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HomeMy WebLinkAbout88- Sanitary Sewer Line , .. 'VI" . . ; .. ~, . I.J. . .' . . '. flLlJ 1~~6~[411S Rlght of Way Appllcatlon o. affecting the E~SW!, W~SE!, Sec. 36, Twp. 1S, Rge. 5E, Gallatin County, Montana NO. D-88lD R.I GHT OF WAY DEED ...............~--------------------- ...............~~-------------------- IN THE NAME AND BY THE AUTHORITY OF THE STATE OF MONTANA TO ALL TO WHOM THESE PRESENTS SHALL COME: Know ye that the State of Montana, in consideration of the sum of Three Thousand Seven Hundred Seventy and 40/100 Dollars now paid, grants to City of Bozeman, Montana, a Municipal Corporation and Political Subdivision of the State of Montana, a right of way for a sanitary sewer line and associated appurtenances upon and across state lands, as follows: A tract or strip of land in the E~SW!, W~SE!, Section 36, Township 1 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, more particularly described as follows: A tract or strip of land 30 feet wide, 15 feet on each side of a centerline described as follows: Commencing at the South One-Quarter Corner of said Section 36: thence North 890 35' 08" East a distance of 194.99 feet to a point on the South right of way line of a 60 foot county road being Station 0+00 (in the Northeast One-Quarter, Section 1, Township 2 South, Range 5 East) of this easement: thence North 000 30' 27" West a distance of 60.00 feet across said county road to the North right of way of said county road to the point of beginning of this easement being Station 0+60 and located in the Southeast One-Quarter of said Section 36: thence North 000 30' 27" West a distance of 340.00 feet to Station 4+00: thence North 150 00' 27" West a distance of 778.79 feet to a point on the midsection line of said Section 36 and Station 11+78.79 of this easement: thence North 000 30' 27" West along said midsection line a distance of 1,610.17 feet to the Center One- Quarter Corner of said Section 36 and Station 27+88.96 of herein described easement. The above-described right of way contains a total of 1.879 acres, more or less. The Grantee shall comply with the Montana Antiquities Act, Title 22, Chapter 3, Part 4, MeA. It is also agreed that the Grantee will comply with such rules or regulations as may be hereafter imposed by the State Board of Land Commissioners to insure that the environment will be adequately protected and the public health and safety not be endangered. In addition to the consideration recited above, City of Bozeman, Montana, a Municipal Corporation and Political Subdivision of the State of Montana, has paid to the State of Montana a deed fee of $50.00. The Grantee shall be responsible for controlling any noxious weeds introduced by Grantee's activity on state-owned land. The Grantee's methods of control must be reviewed by the Department of State Lands Area Field Office that has jurisdiction for that locale. The Grantee shall comply with the Montana County Noxious Weed !"lanagement Act, Section 77-22-2101 MCA, as follows: The Grantee shall notify the local weed board that is responsible for that geographical area that the project is located in. If the Grantee disturbs vegetation for any reason, Grantee shall be required to revegetate the disturbed area. The Grantee shall submit to the local weed board a written plan specifying the methods to be used to accomplish revegetation. The plan must describe the time and method of seeding; fertilization, recommended plant species, use of weed-free seed, and the weed management procedures to be used. This plan is SUbject to approval by the local weed board, and therefore must be signed by the chairman of the board. "~,.,, .. " . -, - . . fll~. 155PAt[4116 < 'I., l . , The Grantee herein specifically agrees that the said sanitary sewer line and associated appurtenances shall be buried below plow depth so as not to interfere with the use and cultivation of the land. It is also understood and agreed that the State and its lessees and purchasers shall have the right to occupy, use and fully enjoy the surface of the right of way hereby granted, to seed, cultivate and harvest crops thereon; and that the said Grantee and its successors and assigns shall pay any damages which may result to the crops, fences and other property or interests of the lessees and purchasers from the State by reason of the laying, maintaining, operating or removing of the said sanitary sewer line and associated appurtenances, and that the amount of such damages if not mutually agreed upon, shall be ascertained and determined by three disinterested persons, one of whom shall be appointed by the lessee or purchaser of the land, his heirs or assigns, one by the Grantee herein, its successors or assigns, and the third by the two so appointed. The award of such three persons shall be final and conclusive on both parties; and that the State and its lessees and/or purchasers will not be liable for any damages to the above mentioned sanitary sewer line and associated appurtenances resulting from the occupancy, use and enjoyment of the surface of the right of way hereby granted. It is further agreed by the Grantee that all disturbed area shall be backfilled, graded, and revegetated to the satisfaction of the State. If the first seeding of compatible grass species does not germinate to the satisfaction of the Department, the Grantee may be required to reseed in those areas open to erosion and weeds. Provided, further, that the right of way deed granted herein shall be assignable by City of Bozeman, Montana, a Municipal Corporation and Political Subdivision of the State of Montana, only with the written approval of the Commissioner, Department of State Lands. Provided, further, that this right of way deed is granted under the express condition that the Grantee's exercise of the rights herein granted shall not interfere with the Grantor's use of the adjacent land. Provided, however, that the right of way granted herein is not exclusive and Grantee shall not interfere with the Grantor and its successors, assigns, lessees or other parties authorized to use State lands, in their right, at all times to go upon, cross and recross the land covered by said right of way and any road thereon, at any point, for any and all purposes in a manner that will not unreasonably interfere with the rights granted to the Grantee. It is further Provided that whenever said lands herein granted as a right of way shall cease to be used for such purpose, the same shall revert to the state upon notice to that effect being given to the said grantee named herein. IN TESTIMONY WHEREON, the State of Montana has caused these presents to be executed by the Governor, and to be attested by the Secretary of State, and countersigned by the Commissioner of Lands, and the Great Seal of State, and the Seal of the State Board of Land Commissioners to be hereunto affixed ~is 14th ~~.~~~~~~ . A.D 19~. , Governor of the State of Montana i~'~';:/.i'. "..","',:';'l.;':,' 1<.' '. '. " '~", \It 1;"," ':,,;/ , /," , ;c, , ,',,"', r', t ';': Jf, . "., ,.,' , """ ATTEST: ,.C\\ ", ~ {W, ',' -" ,,' ',.,'/1' './ ",' ." , ' / ,- " l ,- . ,'",.' & 'f a -t:-d! .J ,"', .' " ~..,..~.A../ <'. ~.. 'A.tL-v " . \ ,"" .,- ", ' " \., ,- -';" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; .. ......., ,:.'w"''"'~ . ":",''', ~... ~ Secretary of State 'i fii..._.::--.., "'M"""';:'" ~ '" i; " , "-", '''''''" .,,~ "~ """""" ", f'l ".~~., , 1/1I' .'.. .....i' t ~.." .~~. \ Eo-i, u "'."",' , ~ ' . · t;, i " ., , " '" ' ,- , ' " . if \.~.. ..... ~;'f', ",.,.," J.G,lt igned by: ,.;j1 U "...- ~'O..I .., L . ~ '~ '," ".,.:.. ,,":~. f~~~' :,~ ,,~,. '. /, :' ~", . ,~', '.. < '~. 4')' \.,J "'"': r \ \ .iI,',.... '!'l't ".f'" ' , ~h ''4-~ ",>. .....,,;f , . . . eo .. eo eo . . .. . . . . . .~.,.----s..,y' ommissioner qf State Lands.,,; . '. ' ,t;.,_"..,,?*:,~. "".;;; . 'NOE)(W c' ,J~...'q " .~. .....,..:,;..;;...... 3 1 0 1'~' \ pu.nEO' J ~ 1';' ." . :<.t~ t. (t ",",r-r.~.; . State O! Mont., County of Ganatfn~ ss flIed fur r9G~" AUGUST 22. 1995~~":'~ :~,~',;;'. \'11~ at 3 . 23 '!- M, and recorded In BOOk_J..5..L ~I ~, DEED S PG 41lS JIllPjc'f.r"," .. i ~ SJdey M. Ch.nel _ Reeorder. Iy\. )~ va )7/) (/6f7;rnu<, tAlIq",:/;'., Ii" " ',~" FEE: $12 .00 I; ~:;;;;;;:'<i;i',~~;,:" . .> , : ':, ;,~ ";I,,,";~I"~"" ':":":~ "",:~:':", 1- ~ RT; CITY OF BOZEMAN, PO BOX 640, BOZEMAN MT 59771' ;*,.~;;:~,'~"t'~',+....' t .~ y'i'i.",\\. , . . THE CITY OF BOZEMAN 35 NO. BOZEMAN AVE. P.O. BOX 640 CARNEGIE BUILDING BOZEMAN, MONTANA 59771-0640 BUILDING INSPECTION PHONEfTDD (406) 582-2375 ENGINEERING DEPARTMENT PHONEfTDD (406) 552-2380 August 18, 1995 To: Robin Sullivan, Clerk of Commission From: Andy Kerr, Engineering Asst. Re: Wheat Drive Sewer Right-of-Way Deed .'~.'~'.~ ,,- -,-,.,,~..., ,~ While researching the easement file for the Wheat Drive Outfall Sewer J found what I believe is the original document for a right-of-way deed that we got from the State of Montana. 1 don't think this document has ever been recorded. As you usually keep originals of these things, I am returning this to you. We should also probably get this recorded. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK .. .. .. .. DEPARTMENT OF STATE LANDS TED SCHWINDEN, GOVERNOR CAPITOL STATION STATE OF MONTANA (406) 444-2074 1625 ELEVENTH AVENUE HELENA, MONTANA 59620 October 27, 1988 City of Bozeman 411 East Main P. o. Box 640 Bozeman, MT 59771-0640 RE: Right of Way Application No. 9807 EtsWi, WtSEt, Sec 36, Twp. IS, Rge 5E Dear Sirs: We have received the necessary payment in the amount of $3,770.40 for the above-referenced right of way. Enclosed please find the executed Deed No. 0-8870. Also, please return the self-addressed, stamped postcard to us acknow'ledging your receipt of this deed. Thank you. Sincerely, 0JACvWrl/ .47,k Sharon Sink Secretary Enclosure cc: CLO --AN EOUAL OPPORTUNITY EMPLOYI-R