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Home My WebLink About04- Hinesley Family LP No 1; Lot 1, Bl 6, Laurel Glen Sub - Sewer Pipeline Access Easement --.-.--.. .---... ~ , 1111111111111111111111111111111111111111111111111111111 ~~t~~r:? ~p . . , '-'."-1 i i j::) -"'--."~"ff" / '" Shalley Vano.-Gallatln CO MT MISC 30.00 ..........-.-.-.-... ----.--..--.. --...--..---.... ... n_.___._.. SEWER PIPELINE ACCESS EASEMENT AND AGREEMENT Hinesley Family Limited Partnership No.1, a Montana limited partnership, with a mailing address of3663 Durston Road, Bozeman, MT 59718, the GRANTORS, 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 ofthe State of Montana, 411 East Main, P. O. Box 1230, Bozeman, MT 59771- 1230, the 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 oftransmitting wastewater in, through, and across a strip ofland situated in Gallatin County, Montana, being 30 feet wide, to be located on a portion of the following described real property: Lots 1, Block 6, Laurel Glen Subdivision, Phase 1, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Southwest Quarter of Section 4, T. 2 S., R. 5 E. ofP.M.M.. The Easement is more particularly described and shown on the attached EASEMENT EXHIBIT A, which by this reference is made a part hereof. Ths grant includes the right of the GRANTEE, its successors, pennittees, 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 GRANTORS 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 ofthe 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 subj ectto 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 constructing, operating, 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 GRANTORS the reasonable value of any damages to growing crops, . 11111111111111111111111111111111111111111111111 11111111 ~J;~~~?~, . . snl~~_aY V~nCI-Gall.tln eo MT MISC 30.00 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 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 ofbackfilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. The GRANTORS agree: (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 byplacernent 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 maybe constructed within the easement where at the City's discretion such access is required for operation and maintenance purposes. (4) The GRANTORS 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 ofit, and that they will forever defend the title to this property against the claims of all persons. (5) The GRANTEE may peaceably hold and enj oy the rights and privileges herein granted without any interruption by the GRANTORS. 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 v2/,sr day of ~ ,200!i. ip No.1, aM ntana limited partnership by: . 111111111111111111111111111111111111111 1111111111111111 ~~t1~r:?~p . . , . Shlll.y Vanca-Gallatin Co MT MISC 30.00 -..-.-.-.-.-- -..- - ..--- .----......--. STATE OF MONTANA } } ss. COUNTY OF GALLA TIN } On this ~ day of ~ ,2004, before me, the undersigned, a Notary Public in and for the State ofMo tana, personally appeared Chuck Hmesley, known to me to be the general partner of Hinesley Family Limited Partnership No. I, a Montana limited partnership, and the person whose name is subscribed to the within instnnnent and acknowledged to me that he executed the within instnnnent for and on behalf of Hinesley Family Limited Partnership No.1. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial seal the day and year first above written. \\\\\\ \I" 1111"11/ ':1,\'\ E. 8 /11; ~ E. v3auv.. ~O . -4u~ *~..""~~ ~. '''9~ -...; . ~ I .: \,\0 T AR/..q '.. "% NOT Y PUBLIC FOR THE STATE OF MONT ANA ;; * . -'- <.. ;- Jo E. 8AU"e..R ~~'. SEAL ,:*f (Printed Name) ~..,'. .;;r~ Residing at ;g~; '111:t:..-. ~~. .'~~ ~ .... ~~ ~ ~/I. OF MO~ \\\\~ My Commission expires q.. Jq"~(;07 SEAL: II'! 1111\\\\\\\ ~~ CITY OF BOZ - by its City Manager . " } } ss. COUNTY OF GALLA TIN } On this d /'/1 day of , 200 f, before me, the undersigned, a Notary Public for the State 0 itana'jerSOnallyappeared RON BREY and ROBIN L. SULLIVAN, known to me to be h<JCITy Manager and Clerk ofthe 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. ~ 111~lllllllllm III~IIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~:t~~r:? ~p , ^ Sh.llay Vanoe-Gallatin Cc MT ~ISC 30.00 -- n_u__ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above. ,* '2" ~', '"-14.'>'" . ~rpUBLICFOR T S~TEOFMONTANA " . { " ''''":cL :'/''',;' ~1ftqJ. Nanre;~..EC Ifh 4CM . '0, .' ,;Ii:. . ~ ..,: es~ifig at : .. t, '~ ,.\ ' .,. ~ . : ";'~\" ~cO'H1~~i~n pires 10 ./f'dJl7 '''\{I';e'~." ~ " :;/ \ '\t" ';\,. >'"1.., ' :~.; ~ ~~,~,. (. l G:\c&h\03\03134\Office\Sewer Easement. wpd i .. . ~ EASEMENT EXHIBIT ~ : LEGAL DESCRIPTION It) on "" A 30.00 foot wide Public Utility Easement for Water and Sewer Main Purposes, over, under en '0 ;; and across a portion of Lot 1, Block 6, LAUREL GLEN SUBDIVISION PHASE 1, according to the plat thereof, on re on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the It) .. N Southwest Quarter of Section 4, Township 2 South, Range 5 EO!lt of P,M,M., City of Bozeman, Gallatin County, Montano. .... . _ Said easement is described as follows: N: gj Commencing at the northeast corner of said Lot 1: thence southerly 180" 00' 00", assumed azimuth from north, 161.51 feet along the east line of said Lot 1, to the point of beginning of said 30,00 foot wide easement: _ g thence southerly 180" 00' 00" azimuth 30.00 feet along said east line; = csi thence westerly 270" 00' 00" azimuth 303.16 feet; thence southwesterly 215' 07' 55" azimuth 30.86 feet; -= CO) thence northerly 338" 01' 20" azimuth 35.73 feet along the west line of said Lot 1: iiiiiiiiii thence northeasterly 035' 07' 55" azimuth 27.03 feet: thence easterly agO" 00' 00" azimuth 318.73 feet iiiiiiiiii to the point of beginning. - u Area '"' 10,1 97 square feet, 0.2341 acres or 947.3 square meters. Subject to existing easements. -'" ;;: _ E ;:!:~ [EAST] Annie Street ;:!:~ iiiiiiiiii l- e:: 90'00'00. - ~ - - \ _ _ 11' JLTIJllY~EASEt.J.g,NTJill f1AL _4ill\,.J.9_ _ _ _ _ _ ~ _ I r - - :: \ I I LOT 1 ~~ \ I =.. ~\ I~ I === <f 1> \ 1U"l ~ - ~ -. 0 - I ~ g .... \ ,00 I~ =~ \ ~ I 60 ~ ,. \ t; 0,;(' I R/W I LOT 2 -. ~ <2 ~.... \(\~ ~Q~ I - i i),O^.? 90"00'00. ~% ~ - '" QJX-_________3.1!323________~G' - - \ NEW 30' WIDE PUBLIC UTILllY EASEMENT I~ I "& ..,-__________________ LOT 3 I '-j,;~ '0 ~ 303.1 6 Q) I d'{i (\~ 270'00'00. I;> I I "5~O I .~ - - - I l,y\ I ~ I I I \ II / \ : ~ I LOT 4 I I t&\ I ~ I I c::.\ I -+-> L - ~ I I ~ \ rn " I I ~\ LOT 1 I ~ I / I I ~ '% \ BLOCK 6 : ~ LOT 5 I ~'t-l ;\ 194,251 Sq Ft I I :r--;;r I .....CP.~ c.\ :s 0'0. %\ In --- d' ........ <::l ~ ;'''':>0. 0' ~\ 185 I 0.. ~ "- PUBLIC ~ ~ \\ II~ [LOT ,6 PARK ~ ~ b ""\ I~ '<;j-OI "Y i:5 0- I- I -0\ I 08::> I--- --- ~\ I~ ~bOI ~ ~ ~~~ S\ 15 ~ I \ 1<-'" LOT 7 \ ~ I Scale In Feet \: _ _ ~ 1 00 0 1 00 \ I I I ~ I I I \ I I LOT 8 30 0 30 \ I Scale In Meters \ I ~ - - I ."1 \ i I LOT9 l :1111 :1 ~[~ : i ~ -- ? 0 ~ I I 60 I LOT 10 Engineering and Surveying Inc. 82:.. C() I I R/W 205 Edelweiss Drive. Bozeman, Montena 5971 B 0 L _ _ _ - - - .J Phone (406) 5B7-1115 . Fax (406) 587-976B - L - ~ www.chengineers.com.info@chengineers.com 55 Glenwood Drive #03135(E)