The URL can be used to link to this page

Home My WebLink About04- Hinesley Family LP No 1; Lot 1, Bl 6, Laurel Glen Sub - Sewer Pipeline Access Easement (2) "'=' , : (;'fL~TT c; . "w 1111111111111111111111111111111111111111111111111111111 ~~t~~f:~~R '. iI Snelley Vance~Gallat1n Cc MT MIse 30.00 ....., ~ --..--.....-.------.. 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 ofthe 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 ofthe 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 EXHffiIT A, which by this reference is made a part hereof. TIris 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 trai Is 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 ofthe 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 ofthis 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 pipel ine 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 orreplace, at its sole expense, or pay to GRANTORS the reasonable value of any damages to growing crops, ! IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIII ~~~~t:~~, " Snllley Vanca-Gallatln Co 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 ofthe topsoil, whichever is less, and stockpile said top soil forreplacement 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 maybe 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 by placement of fill material within the boundaries of said easement without the prior written consent of the GRANTEE. (3) That where the subj cct 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 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 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 GRANTORS. The terms, covenants and provisions ofthis 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 '1 dayof.:::Jai)- ,2001- , Hinesley Family Limited Partne hip No. I, a Montana limited partnership by: t . IIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIII ~:1~~~~~, Sne~ll~, V~nCI:Ga~latln eo MT MISC 30.00 . STATE OF MONTANA } } ss. COUNTY OF GALLA TIN } On this -1.9- day of , 2004, before me, the undersigned, a Notary Public in and for the State ofMon ana, personally appeared Chuck Hinesley, known to me to be the general partner of Hinesley Family Limited Partnership No.1, a Montana limited partnership, 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 Hinesley Family Limited Partnership No, I. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial seal the day and year first above written. \\\\\\lII/f/III; ~Ii!t~ ;>'~~ .~.')~{4/"<' -'1::>" ',-'1 "" " " . . ...p " 'N TARY PUBL FOR THE STATJy3F MONTANA "c:;:',.'NOTAR/ ".(!>::, ,5tJ5frtJ 1-f.l71-t-~.f . "'1 '. cfl :: ".' *: ~'__ (.0:: (Printed Name) J1A.IrtJ -;'(/l.,Sp :z:: -' -\ ,^ .4 I ,- "bll ':'- y'" ' ", . *' ~ Residing at ~W; ~ ~" ,-< .,' ~;:" " 0'" ..' "",." My Commission expires 1-/')-;;laJ 7 SEA'L' f: MO~~ "" ,-".' 'I \ "- II f f, I I II \ \ \ \ ACCEPTED: - , . :. ." ~ r . ", .. CITY OF BOZEM \' .'." j,.. "i"J ,~p , '~,~.,' '!"'''4,...::.~ \('~..::~ .~ . "*'- ,.'i'~' ". ",.. ';,,S ,/p. by its City Manager A TrEST: "~-~'.::~ I:"~~.~: ./,1 :'~ 'i,'" ,-'~'" '<, \ ,.. ; 'Cler,k'ili:'tli 'ititi~inission ",'; '851 ./ ..' ., ". .. . ,> " "" .."',. (J. i \ t" \C', .. '- STATEOF'MqNTANA } I' j , \ ',' } S5. COUNTY OF GALLA TIN } On this qfh day of ~..tJ lAJ/fLJ t , 200 t.{, before me, the undersigned, a Notary Public for the State of Montana, personally appeared f-.t'"Jh ([; (~ 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. "r.. GF.'{,. . X"" 't " .....;.';...' ' ;,". ',,;rCI'\. ... " ..1 . (I .' ,'" I',. '.,/ / ~ (y:,,, , )~ ,",,') .'~.f...." l.. _,I':.-+j 1,..1"1 .- '/,,~. """ .. , .' C'r :.: D'" . II~ II~I ~III ~I~IIIIIIIIII ~IIIIIIIIIIIIIIIIIIIII ~;~~fr~, . Snelley Vance-GallatIn Cc MT MISC 30,00 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first written above, \1 J.1JPAM - ~~- NOTARY PUBLtf F THE ST E OF MONTANA Printed Name: . .p { ..f!vt-€. G fly'!. ('vir Residing at r&vU41/ttGl/L- My commission expires 3/25/~()'J " ,., fit: t> ......, '-..< 4_. ,,'J .II". .... \''''':' .J.;.f " (/) t" . '. : " , "'0 '. v' . ...., .. t. . 1'>/" td ~ "C) ; 0 :' .. 'P'": -'~ ~ -0 : > -.0 .'-' .., , . F, r,' '. ~. ....... ", ~- '. ~. ," :,0, ", ~ '" . ,". "'~,;:"....,..".,... ,<."> ~..q '~' ~ G:\c&h\03\03135\Office\Sewer Easement.wpd "g . EASEMENT EXHIBIT ~ : LEGAL DESCRIPTION .... II) ... A 30.00 foot wide Public Utility Eosement for Woter and Sewer Main Purposes, over, under _ '0 ;: and across 0 portion of Lot 1, Block 6, LAUREL GLEN SUBDIVISION PHASE 1, according to the plot thereof, ..... II) ~ on file and of record in the office of the Clerk and Recorder, Gallatin County, Montano, and located in the CO - Southwest Quarter of Section 4, Township 2 South, Range 5 East of P.M.M., City of Bozemon, Gallatin County, Montano. .... Ii ~ Said easement is described os follows: m_ N .. CD Commencing at the northeast corner of said Lot 1; thence southerly 180" 00' ort, assumed azimuth from north, 0. ... 161.51 feet along the east line of said Lot I, to the point of beginning of said 30.00 foot wide easement; ... thence southerly 180" DO' ort azimuth 30.00 feet along said east line: ~ ... thence westerly 270" 00' ort azimuth 303.16 feet; thence southwesterly 215' 07' 55" azimuth 30.86 feet; ___ :;: thence northerly 338" 01' 2rt azimuth 35.73 feet along the west line of said Lot 1; thence northeasterly 035' 07' 55" azimuth 27.03 feet; thence easterly 090" 00' 00" azimuth 318.73 feet to the point of beginning. --- u Areo = 10,197 squore feet. 0.2341 acres or 947.3 squore meters. Subject to existin9 eosements. -Ill 3: 3: _ E ~-........ [EAST] Annie Street ~~ .... 0::: 90.00'00" ___ ~ - - \ _ _ 11' J!JI1LlY_EA~~NLPlli E-LAL _4Q.8,l,9_ _ _ _ _ _ _ _ I I -~ \ I I LOT 1 -.. \ I ---- I - .. ~ \ I~ === <j' <? \ 1111 - ---. 0 ~ I --- 0 ... \ Ao. 1<0 =c: ~ ~ ~ \ ~ I 60 >- \ ?; 0,(" I R/W I LOT 2 --- . ,'0 Ol -- \t\~ ~~ I -=.. <),Q(\,? 90.00'00" ~% ~ == ~ 0'~_________3J!323________-rQ - - \ NEW 30' WIDE PUBLIC UTILITY EASEMENT Id I ~ r,------------------ LOT 3 II ."c/ d'?~'0?; 2~g~~~0" I,~ I I "5~Q I ~ - - - I I <Y'\ I I::l I I I \ II / \ : ~ I LOT 4 I I '20.\ I ~ I I ~\ I ~ L _ _ I 1;:::.\ ~ I-- I I ::i \ LOT 1 I ~ I I I Y- I 0 / I ..-::: '6 \ BLOCK 6 I k, LOT 5 I f:>'C--.I ;\ 194,251 Sq Ft I I :r-.;r I .... CP. ~ c;;. \ :5 0' o. %\ 1,,- - - - (:1)........ <:::> ;.,.::,0' cO\ I'" I ~~ ~ ~ PUBLIC ~ ~ \\ II~ I LOT 6 PARK 1fl ~ ' <<' \ Ibl '<t' g I 'Y' "" 0- I- L ""'\ IlU oO:::J I - - ~\ ~ r~~ c;.\ 1>= ~ I ~ \ I~ LOT 7 \ - I Scale In Feet \: _ _ _ 1 00 0 1 00 \ I I I~ I I I \ I LOT 8 30 0 30 \ I \ I Scale In Meters \ I ~ - - \ I I · r: nl \: I COT9 ~ ,~I 1 I I c. U---U g'[~ : : I ? 0 lO I I 60 I LOT 10 Engineering and Surveying Inc, g .=. ((l I I R/W 205 Edelweiss Drive. Bozeman, Montana 59718 0 L _ _ _ _ _ _-.J Phontl (406J 587-1115 · Fax (406) 587.9768 L - - www.chengineers.com. info@chengineers.com fiS Glenwood Drive #03135(E)