~ I~ ~IIIIIIIIIIIIIIIIIIIIII ~:~; ~:18:~,~, "l~ , f . _... 'I I Shelley Vanoe-Gallatin Co I'IT I'IISC 30,00 - .--..-.--."".-..---..-.... .--.-------.--.. . SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Bozeman Lakes. L.L.C., of 2415 E. Camelback. Ste. 900. Phoenix. AZ 85016, 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 sanitary sewer pipelines with the usual services, connections, accessories and appurtenances for the purpose of transmitting sewage in, through, and across a strip of land situated in Gallatin County, Montana, forty (40) feet wide to be located on the following described real property: The easement is more particularly described and shown on the attached Exhibit(s) A & B, 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 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 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, oPt':rating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sanitary 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 1 of 3 .' 111111'11"11111111111111111111111111111111111111111111 ~~~; ~~~F:~;:R ~ L Shelley Vanoe-Gallatin Co I'IT MISe 30.00 . - .-------.------... .-.--- -.-.- . 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 [mished 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) warrant 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 --3 day of , 2002 By: Title: 2 of 3 " . , .' IIIII~ III~ 1111111111111111 ~m ~I mil ~II ml ~~: ~:?:r ~,: Shelley Vanoe-Gallatin Co I'IT I'IISC 30,00 . STATE OF ARIZONA ) u._..o...o..._..o.o ._._'_'0.--_.. ) 55. County of Maricopa ) Pub i the -- IN WITNESS WHEREOF, I havel!,e et my hand and affixed my Notarial Seal the day and year first above written. ' / (SEAL) ,.....,.~_, . "'~~"O~"""'~O'O. ......,~~ : @ ',;';"C'<~" N~tary Public ~e State oUa t('"~ " ., lEAl'll/Em!: A. ESTRADA l"~ ': NOTAHY PUBLIC - ARIZONA ~ , . MAHlCOPA COUNTY Prmted Name \ ~ Y"t'l::: ,.=:>, L~-'~ _ My_S(~~_~:~ 04/25104 Residing ~ P~oenix, ~izona Lt/ zJ;;' ~ My CommIssIon ExpIres . ACCEPTED: , \ i CITY OF BOZEMAN by its C; ty Manager :.. - -., ISSlon ~<' 16 6' ' ''''~ ~ ..,....,^ s;r~. ~N.i51W'tANA ) ',. ) ss. County of Gallatin ) On this ~ day of ,I (1 ~ ' 200l1.3 , before me, a Notary Public for the State of Montana, personally appeared LARK V. JOHNSON 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. ~I.!"W-'U',,,,,. . C}"'/':'.. "-~)~>. %~{I artAtA n~ ' 4'f..... (J"J tfr. "~~" ~ \. . 'I . 0., , "'1': tn:;A ','" C'I Notary Public fo he State f Montana ::oi' :P":;o Printed Namc_rt e J flVl.e,. b (~ n~ =-n. ?::O:/"Tl S. \ . -- :"__: ...~~, .h.:~ Residing at Bozeman, Montana "..--\~ ~~" .~. '~., My Commission Expires: .'3 1']..5 J zoo,/ , ~ "~;r , .... ~ "; lit. fII(.~~ ' ., 14. ~..' ,,,. .... \ ) . '...<j (:> H:\3384\O04\Docs\Sewer\S-w-pipe ease,rtf 3 of 3 .. , , 1111111111111111111111111111111111111111111111111111111 ~~~; ~~~r:~: ~R .- . . Shelley Vanoe-Qallatin Co I'IT I'IISC 30,00 . EXHIBIT 'A' Utility Easement Valley West Subdivision 04/26/02 A utility easement located in Tracts 2 & 3 of Block 1 of Valley West Subdivision, located in the northwest quarter of Section 10, Township 2 South, Range 5 East, City of Bozeman, Gallatin County, Montana, as shown on Exhibit 'B', and being more particularly described as follows: A utility easement being a 40 foot wide strip ofland lying south of the following described line: Commencing at a point on the east right-of-way line of Cottonwood Road, said point bears North 05019'32" East a distance of 814.56 feet, from the west quarter corner of said Section 10, said point also being the True Point of Beginning of said easement; Thence South 890 51 '58" East a distance of332.1 0 feet; Together with a utility easement being a 40 feet wide strip ofIand lying west of the following described line: . Thence South 00008 '02" West a distance of 556.22 feet, to the north line of future Valley West Subdivision Phase lA; The sidelines of said easement being adjusted in length, as required, so as to begin on said cast right-of-way line of Cottonwood Road, and end on said north line of future Valley West Subdivision Phase lA. Containing 0.78 acres more or less. . H:\3384\004\docs\EXHIBIT -A. doc 04/25/02 1 '" . ~ ,",.'" , . EXHIBIT 'B' A UTILITY EASEMENT LOCATED IN TRACTS 2 & 3 OF BLOCK 1 OF VALLEY WEST SUBDIVISION, LOCATED IN THE NW1 /4 OF SECTION 1 a, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, MONTANA S.4 S.3 9~ P.D.B. S. v~""S.1 0 40' UTILITY EASEMENT 589'51'58"E 332.10' -.. I EASEMENT CONTAINS \ I I 0.78 ACRES I I ~cr2 I ~ITI I V ALLEY WEST I SUBDIVISION ;: ~ I 40' UTILITY EASEMENT .11) I1)lv w p . : 'I N to 0 Nt N ~ OI~.1"') ~ Y:) -.::r: ;.... N O"ll . L() o 0 ......'<t" L() ~ ~I ~~ ~ ~ 21 ~ o 0 ~ I I ? ~ I I ~ 8 I t TRACT 3 BLOCK 1 V ALLEY WEST + I SUBDIVISION I I I I J II --1 -- . "'l'J -- FUTURE II SS.7"S9~ ~ VALLEY WEST __ ~9.2 SUBDIVISION + ~. 10 PHASE 1 A S.96 J:hMORRISON E VALLEY WEST GRAPHIC SCALE [:dJ~~~c.:: EXHIBIT 'B' 100 0 50 100 PO... 1111 '''' "", _lIT, ,,,,,..... ("') '''-<7.11 '~(4IlO) 01'-111' UTILITY EASEMENT ~ I I CLIENT: (IN FEET) FE D OR. D TE. 04/25/02 PLOTTED DATE: Apr/26/2002 - 09:50,55 am I L W K. A . _. DRAWING NAME: 1 inch = 100 fl. DRAWN BY: KMS/MCW SCALE: 1 3100 H,\JJ8<\aO<\ACADV'ons\E.h;b;,.\IIWEST-EAsE,dwg CHECKED BY: PROJ #:3384 004 SHEET ----L.. OF .....--L- 111111I1111111111111111111111111111111111I11111111I1111 ~1 ~ 7 ~_16