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Home My WebLink About04- Morgan Homes, Inc.; Lots B-C, N. 5th. - Sewer and Water Pipeline and Access Easement " 1111111111111111111111111111111111111111111111111111111 ~~t~~~1~~~A l~n2;- ) Snallay Vance-Gallatin Cc MT MISC 30,00 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT John Morgan, of Morgan Homes. Inc., 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 sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water and wastewater 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 B & LOT C OF AMENDED SUBDIVISION PLAT No. E-21-B LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA The easement is more particularly described on the attached Exhibits 1 & 2 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 ofthe 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 water and 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 Sewer and Water Pipeline Access Easement and Agreement Morgan Homes Page I of3 111111111111111111111111111111111111111111 1111111111111 ~~t~~?~~~A Sh.llay Vanc.-Gallatln Cc MT MIse 30.00 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 ofthe 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 fonnation of depressions after final settlement has taken place. THE GRANTOR(S) AGREES: (1) At no time will they build, construct, erect or maintain any pennanent 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) 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 tenns, 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 2S- day of fl~;irZv.-M'>-f ' 2004. Morgan Homes. mc GRANTOR ~_ t--'-Yj--_ r>uo. B ( , Sewer and Water Pipeline Access Easement and Agreement Morgan Homes Page 2 of3 . - -.-.. .--..--...---.--.---- __.__.___u_....._..._..._..._. ._n_........ STATE OF MONTANA ) 111111111111111111111111111111111111111111111111111111I ~:t~l :~~, ) ss. County of Gallatin ) SnllllY Vance-Callat1n Cc MT MIse 30,00 On this 25TH day of Februarv, 2004, before me the undersigned, a Notary Public for the State of Montana, personally appeared, John Morgan. known to me to be the Owner of Bridger Commons 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 Morgan Homes. Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ~'\\\"""""'II~ ~~IIUT}f~' q....~~ "" .:.(\~ llJ. .. 0" AR/4{' ~\ ~/Jj'~ .:::; - ~- -t-o _'- ::: (/) . -. . = ~*'. SEAL:s-i ~t-e P\t\C\V\'1 e Ku~hev+orJ ~ ~. . ~ ;:: ~. '~'l ".if .... ~ OF ~O """, Printed Name "I,,,,,,,,,,,,,''(\: Residing at Be \~e I Movda.ntt My Commission Expires 031 gl J 9DO, ACCEPTED: CIT~O~- . by its Acti nq City Manaqer :,' "1 Clerk offutt, ~ity_Gommission , ~c. _.."...~.. STATE OF MONTANA) ) ss. County of Gallatin ) On this 8th day of March , 2004, before me, a Notary Public for the State of Montana, personally appeared Ronald F. Brey and ROBIN L. SULLIV AN, known to me to be the Acti nq Ci ty Manaqer 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 ofthe City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. .' ,(~BAJ;J , ~~~~ " 'j". f'(,_ _:-' t;:'J I~Or '\ ,., " ~1 ,'.~ :-: : ~ : ~tl Notary Public for ill State of ontana ""<\\ 7.>.::--: H aA €Vl€'- G{(0i/l'( rt)e r o;:~. . r \-.. "'I'~~":\ t"'- .- _ - .. ~'. ~ , . ... .. Printed Name , "-\ Residing at 60UWlfLv.- My Commission Expires: :3 jZ.S- /UXJ? Sewer and Water Pipeline Access Easement and Agreement Morgan Homes Page3 of 3 , EXHIBIT 1 A SEWER AND WATER PIPELINE AND ACCESS EASEMENT BEING ON A PORTION OF LOT B AND LOT C OF AMENDED SUBDIVISION PLAT No. E-21-B LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA NORTH 5th AVENUE SOO.03'35"W 99.98' 205.40' 105.42' FND AL, CAP 84.98' ~ 30.00' I 90.42' FND AL. tAP POINT OF I 1 BEGINNING I I I I L.OI 13 1- 15' i-- 1 1 I -I 15' i--- 1 1 L.OI 12 1 ~I N (Jl (J) ~I n (Jl r-.. 0:) (J) N1 (Jl N CO (J) (Jl (J) ...... 1 ;;:j ...... I"') 30' WIDE PUBLIC I"') SEWER AND WATER PIPELINE 1 AND ACCESS EASEMENT 1 I I I I 11 1 L.O L.OI A21-B 10' PER 155F p.2977 - - ~- I pL.AI LOTB I LOTe I 1 }J.J 1,3: N N "~ ~ 101 (Jl 'OJ w ~ 3: ~ J; cas (Jl (Jl (J) 0:) 0:) a If) f/) N Z If) ~ (J) (Jl to ~ ~ ~ (J) (Jl (J) 0:) CO z CO Z (f) I I I EASEMENT FOR SANITARY SEWER 1 AND UTILITY PURPOSES 30' WIDE PER PLAT E-21-B I I I 1 A L.o WIL.E:R 1----- ______-1_ _..1_______.., I SHoN61110N _A NOO.01' 30"E I I AD E: - 4 'TO' 1 I pt...,AI 1 I FND AL. CAP FND AL. ICAP 205,69' NOO.01 '30"E L.OT 6 L.OT 7 L.OI B L.OI 9 JiI ~ ."ON - "'" 1111111111111111111111111111111111111111111111111111111 ~~t~~?~~~R 0 20 40 60 kJ-~ I I SCALE; 1 INCH . 40 fEET Shelley Vanoe-Gallatln Cc MT MISC 31ll.0e --.. -- EXHIBIT 1 DE. EXHIBIT 1 Civil Engineering 32 DISCOVERY DRIVE Land Surveying BOlllMAN, MT ~971. DRAWN BY: KWQ SEWER AND WATER PIPELINE AND ACCESS EASEMENT ALLIED PHOIlll (010<;) ~.2=1 DATE: 12/04/2003 ENGINEERING GeolechnicBI Engineering FA-X (010<;) ~.2-m{) PROJECT N; 03- 063 BOZEMAN, MONT ANA BERVIc:e.. lNG, lEGAL OESCRIPTION,dwg LEGAL DESCRIPTION A sewer and water pipeline and access easement being on a portion of Lot B and Lot C of Amended Subdivision Plat No. E~21-B, located in the Southeast One-Quarter of Section 1 , Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and being more particu I arl y described os follows: Beginning at a point bearing South 00"03'35" West, a distance of 84.98 feet from the Northeast Corner of said Lot B; thence South 00'03'35" West, along the east line of said Lots Band C a distance of 30.00 feet; thence North 89"59'42" West, a distance of 289.92 feet to the East line of a 30' easement for sanitary sewer and utility puposes as shown on Plat E-21-B; th en ce North 00"01' 30" East, 01 on g the east I in e of said easement a distance of 30.00 feet; thence South 89"59' 42" East, a distance of 289,94 feet to the Point of Beginning, IIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIII ~~;~ 1~~~ Shelley VancI-Gallatin Cc MT ~ISC 3111.111111 -----. ..-.--.. ,- .-.- ---.. EXHIBIT 2 ~ EXHIBIT 2 Civil Engineering 32 DISCOVERY DRIVE Land Surveying BOzEMAN. MT 59718 DRAWN BY: KWO SEWER AND WATER PIPELINE AND ACCESS EASEMENT ALLIED PHONE (406) 58.1=1 DATE: 12/04/2003 ENGINEERING Geotechnical Engineering FAX (406) 582.5no PROJECT ,: 03-063 BOZEMAN, MONTANA *1Il~VIC:... INc:.. LEGAL DESCRIPTION,dwg