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Home My WebLink About03- Baxter Meadows Development LP; Tract 2, COS 2202A Baxter Meadows Sub - Sewer and Water Pipeline and Access Easement .." ~._.. ....- . 1111111111111111111111111111111111111111111111111111111 ~~t ~~~F:~; ~R ... I hATj~~ I Shelley Va_Gallatin Co I'IT I'IISC 30.00 -- .-----..-----.---.. SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Baxter Meadows Development, L.P., which acquired title as W.B.C., L.P., a Montana Limited Partnership, of P.O. Box 11060, Bozeman, MT 59771, the GRANTOR, in consideration of $1.00 and other good and valuable consideration, receipt of which is acknowledged, grants to the City of Bozeman, 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 in, through, and across a strip of land situated in Gallatin County, Montana, thirty (30) feet wide to be located on the following described real property as more particularly depicted and described on the attached Exhibits A and 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 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 pipeline, it will repair or replace, at its sole expense, or pay to GRANTOR 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 Sewer and Water Pipeline and Access Easement and Agreement. Page 1 H :\96037\001 \SK5337.w PO ~ ~ IIII~ 11111 m~II I~ IIII~I 11111 11111111 1111101 ~; ~:18:~,~, Shelley Vanoe~Gall.tin Co I'IT I'IISC 30.00 ...n 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 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 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. 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 /~ day of July, 2003. BAM~EVELOPMENT' L.P. By: . Gerald R. Williams, General Partner STATE OF MONTANA ) ) 55. County of Gallatin ) On this / 5~day of h ' 2003, before me the undersigned, a Sewer and Water Pipeline and Access Easement and Agreement - Page 2 H :\96037\001 \SK5337.W PO . .' 1111111111111111111111111111111111111111111111111111111 ~~~; ~~r:~: ~R Shelley Vanoe-Gallatin Co I'IT I'IISC 30.00 ---..-.---- Notary Public for the State of Montana, personally appeared, Gerald R. Williams, known to me to be the General Partner of Baxter Meadows Development, L.P. 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 Baxter Meadows Development, L.P. ,....."'['Y't1'T-N,ESS WHEREOF, I have hereunto set my hand and affixed my Notarial 7~~~~,~GQ~~~~ar first above written. / l~t::s'1AJlJ4/\ ~ ~ . 'SM: ; . . ... ~ .2 I\. .. ~/' . .' "'" ., ~~h"e~nmna (Printed Name) L,_~ Ii:. r Yo c....n ~\ Y"\ Residing at B{)~~ My Commission Expires "i( /d-O /200,3 Notary Public for the State of Montana (Printed Name) Residing in My Commission Expires / /20 - ACCEP;r~~"::"'" ,-- j \ 1,., ~}.~,--..,.~,(~ -- " ,.' " '-;",>r<,I:\ CITY OF BOZEMAN I · ri\\ ' \~\ by its Ci ty Manaqer \ ,) . .' ..\ . ) --.;-.-... ~~ :;.:~- . :: -- ......~ . ~mission IN CO.11, STATE OF MONTANA ) ) ss. County of Gallatin fh. ) On this ~g day of ,2003, before me, a Notary Public for the State of Montana, personally a peared CLARK 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. (SEAL) WM-L ~cZA-u~ _ Notary Public for the tate of J:t~na ----1d-:01 Q V7.P" f:J ( LYU'V78;.f!-"r (Printed Name) Residfn~L~! Bozeman, Montana My G@1ml~sion Expires: 3./ ZD /20 01 <{". ~" / , J .. ,~'-.... ' G -:, \ ~ ",\\) I~, i..J, , " ,.... \~ ,,\ , 0'" '," ,.., .'L.J..; ;., ....J S~er.<j.!1d Wa"ter ~peline and Acc~s, 5~sa~t'and Agreement - Page 3 H :\96037\001 \SK5337. WPO ----...-.......".-.-----. ---.- ~----.:::.~ :l i i EAST-WEST~ EAST 1/4 CORNER I MIDSECTION LINE SECTION 34 FND BRASS CAP & ! b PIPE (BENT) I ~~_~_~_~_______ \/ ___~_ _~~__ G - - "~".;;-",,- ' , 0 E ADM AN'S G U L C H ""''';h'7'': " ~,' '.t'>'~~"iJ" . "~!'<":: _ __ t::.. _ _ ~ ~ - ~ - 9T - ------=. ~ sBrze 06 4. , .. 1 Fn r i - - - - - - - - N89'5f'3~ .' , I I 30.00' a 3: I I 00 I : : n m" lJL ro , " : (D ~fI~. ~--=-=- ~ ~ " ". ---= ~ - ~ \ []' ~._~-- . j.. ........i> , ,'L ii ',; --~ '\ , t .'. ,'.. ....., ". . \ III..........:';:",.:",. , ;3 ~' ~: t' ... 1~~~ ~ . . I I ~o 8 - - r Z I I ,I " U'b.1i hlli' inl ~'r , II -I I! I' I, : :,1 W1W ~ I I I I I EXHIBIT A UTILITY CORRIDOR EASEMENT BEING ON A PORTlON OF TRACT 2 OF CERTlFICA TE OF SURVEY 300 0 300 NO. 2202A, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34. TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA. ....---- I GALLATIN COUNTY, MONTANA. (SCALE IN FEET) SHEET TlTLE PROJECT TlTLE . EXHIBIT A BAXTER MEADOWS FIGURE 1 "" UTILITY CORRIDOR SUBDIVISION DA TE: JUNE 2003 EASEMENT TRAKKER BUILDING BM03Eosement1.dwg 11111111111111111111111111111111111111111111111 ~~~; ~~~?~~: ~R IhIl1.v Vance-Gallatin Co MT MISC 30,00 . III~ 1111 ml~lllllllllllllllIlll~ 11111111 ~;~Jf ~~, . .. Shelley Vanoe-Gallatin Co I'IT I'IISC 30.00 EXHIBIT B SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Legal Description - 30' Utility Corridor Easement Associated with the Trakker Building, Major Site Development, In the City of Bozeman, Montana See attached Exhibit A Situated in the southeast ~ of Section 34, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana, and being more particularly described as follows: Commencing at the East ~ corner of Section 34; thence South 87026'06" West, 1063.64 feet; thence South 0000'00" West, 67.00 feet; thence South 89051 '36" West, 67.60 feet to the Point of Beginning; thence South 00018'03" East, 797.75 feet; thence South 89041 '57" West, 255.52 feet; thence South 14023' 51 " West, 974.48 feet; thence South 00017'38" West, 122.97 feet; thence South 00018'03" East, 328.08 feet; thence North 89041 '57" East, 389.31 feet; thence North 00018'03" West, 257.13 feet; thence North 89041 '57" East, 30.00 feet; thence South 00018'03" East, 257.13 feet; thence North 89041 '57" East, 54.78 feet; thence South 00018'03" East, 30.00 feet; thence South 89041 '57" West, 54.78 feet; thence South 00018'03" East, 271.87 feet; thence South 89041 '57" West, 30.00 feet; thence North 00018'03" West, 271.87 feet; thence South 89041 '57" West, 389.31 feet; thence South 00018'03" East, 271.87 feet; thence South 89041 '57" West, 30.00 feet; thence North 00018'03" West, 630.10 feet; thence North 00017'38" East, 126.83 feet; thence North 14023 '51" East, 1001.34 feet; thence North 89041 '57" East, 248.66 feet; thence North 00018'03" West, 767.83 feet; thence North 89051 '36" East, 30.00 feet to the Point of Beginning containing 2.604 acres ofland. Revised 7/7103 H; \96037\00 1 \SKS338. WPO