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Home My WebLink About05- Wysocki, Wysocki, Embry, LLC; Lot 1, Amended Plat of Lots 3-6, Bl 18, Laurel Glen Sub - Sewer and Water Pipeline and Access Easement '" , .... .,. ,..,j ~ '. SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Wysocki, Wysocki, Embry, LLC, 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, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain 337 feet (sewer) and 287 feet (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: Lot 1, Amended Plat of Lots 3, 4, 5 & 6, Block 18, Laurel Glen Subdivision - Phase 1 The easement is more particularly described on the attached Exhibit A 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 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 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 j II11I11 III~ 111111111 111111111111111111111111111111111 ~t~~6:~~p ~~, ., Shellev Vanoe-GallatIn Co I'll I'IISC 36.00 _ .,' .. ~ . . -' , - 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 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. DATED this /7 day of Ma7 ' 26to S'- );4 GF{ANTOR Managing Member Wysocki, Wysocki, Embry LLC e:\...\swpipe.eas IIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII gj~r:~~ Shelley Vance-CalIatin Cc MT MISC 36.QlQl - .. . .... , . CORPORATE STATE OF MONTANA ) I ~IIII UI~ IIIIIIIU 11I1111111111111111111111111111111 ~ij~6:~~4P ) 55. Sn.1I.y Vanoa-GalIatin Co MT MISC 315.00 County of Gallatin ) -..- On this ~ day of IVttL;1 , 2 of:,r, before me the undersigned, a Notary Public for the State of Montana, personally appeared, ~e ~,.,6r":,,, , known to me to be the H II\: ~Jt\ be K.k H €. t1. rr;rJ.- of - ,. l}-D i5t>~1 l.J.::>y-,o c.. (;. e M~"" (.,.,L. ~, and the person whose name is subscribed to the within ins ument and acknowledged to me that he executed the within instrument for and on behalf of \.Jis..L'~1. U''t'7061l; ,c.'KC's/Jof e-L<- . IN WIT~~ffiXY,HEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and y~~'f)~~t@IQ~~/'W~tten. I+-'<:. "... 01~ ~ .. .. ~ , <- i: :\\OIARf..1r .~ .t: . . ::: ~iA,L>SEAL ,= * J ~ lP' ,".;$::: ~ ~ '" ,:"'.: ~ ~ "'1 ',"" . ~.A\.~ -:S ~ F~ .~~ "'" , U\\\\\\\\ NO~ Public for the State of Montana e Yl 0 1..5 0 ....., . (Printed Name) Residing in oZt! My Commission Expires 011 /2 Oil- ACCEPTED: C~ A.~ , , .u OZt,"lj, CITY OF BOZEMAN .. ...... by its City Manaqer 4. ,'" ..~.,,,-..........-;;; ., ,1- AitTeST' ~',. ".", .." ,. " . (P\'. '/ :' ~i 0/' ,: . \'; ... i~'~ ' .:.ui , " "i? ",'" J .'" ,~~"" IY- , ,~ ' ,Clerk ;f ., ;:C~Gihiflission .:'~,. ,'J.~::~.==~=l < StATg:q~~~~~A ) . '.... '-I . . ~ '>.~"".u,.~-~...Q' ) 55. Courity/6f ~n ) On t~i'S 2of1^day of dv...JVLe- , ~, before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKI 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~bove written. -.' (PrintecfName) Residing at Bozeman. Montana .-.-. . My Commission Expires: ~/ ZS /20.tJ5' 07 e:\___\swpipe_eas . Ilm~ II~ 11111 ~II ~II~ II~~IIII~ IIIIII~ ~IIIIII ~:l~~~~~p ... . '. -0 SMeIlev Vance-Gallatin Cc MT MISC 36.00 EXHIBIT A LEGAL DESCRIPTION A Public Utility Easement being on a portion of Lot 1, Amended Plat of Lots 3, 4, 5 & 6, Block 18, Laurel Glen Subdivision - Phase 1, located in the Southwest One-Quarter of Section 4, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and being more particularly described as follows: Beginning at a point which bears South 79'15'27" East, a distance of 84.87 feet from the southwest corner of said Lot 1, said point being on the south line of said Lot 1; thence North 00'00'00" East, a distance of 90_ 31 feet; thence North 90'00'00" East, a distance of 245.81 feet; thence South 00'00'00" West, a distance of 30,00 feet; thence South 90'00'00" West, a distance of 25.58 feet; thence South 00'00'00" West, a distance of 16.0 feet; thence North 90'00'00" West, a distance of 22.0 feet; thence North 00'00'00" East, a distance of 16_0 feet; thence Sou th 90'00'00" West, 0 distance of 168.23 feet; thence South 00'00'00" East, a distance of 66.00 feet to 0 point on the sou th line of said Lot 1; thence North 79'15'27" West, along said south line a distance of 30.54 feet to the Point of Beginning Said easement being 0221 acres, along with and subject to any 0- ~ existing easements. D ~ '" w << " f :0 ~ ~ (; ~ ;, ;E 0 W 0- <D '" , ., 0 i /' " Dii:. Civil Engineering PROJECT SURV(YOR: Glf" 15/11';1,1' "'w> ]2 DISCOVERV DRIVE loF2 Land $urvl:ying BOZEMAN. Mt j~'?lls ORA"""'" f3v: KWO ALLIED Geotechnical Engineering l'IIONI::(4i.16)~1l2-0221 ~EVl[wE;D BY: GLF PROJECT No. 04~196 ENGINEERING Structural Engineering I"A;~ (40r',) ~~2_5710 5E !o1o;:~VICl::~, INC DArE:: 05/16/05 WATtR (ASF,"MENT,dwg " . ~ ~ IIIIIIII~IIIIIIIIIIIIIIIIII~II~IIIIIIIIIIIIIIIIII r,.J.j~:~~ Sh.ll.y VaMo.-GalI.tin Co ~T ~ISC 36.00 _n_ -. EXHIBIT A PUBLIC UTILITY EASEMENT BEING ON A PORTION OF LOT 1, AMENDED PLAT OF LOTS 3,4,5 & 6, BLOCK 18, LAUREL GLEN SUBDIVISION - PHASE 1 LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLA TIN COUNTY, MONTANA \ S90'OO'00"W SOO.OO'OO"W 25.58' 30.00' SOO.OO'OO"W II 16.0' I~ I~ ~ ~ N90'OO'OO"W ::: - . ~ ~ col ~ 1 22.0 0 *- "- .m I I': l{) < . ~ G1q ~ UJ 1 ~ NOO'OO'OO"E H Qjl 1 ~ Q) cO 16 0' H "- i;.. q, ~'-tO . ~ '" G I 0 I t:~I~ ~ C) '" \>. v'X-~'\ q,v;j ") ~N5: ~ C3 'f [) v \:' wI ~ NI: " . 0 ~~ a ~o 0 ~-0 "~I ~ 18 ~'X- 'X- v au. , 0 o ~ m ~I s3 1 tn . , " - 5000000 E N79.15'27"W 0' 1 ~ L 66.00' 30.54' ~ 7 1../ ~ L___ ~ '" NOO'OO'OO"W of :.0 .~ 90.31' ! '" / 0.;" ~ - '" 0 If) CD " .~ 'i- c3 " (!:CD ~ C/) FND %" REBAR 0 '" W/WC (C&H) '" ""'.. , ~ " 0 30 50 90 LONGBOW LANE ~ ~._.. ~'-~"--I / .:..i SCALE. 1 INCH = 50 FEET :fl& PROJECT SURVEYOR: GlF SH"ET ~>% Civil Engineering ,n DISCOVERY I)RIVr: 20F2 Land Survt:ying BOZEMAN, MT 5971K DRAWN BY: KWO ALLIED Geotechnical Engineering l'IIUNt:: (406) jlj]'-0l21 REVIEWED 6Y: G\.F" PROJECT NQ. 04-196 ENGINEERING Structural Engineering fA," (4iN'.) H!'--~?10 ~t:.",,"VICt:.~. INC:;. DATE; 05/16/05 WATER [A$[MENldwg