HomeMy WebLinkAbout15- Bozeman School District #7 Sewer Pipeline and Access Easement and Agreement City of Bozeman-City Clerk
P.O., o-K 1230
Bozeman, MT 59771-1230
SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Bozeman School District# 7 , the GRANTOR(S), in consideration of
$1.00 and other good and valuable consideration, receipt of which is
a�
acknowledged, grant(s) to City of Bozeman, GRANTEE, its successors and assigns, a
69
perpetual easement to lay, construct and maintain a sewer pipeline with the usual
services, valves, connections, accessories and appurtenances for the purpose of transmitting
y= in,through, and across a strip of land situated in Gallatin County, Montana, variable width,
0U= to be located on the following described real property: Tract JA2 of Certificate of Survey
0y_
2554B.
LO = The easement is more particularly described on the attached Exhibit(s) A2 which
�- = by this reference are made a part hereof.
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'^ This grant includes the right of the GRANTEE, its successors,permittees, licensees, and
N'VL=
�"— 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
Qeasement and the pipeline and to:
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a (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
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
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.
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(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 day of _-SAJQ6114 20 t S
GRANTOR Robert J Watson, Superintendent
STATE OF MONTANA )
ss.
County of Gallatin )
On this -z-(, day of , 20 1,;� ,before me the undersigned, a
Notary Public for the State of Montana,personally appeared, Robert j Watson,known to me to
be the Superintendent of Bozeman School District#7 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 Bozeman School District 7.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
Notary Public for the State of Montana (SEAL)
STEVEN D JOHNSON
(Printed Name) ;SON
,d s , Notary Public
Residing in ob ct_4 NoTARiy�.Z_for the State of Montana
a*: —'— ; Residing at:
My Commission Expires / � /20 le. SEAL.-',*
; Bozeman, Montana
�9 �FMoQ` My Commission Expires:
,,,, May 22,2016
ACCEPTED:
CIT� M) BOZ
O
By Chris A Kukulski, City Manager
ATTEST:.-,,
TTEST:_ rr
Stacy :I 'icy Clerk_-_o
r -
STATE OF MONTANA�;,:) =-
ss.
County of Gallatin )
On this day of 520
before me, a Notary Public for the
State of Montana, personally ap ared CHRIS 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
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 above written.
(SE )
HEATHER RIENVENUE
Notary Public
N tary Public for the State of Montana for the state of Montana
Residing at:
Bozeman, Montana
9 ' ••• ��'MO` My Commission Expires:
(Printed Name) OF �� January 26,2018
Residing at Bozeman,Montana
My Commission Expires: _/ /20
EXHIBIT A2
A Sewer Line Easement, located in the W1/2, Section 3,
Township 2 South,Range 5 East,P.M.,Gallatin County,Montana.
PURPOSE OF SURVEY BASIS OF BEARING
This survey was performed to identify a new easement Bearings for this survey are grid, derived from GPS
in the V4 of Section 3, T.2S., R.5E. observations with survey—grade receivers and referenced to
the Montana Coordinate System, Single Zone, NAD 83.
FOUND AN ac. 1} IN. 33 34 BAXTER LANE i POSITION ESTABLISHED
DIAMETER, ILLEGIBLE. —,— ___ _ 34 FROM EXISTING REFERENCE
CCR 2-261 4 -3 - — T-- — -- 3 CCRU3 MONUMENTS.
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92
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0 500
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( IN FEET )
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C.0 •2552
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o I LEGEND
Q PUBLIC LAND SURVEY SYSTEM
SECTION CORNER AS DESCRIBED
O I PUBLIC LAND SURVEY SYSTEM
ONE—QUARTER SECTION CORNER AS DESCRIBED
QI
PUBLIC LAND SURVEY SYSTEM
0 I ONE—QUARTER SECTION CORNER AS DESCRIBED
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C.0• w I SURVEYOR'S CERTIFICATE
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1,Hans J.Streufert,Montana Professional Land Surveyor,License
No. 16971,hereby certify that I supervised the survey and
preparation of the Sewer Line Easement,located in the W 7 of
Section 3,Township 2 South,Range 5 East,P.M.,Gallatin
County,Montana,particularly described as follows:
Sewer Line Easement;
4
FOUND A REBAR, IN. A strip of land 30 feet wide lying easterly ofthe following
DIAMETER, 3 INS. UP, NO CAP. I described line: Beginning at the southwest corner of Tract IA2 of
CCR 2-251 C.O.S.255413,which is also the northwest corner of Tract 2A of
C.O.S.2554A;thence along the section line common to sections 3
and 4,N.02e 16'13"E.,1317.24 feet to a rebar, j inch diameter,no
N cap,said point being the i comer common to sections 3 and 4.
I�ER5 r, T 0"CT 55 8 i Easement contains 39,5 l6 square feet or 0.91 acres, re o�ess.
C.O.S.
U. �/ of �-
F CREEKION `rwi I Hans J.Streufert,PLS No.1 1 Date
SUBDIV I Morrison-Maierle,Inc.
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30'NEW SEWER • �p
EASEMENT
HAr\JS JON
/ ��---------------- I STi=L:U, EAT
-- 16971
EXISTIN STREET
EASEMENT, DOC. #2426774 I 9jNG
CT 2A I SURN)
al i T> 2554A
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I NOTHING FOUND, POSITION I
I ESTABLISHED FROM RECORD.
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g 10 DURSTON ROAD
MORRISON Bowmen MT 59718 2880Techmlogy Blvd W DRAWN BY RJMDS SEWER LINE EASEMENT PROJECT NO
5149003
score, a cRKD-Bv ws BOZEMAN MT
MAIERLE INC. Sc�n05rs Phon (400)587-0721 APPR.BY JN FIGURE NUMBER
Manners Fax.(406)922.6702
An Employ-•-(N n d C-p-y DATE 0 7/30120 1 4
coarwcHl eueAnsowauicut:mc.x,. EX. A2
N 151491003WCAD1Survey'5149003-SWR-EASEMENT.dwg Plotted by dean sq.i..on Ju113ot2014