Loading...
HomeMy WebLinkAbout08-Meadow Creek Sewer and Water Pipeline Access Easement and agreement City Of Bozeman, City CCerk's Office (P O. Boat 1230 Bozeman, Montana 59771-1230 t4 � m moo 0 N IN/� W ti LL O ~ SEWER AND WATER PIPELINE ACCESS EASEMENT AND AGREEMENT N m U F Meadow Creek Partners LLC, the GRANTOR(S), in consideration of One Dollar 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 ro maintain 1053 if (sewer) and 1083 if (water) pipelines with the usual services, valves, y connections, accessories and appurtenances for the purpose of transmitting sewer and water in, through, and across a strip of land situated in Gallatin County, Montana, which is located on the om following described property: C' M U Lot 1 & 2 of Block 2 of Meadow Creek Subdivision, Phase 1, situated in Section 23, Township 2 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County Montana. The easement as shown on the attached Exhibit A 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. a r cri M F1 6°° moo THE GRANTEE AGREES: N N 1 That, in connection with the construction, operating, atrollin repairing, substituting, removing, enlarging, replacing, and maintaining of said sewer and water pipeline(s), it - LO M will repair or replace, at its sole expense,or pay to GRANTOR(S)the reasonable value of � V 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 E stockpile said top soil for replacement over the trench. It will remove from the site any 0 p r large rocks or surplus excavating material or any debris that may have been exposed by U 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. Lo a DATED this day of 120 QlLo0 [*) m GRAN OR - � �a o Q�Q �V1G LTV � - a CORPORATE M ) P fJ 4 Meude a o(et K Pa r f a4' IL6 STATE OF MONTANA ) in .....^ County of Gallatin ) !--rM 0 7 On this day of 2008, before me the undersigned, a Notary Public for the State of Montan ersonally appeared, la JqF.A6AtK , known to m V,,jp4&Ke to be the r�,gGlnl,c. of e drW Ga4eeA pAgrj4ev 4 c- and the person whose name is subscribed to the within instrument and acknowlPAW,'r6j-C4j ed to me that he � �executed the within instrument for and on behalf of lI&WoP-1 L U-G r IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) CHRIS BUDES}U / Notary Public State of Montana Notary Public for the State of Montana LCg9-ks 6) , j3uoc—yIc (Printed Name) Residing in M I" Vt tT My Commission Expires I 1 / Z4 /20 1 1 EXHIBIT A r SEWER & WATER PIPELINE EASEMENT tea© SITUATED IN THE E' OF THE SWI yam SECTION 23, T2S, RSE, P.M.M. m� NQa LOT 1 & 2, BLOCK 2 MEADOW CREEK SUBDIVISION POINT OF BEGINNING m SEWER AND WATER r PIPELINE EASEMENTcn �l y�pNTER�1 DRIVE c N 1'43'43•E - 1 I %09 u � 5c4 37.72 r 143-49 E I I So1ros'2a w I i l 18.91' � Er I � 32 ! � 40 80 120"E i 30.05' S88'58'32•E I 16.49' I I 1"= 80 NIM �I� i I '� NIT, Plo LOT 1 BLOCK 2 Ei NCREEK C 0 i o I ZI �^SUBDIVISION PHASE II I J I i I 1- I 00 I I I 1T61 I I ``J - - - -- 01 91W I LOT 2 N88 55'18'W 129.78' � 16.06 I MINOR i�' �` •—"J' — '— • •�• �- •—� SUBDIVISIONr w — 147S$ 5�� — I NO, 235 I I ,84 w ! I SOJ'421'04'W 31 I 39.64' I NI Q I ! 0I� j �� I } •1r•I � z i7 I� °' IIiIii II iLOT 2 BLOCK 2 NO3.46'04"E o.z Pi 30.0 MEADOW CREEK a6�- I SUBDIVISION PHASE I43 8332• 3W N w N87'09'47" 22.6 21.29' w No L — N88'S8'a2'w /Ucoa — SOl'03' ZI 131.92 16.19 NB8'58'42"W • 215.55' I o r r 0 0 N U :CAPSTONE ST NE COMMONS Q EXHIBIT A MADISON ENGINEERING ERING DRAWN BY: CGB 924 S TONERIDGE DR.5TE 1,13OZE--MAN,-NIT S9718 PHONh-(406)586-73i5 FAX(406)586-73,7 DATE: 06/24/08 PROJECT# : 07-111 ACCEPTED: CIT BOJEM�� By City Manager ATTEST: nVT ft' itytjeirk STATE OF MONTANA ) ss. County of Gallatin ) 4 � [D r On this_,3ti day of k , 2008, before me, a Notary Public for the LO U State of Montana, personally appear' HRIS A. KUKULSKI and STACY ULMEN, known to me to be the City Manager and City Clerk 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 N 4 o and on behalf of the City of Bozeman. o �a%J3i11uir � � !'M HEREOF, I have hereunto set my hand and affixed my seal on the day co and 'Nen. •�� Notary Public for the State of Montana ~ � I (Printed Name) Residing at Bozeman, Montana My Commission Expires: —/ / 2016