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Home My WebLink About86- Smith Easement 1986 fltM 94 PAGE 4601 STORMWATER PIPELINE AND DETENTION BASIN EASEMENT AND AGREEME~T ROGE~ H. and ROSALIND I. SMITH, a married couDle of 2305 Durston Road, Bozeman, Montana 59715, G~NTORS, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is acknowledged, grant to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main Street, Bozeman, MT 59771-0640, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain stormwater 9ipe- lines, a stormwater detention basin, oil and sedimentation separator, outlet facilities, connections, accessories and appurtenances fo~ the purryoses of transmitting stormwater in, through and across a portion of land situated in Gallatin County, Montana, to be located on the following described real property: NE~, Section 2, Township 2 South, Range 5 East, City of Bozeman, Gallatin County, Montana. The easement boundary is particularly described on the attached Exhibit "A", which by this reference is made a 9art 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 GRANTORS in order to survey and establish the route and location 0:1: the easement and stormwater improvements and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace and maintain the pipeline, detention Dond, oil and sedimentatin separator, 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 and stormwater improvements; (3) Grade the land subject to this easement and extend the cuts and fills of this grading into and on the land adjacent to ", -2- f1LM 94 PIGE 4602 that which is subject to this easenent 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 that: (1) In connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing and maintaining of said stormwater pipeline and improvements, it will repair or replace, at its sole expense, or pay to GRANTORS 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) During operations involving excavation, it will r~~ove the top soil from the trenched area to a depth of one foot, or to the full depth of the top soil, whichever is less, and stock pile 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 GRANTORS agree that: (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) The GRANTO~S warrant that they are lawf~lly 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. - fR... 94pMif 4603 -'3- (3) The GRANTEE may peaceably hold and enjoy 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, administra- tors, personal representatives, successors and assigns of the parties hereto. IN WITNESS J 8-~ day of rhfl- WH~REOF, the S~d parties , 1986. DATED this of the first part have hereunto set their hands and seals the day and year first above written. ." ~JJ~Q .:t ~L ROSALIND I. SMITH STATE OF MONTANA County of Gallatin ss City of Bozeman On this /8t1t day of Notary Public in and for s and ROSALIND I. SMITH, kno are subscri~d to the within that theyex'~cuted the same. 1986, before me, a tate, personally appeared ROGER H. o me to be the persons whose names instrument, and acknowledged to me ,."i\ . ,~H1'1t1ft." :r \",., '/'pI,,' \' "", " A, iC 00" ~I\o" ' " \~ ..,....... :..c. ..~. ., ,,' ,:::>'''' . ".;' '. '. 'S. .:''1\\)\A~/A{i\,':,\ , :' 's'" r.f/1\''l''~' :)() ~ ' \ \,~~~,7.i""'} . d" . .. \.,~ ~.. . '~JII'" ".,1:.....:*'~:*_~~i~lI.A,. '.."",,,: ".',1#t~,! OF, ,140:.:~.~"~ 1.1OU....... "] Y ubI' the State i of ontana Residing at Bozeman, Montana My Commission Expires: /Ofl-R'I CITY OF BOZEMAN ..._'~.---... , -. '\ \ /' l \.,/_ \. , .) j'[ \\J. ,",,-,-"\! .' , .- '-..' -. By '< ...~ ct_V\I'X .L' (--- Its: ity Manager ATTEST: ;--1'1, '>.::.,....-',," , ',:.,/ ,;' _/ I ,_>J,'i, ".. Clerk of the Commission STATE OF MONTANA County of Gallatin ss City of Bozeman On this 27th day of October 1986, before me, a Notary Public in and for said State, personally appeared JAMES E. WYSOCKI and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to "':4- - FILM 94 PAGE 4604 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 Notarial Seal on the day and year in this certificate first above written. ~.... "'; >. ~ .' . "")\ ,. :.':'; 'J~, .~."."t~;.""""}'l~~.\.':" "".~s~'\' ""'~"'H~ '.I:~\;'.:,~ "",'~\\ ",r~l.':i~: .1~.A~"j:r')'::, ,.' <::J ~.'" );~""f~"'7~' .,d, :"~,,"~\~RIA'!Ii,, \1 ...J' ~';Ii!I! S ' ~b -e:i.t, J[{/i \ ~"p.~,:..~, ,~!}J;~.;: f . ~ II '~?\' "i~:;j>;/-,~:'.fl~~.~'..~ ; '. '~4' .~- -_:~.:'..-.~ ",<-..$ "'" r~OF "'~'~'''''\ ~'~~i ' ,"1/1..., ."'..~"."..t\ ~C?~ Notary Public for the State of Montana Residing at Bozeman, Montana C My Commission Expires: .1./-30-4-6 ~OEXep ;'LAH't... I 13allatln. 55 tiied tor record M_, and recorded In Recorder. By page- ~ flUIl 94 PAGE 4605 EXHIBIT "A" STORMWATER PIPELINE AND DETENTION BASIN EASEMENT AND AGREEMENT ROGER H. AND ROSALIND I. SMITH City of Bozeman Beginning at a point on the northerly right-of-way line of Oak Street, said point being N89011'08"W a distance of 1288.68 feet from the southeast corner of said northeast one-quarter of Section 1 (east one-quarter corner Section 2); thence along said northerly right-of-way line of Oak Street S89022'10"W a distance of 150.00 feet to the southeast corner of the park in Annie Subdivision Phase I; thence along the easterly line of said park through the following courses: N 120 06' 48" West a distance of 95.49 feet; N 090 39' 00" East a distance of 147.93 feet; N 290 52' 26" East a distance of 24.22 feet. Thence N89022'10"E a distance of 130.31 feet; thence S00037'50"E a distance of 260.00 feet to the point of beginning. Said tract of land being 0.9287 acres. I:~ 164715 , State of Mont., Colft1ty of Gallatin. 99 Flied for reoord December 1st ,19 86 at 11: 22A M., and recorded in Book 94 of MISCELLANEOUS pege.Jt&Ol g~u d? 9YlM Recorder. By /~-;r?~z!; C? ~t?G Deouh' Rt: City of Bozeman $25.00