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Home My WebLink About16- Sewer and Water Pipeline and Access Easement and Agreement - Trustees of Grade School District #7, Sacajawea Middle School PLATTED 2554751 Page: 1 of 5 08/17/2016 02:07:23 PM Fee. $35.00 Charlotte Mills - Gallatin County, MT MISC IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Trustees of Grade School District#7,the GRANTOR(S), in consideration of$1.00 (One Dollar) and other good and valuable consideration, receipt of which is acknowledged, grant(s)to City Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain 1,045 lineal feet of City of Bozeman (water) pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting potable water 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: A tract of land located in the SW 1/4 of the SE '/4 of Section 24, Township 2S Range 5E P M M City of Bozeman Gallatin County Montana as recorded on C.O.S. 482 containing 28.759 acres The easement is more particularly described on the attached Exhibit(s)A 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 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 water 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. (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 �2��. 20 lZ , GRANTOR INDIVIDUAL STATE OF MONTANA ) ss. County of Gallatin ) On this ),� day of '} c?L , 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared Z, i,Ile known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. KIM OLSON Notary Public (SEAL) for the State of Mo•-i-a--•,a Residing at: , .SE.-kL. Q Selgraoe. Montana -,�4,F•R�Or\; My Comm scion Expires: Decemoer 12. 2016 Notar 6blic for the State of Montana err, An ) (Printed Name-1 _ Residing My Commission E ires /a /L.,)/20-LL CORPORATE STATE OF MONTANA ) ) ss. County of Gallatin ) On this ° day of m(2 , 20�, before me the undersigned, a Notary Public for the State of Montana, personally appeared, ,o ), Ildt known to me to be the (' L Ile, q (111 a,Q n /? t,3k- � and the person whose name is subscribed to the within in . ument and acknowledged to me that he executed the within instrument for and on behalf of '7 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. KIM OLSON (SEAL) ' '�� °LSOti Notary Public �01ARi,q4'. :for the State of Montana Residing at: SEAL.' Belgrade, Montana Notary ublic for t7-� tate of Montana ° P: My Commission Expires: C� ODecemoer 12. 2016 (Printed Nam Residing in C a6 My Commission E res /201�11 ACCEPTED: °B'' CITY BO (y k o a ? City Manager ATTEST: City Clerk STATE OF MONTANA ) ) ss. County of Gallatin ) On this iJ' day of kNr1 uM- , 2 OK-, before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKI and , e IN CjQ.0LA&j4 known to me to be the City Manager and Poput}City Clerk for the City of Bozeman and the me 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. (SEAL) -• �\ICFIy ' Notary Public for the State of Montana .)i Montana iC�c.�SG+'� _ -. - ''Montana (Printed Name) ;.N.tiI:AI. P '>yes. :7�on Expires: Residing at Bozeman, Montana `,, � `_ ,o,2020 My Commission Expires: a, / - /20 -cc PEARL MICHALSON Nolary Public 4 Np1ARlq"•c for the State of Montana *; Rosiding at: �J'�•, SEAL.;r; Bozeman,Montana �y`►i� ' My Commission 2 Expires: EXHIBIT UTILITY EASEMENT WITHIN A TRACT OF LAND LOCATED IN THE SW 1/ OF THE SE 1/4 OF SECTION 24, TOWNSHIP 2S, RANGE 5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA AS RECORDED ON C.O.S. 482, CONTAINING 28.759 ACRES PREPARED FOR TRUSTEES OF GRADE SCHOOL DISTRICT #7 MAY, 2016 PREPARED BY S A N D E R S O N S T R AQ%f BOZEMAN, MONTANA UlIL ESM.TY;' �ESNT. 48.62' � > N'72'07'40" E !, r EXISTINGSACAJAWEA / J` MIDDLE SCHOOL 0 _ 3° UTILITY ; ESMT POINT OF UTILITY EASEMENT ' / BEGINNING Q EASEMENT q UTILITY I 3: EASEMENT Q S9 f oo a /'l TRUSTEES OF GRADE SCHOOL FE %, o / C DISTRICT #7 � Kfi � 30.00 I � � � 299 33 P.O. BOX 520 TYP A� N 30'02'42 W v BOZEMAN, MT 59771-0520 `� ) 6�1 n R / i\� SHELLEY do UTILITY EASEMENTg� UTILITY EASEMENT C.O.S. 482 / CORDON VANCE t28.759 AC. � 305 STILLWATER AVE PLI ZONING aN 30'091 k BOZEMAN, MT 59718 � / T UNPLATTED so o so too - SCALE:t'=tar NORTH 15O74_WiR ESMT EX A_PROD.DWG 15074.01 05/03/16 WRS