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HomeMy WebLinkAbout14 Easement Doc #2066507 2066507 Pass: 1 of d 04/17/2002 04:37P Shelley Vanoe-Gallatin Co MT MISC 35.00 SANITARY SEWER, WATER PIPELINE AND ACCESS EASEMENT AGREEMENT The TANGE FAMILY, LLC, a Montana Limited Liability Company, of 2800 Spring Meadows Drive, Bozeman,MT 59715, the GRANTOR, 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, P.O. Box 1230, Bozeman, MT 59771-1230, the GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sanitary sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting city sewage and water in, through; and across a two strips of land situated in Gallatin County, Montana, being 30 feet wide and 31 feet wide, to be located on the following described real property: Lot 2, Lot 3, Lot 4 and Lot 5, Block 3, AMENDED PLAT OF BLOCK 3, TANGE'S SUBDIVISION, 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 NE 1/4 of Sec. 1, T. 2 S., R. 5 E. of P.M.M.. The Easements are more particularly described and shown on the attached Easement Exhibit, which by this reference is made a part hereof. The easements shown on said Easement Exhibit hereby replace and supercede the 30 foot wide and 31 foot wide public utility easements as shown and granted on AMENDED PLAT OF BLOCK 3, TANGE'S SUBDIVISION for sewer and water main purposes. 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 constructing, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water main and sanitary sewer pipeline(s), it will repair or replace, at its sole expense, or pay to GRANTOR(S) the 2066507 Paps: 2 of B 04117/2002 04:37P Shelley Vance-Gallatin Cc M7 MISC 36.00 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. (3) To lay, construct and maintain said pipelines in such manner as will not hinder or prevent the proper cultivation of the tract to which this right of way is hereby granted. The GRANTOR 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 subj ect 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 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. h DATED this day of Oerem b e4 , 200 GRANTORS: TANGE FAMILY, LLC, A Montana Limited Liability Company By: / Carl Tange, Jr., esid t 2066507 Page: 3 of 8 04/17/2003 04:37P STATE OF MONTANA } Shelley vanoie—Gallatin Co Mr MISC 38.00 } ss. COUNTY OF GALLATIN } On this edayof ( 2001, before me a Nota rY Public in and for the , said State, personally appeared Carl Tange, Jr., known to me to be the President of Tange Family, LLC, a Montana Limited Liability Company, 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 said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my No � �Sfal the day and year first above written. ��� �ri oF E R To f� � ARY P IC FOR THE STATE OF MONTANA Residing at _ __ My Commission expires ' SEAL. . �'j► :¢ Q` . T OF MOW ACCEPTED: CITY OF BOZEMAN by its City Manager A:r T ti y e - � a C14of14-9;Ci�m Fission ,l STATE 01:4 MC)t4tANA } } ss. COUNTY OF GALLAT } On this 1 day of , 200.2 ,before me a Notary Public for the State of Montana, sonally geared CLARK V. JOHNSON and ROBIN L. SULLIVAN, known to me to bet ity 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 WITN S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first wri n abo e. OTARY PU13 IC FORT E STATE OF MONTANA Residing at My e�Inmigsio expires G -lo`ot0o g:lc&h10M026lloff"tceCtility Easement 2066507 Page: 4 of 6 04/17/2002 04:37P Shelley Vanoe-Gallatin Co MT MISC 36.00 EASEMENT EXHIBIT AMENDED PLAT OF BLOCK 3, TANGE'S SUBDIVISION SHEET 2 OF 3 DESCRIPTION OF PUBLIC UTILITY EASEMENT 1 That part of Lots 2, 3, 4 and 5, Block 3, AMENDED PLAT OF BLOCK 3, TANGE'S SUBDIVISION, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, lying within a strip of land 30 feet wide. Said 30 foot wide strip being 20.00 feet to the left and 10.00 feet to the right of the following described center line: Commencing at the southwest corner of said Lot 3; thence northerly 001 ° 38' 19", assumed azimuth from north, 129.74 feet along the west line of said Lot 3, to the point of beginning of the center line to be described; thence southeasterly 139' 55' 59" azimuth 244.35 feet; thence southerly 173' 12' 48" azimuth 272.00 feet; thence southeasterly 148' 46' 31" azimuth 260.00 feet; thence southerly 180' 00' 00" azimuth 180.00 feet; thence easterly 092' 00' 00" azimuth 90.00 feet along the north line of said Lot 5 to a point hereinafter referred to as Point A and there terminating. And that part of said Lots 4 and 5, Block 3, lying within a strip of land 31 feet wide. Said 31 foot wide strip being 21.00 feet to the left and 10.00 feet to the right of the following described center line: Beginning at point A; thence southerly 181 ° 15' 26" azimuth 416.00 feet, to the south line of said Lot 5 and there terminating. The side lines of said easement are to be prolonged or shortened to end at the west line of said Lot 3 and at the south line of said Lot 5. Area of Easement = 44,592 square feet, or 1.0237 acres 2055507 1111111111111111111111111111111111111111111111111111111 Pogo: 5 of a 04/17/2002 04:37P Shelley Vance—Gallatin Cc MT MISC 36.00 EASEMENT EXHIBIT AMENDED PLAT OF BLOCK 3, TANGE'S SUBDIVISION SHEET 3 OF 3 DESCRIPTION OF PUBLIC UTILITY EASEMENT 2 That part of said Lots 4 and 5, Block 3, lying within a strip of land 30 feet wide. Said 30 foot wide strip being 15.00 feet to the left and 15.00 feet to the right of the following described center line: Beginning at the northwest corner of said Lot 5; thence easterly 092' 00' 00", assumed azimuth from north, 125.00 feet along the north line of said Lot 5; thence southerly 181 ° 38' 19" azimuth 268.00 feet and there terminating. The side lines of said easement are to be prolonged or shortened to end at the west line of said Lots 4 and 5. Area of Easement = 12,600 square feet, or 0.2893 acre. G:lc&h100100 2 6 1\0fficel[xgal Description Sewer and Water Easement.v4,pd IIIIII IIII++ I 2066507 III IIIIII�� Pass: 6 of 8 IIIIIII I I Illllllll 04/,IIIII IIII! 7l2002 III 04.37P Shelley Vance-Gallatin Cc MT MISC 30.00 Wj EASEIENS',EXf /T w LOT 3 1,' 0; � o m to 81,453 S Ft ..h s' es`Y-o�, r6 c4. S•. PRV L ;= Q LOT 2 1., a: '. CD W .2 3; ° I ,♦ 1,8699 Acres rn 0) o ♦ o ti 79,B79 Sq Ft Q' �\ xii` i m.t, ,♦ �• 1.8338 Acres E ��� 11P w + ,I, ♦ �S s 30' wide Joint Access and Utility,, c'� i9+ �' Easement for Lots 1 and 2 :� � LL- w a NI o '� ° � �51' Op gyp' rn _ 11 tl ♦ '` `.V 1 g1:h1 JJ ti 243:83 .; 2 77 ♦ ♦ - _ ti� I ! fN8z•45'4 4a LOT 1 \C, �--! Ir50'x60' it 1�, '1 154,304 Sq Ft Q \ - i ¢,i DRAINAGE 1 r 1j , >� ` 3.5.423 Acres .a \ j tASEMENT_ + -1 00. and Utility Easeme `t fir, rv„�IA CL i I 1 C', 1� 1 NG 0 ILd Al a) I' 12 Public Uplity, &semX1_ ` 7 V SO I r Q' T 4 �i$•`.. ♦ . ` 295.479 5q Ft I`.< l 32.5 I�I g' o.__ _�- -�—- I rm� a' r 6.7833 Acres 0 I Qp ' � Cn J I I�� �\ ! 0� Scale. In feet . C K 3°' -- - �wr�' f�C�' w 100 0 1.00 t + N I ° =y ,.,tc 30 0 30 1 Scale In Meters' z I J CAdt f i o o �,} ,I i `: -1 i-1--10' i NOTE: E N ;'_ y f--20' I PREVIOUS LOCATION OF 30' WIDE AND �� ➢ i ='a I 1 0o I 31' WIDE PUBLIC UTILITY EASEMENTS i 41 1 o a SHOWN ON AMENDED PLAT OF mz v +` ,' 1, �Q 44.00 BLOCK 3, TANGE'S SUBDIVISION, �,r >rZ i I � =� } ;r1 � ago I ARE TO BE ABANDONED. i p , 1 I+,t d w , ! fi ';t� 092.00'00' �m �•. . !R=50' {N88'00'00"W] i 11 I 1 90.00 ++I c� v 3 _ .: �U y 482.66 4I 1 _ rQ a1 7 a N. � LO r • tLr_i.Y•. 2. TAI''•II - �-.. li -I� /��i l l r• ao� n oo�! ' Temporaryi,�AlEt-4DEC t 1� 5' wide Street and Utilit + Cul De Sac 1 1 1 + ~ I L ( f?fiFd iE'EE HOiEL:_, 11 z �- 1 er Fiim 98. Page 104 y! j ! r-- II 1 r 1, }a w -01I I ! 1^3 ► I N 1, I LOT 5 ; 2��1 '3 ' I ,T 3 w 1�of 201,348 Sq Ft I w I 1;15 Neis, I =wu 1-�1 4,6223 Acres J �, � ! � 1� � 10' wide Public Utility Easement aEi m I 1 rj � s= N v+ N 1 I 1 o r t w o i o� 1 I `r a'� m y 6 oo 1 c ! i' N E 1 11 oN S C E cl �: o ! I " 1 1 a�^ N _ � 1 1 o+n � rn ,� C( E J _ I in Cy 1 r°O� " ! > 1 I 1 ! �� 66'x100' Joint Access Easement ? �°i� I 0 1 " 1 )) per Film 183, Page 345 132.5 32.5 i ►7 m r„ 1.1 f.' pew ?c 1 _i - - J o C_ a 1 1 Set .,Meg•, Nail P I cv STA. 34+00,47 + 1 1 ! I r, .-, 272'00'00" ` : p 1 1 ��. �:� R W II I r -- _ `-' _ 485.43 c., 1 i I 1 ! / ?-�- - - I'r'� ` 174.03 m O — -- - -- d u !9 {Uj� b �• !Oak Street (DEDICATED THIS PLAT) YPC (Gast on) z z o "-� S line of Block 3, TANGE'S SUBDIVISION 518.32 _ - - - _- a `+3 [S89'40'54"W]LO -- ENGINEE G r AN 518�7 _ -_- u' Ln - SURVEY rNC. R/W - - -269!40S . ( Stine of NE 1/4, Sec. 1, 2 S., R 5 E. `n- - - -----.-- _ -- (S89"40'54"W] - '-- -- ALLF'+' L _.._. _- !R/W Main Street, Suite 1 Bozeman,lkontani 50718 � i® R/W Easernr*nt to State of Montanq for 115-1 4G1 587-p768•chen&d ob xet Sheet 1 of 3 Highway R/; (Parcel 25) Film 133, ;Page 23�1 #00261(E)