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Home My WebLink About98- Barnard Sewer Pipeline Easement and Agreement ~ '" ., . \0 , . , .. 'I . ~. 198 ~rl;St3~}80 ,II \II I I ~ . SEWER PIPELINE EASEMENT AND AGREEMENT Timothy Barnard, Post Office Box 99, Bozeman, Montana, the GRANTOR, in consideration of One Dollar ($1. 00) , and other good and valuable consideration, receipt of which is hereby acknowledged, grants to the City of Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59771~ 0640, GRANTEE, its successors and assigns, an easement to lay, construct and maintain an 8" (eight inch) municipal sewer pipeline with the usual services, connections, manholes, accessorles and appurtcnance:3 for the purpose of transmittinC] wastewater in, through, and across a stri.p of land situated in County of Gallatin, Montana, thirty ( 3 0 ) feet wide to be located on the following described real property: A tract of land In the Northeast one~quarter of Section 6, Township 2 South, Range 6 East, P.M.M. , Certificate of Survey No. 893, City of Bozeman, Gallatin County, Montana. The easement is more particularly described on the attached Exhibits "A" and "B" 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 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, replace, and maintain the existing pipeline, services, connections, accessories and appurtenances. 2. Trim, remove, destroy, relocate or otherwise control any trees and brush inside the boundaries of the easement in a manner acceptable to the GRANTOR which may interfere or threaten to interfere with or be hazardous to the construction, operation and maintenance of the pipeline. THE GRANTEE AGREES: 1. That, in connection with the operating, patrolling, repairing, remov.lng, replacing, and maintaining of said sewer pipeline, it will repal.r or replace, at its sole expense, existing f(-'nces, paved E,urfi:l.cPs, L .eee's, vcqctation, peT'mi:l.nent f ixt ure f; and other appurtenanCeEJ on said land that may be disturbed by its operation to their original condition. 2 . That, during operations involving excavation, it will remove the topsoil from the trenched area to the full depth of the topsoil and stockpile said topsoil for replacement over the trench. It will remove from the site any large r'ocks or I ~ \ , - FIlM 198 PMt:3981 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 the same condition as existed prior to the beginning of operations. 3. To maintain said pipe in such a manner that will not hinder or prevent the ingress or egress of vehicular or pedestrian traffic using property owned by the GRANTOR except on a temporary basis. 4. In the event the GRANTEE permanently discontinues or fails to use or maintain the sewer pipeline for the purpose it was constructed this easement shall terminate upon written acknowledgement of the GRANTEE. At or after termination and upon written notice from the GRANTOR and if required by a regulatory agency due to environmental concerns the GRANTEE shall remove the pipeline and restore land disturbed by the removal to its original condition. THE GRANTOR AGREES: 1. . At no time will they build, construct, erect or maintain any permanent structures within the boundaries of said easement without the prior written consent of GRANTEE. For the sole pU.cposcs of this paragraph, the Lenn ":3tructures" excludes parking lots and curbing. It lS understood that if the GRANTOR desires to construct a parking lot that he shall contact the City Planning Office to obtain all necessary permits and approvals prior to commencing the work. 2. At no time will they modify the finished grade of the land over the pipeline by removal of existing soil within the boundaries of said easement without the prior written consent of the GRANTEE except in cases where the removal of soil will not reduce the total depth of cover over the pipeline to less than five feet and does not effect manholes and other appurtenances. At no time will they modify the finished q.eade of the land over the pipeline by the placement of fill material within the boundaries of said easement without prior written consent of the GRANTEE except in cases where the additional fill i'-' limited to two feet in depth and does not e> effect manholes and other appurtenances or the structural integrity of the pipe. 3. The GRANTOR warrant 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. 4. The GRANTEE may peaceable hold and enJoy the rights and privileges herein granted without interruption by the GRANTOR. The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs, 2 ~ \ ~ FIlM 198 P^.~tJ982 executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this _;} ~ day of ~ _ ~ TIMOTHY BARNAR~ ' STATE OF MONTANA ) )ss. Gallati.I1 County ) d~ 1-11 fI On this day of HPRIL ,1998, before me, a Notary Public in and for the State of Montana, personally appeared Timothy Barnard, known to me to be the person whose name lS subscribed to within this instrument and acknowledged to me that he did execute the same. Ln witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. ...(SEi\L) ~ ~k&-e "tkl () . -;". .: . NOTARY PUBLIC FOR THE ST=~ :; : r~: "--" ~, i' \ "' \.}:,::'._: ' "':"~"'.;" / Residing at Bo;zc-fVJ AN . ~"/". .:'."',;\ ",.\\:~,~."",~... ",.. My Commission expires __._~-(5-qq ACCEPTED: - " ~~- ~ - ~""".- . CITY OF BOZEMAN by its Ci ty Manager ATTEST: ~2h~ Clerk of the City Commission 3 - . , \ \ ~ . STATE OF MONTANA ) ) ss. Gallatin County ) FilM 198 PMt398.) On this ~ _~ day of __.. , 1998, before me, a Notary Public for the State of ~/ntana, _..d personally appeared CLARK / City V. JOHNSON and ROBIN L. SULMVAN, known to me to be the Manager and Clerk of the City Commission known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. In witness whereof, I have hereunto set my hand and affixed my seal on the day and year first written above. I f i~ if / .. .,.,/\. " :,' (S};ALP "."1 ___/k~:X:-(':r~ - 6L'~'':'-7'"--' /t:::l~.'~: /r., .u , . ' , , .~.. ,.~ ' ' N6TARY PUBLIC FOR THE STATE OF MONTANA ~ ,~, ,.., .- . . _. _. '- , , Residing at >/!):;C"/;"4".-rU i , My Commissiol~ e~ires --- /.9 ((~ - /,.) .. ,Y . 4 - . . . . ... ~ EXHIBIT "A" 198 PME3~J84 rlLM A portion of certificate of Survey No. 893 located in the northeast one-quarter of Section 6, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, more particularly described as follows: A 30.00 wide sanitary sewer pipeline and access easement, the centerline of which is described as follows: PARCEL 1 Commencing at the southeast corner of said cas 893, thence North 16045'46" East, a distance of 442.28 feet, to the Point of Beginning; Thence North 52043'41" West, a distance of 35.00; Thence North 32043'41" West, a distance of 424.00 feet to a point hereinafter referred to as Point "A"; Thence South 73055'04" West, a distance of 111.98 feet to the westerly boundary of cas 893; PARCEL 2 Beginning at said Point "A", thence North 73055'04" East, a distance of 35.00 feet to the end of this easement; The sidelines of said easement being lengthened or shortened so as to meet at angle points and end on the westerly line of said cas 893. Easement, as described, extends 15.00 feet beyond the terminal ends of the sanitary sewer pipeline, containing 17,527 square feet, more or less. H:\3099\ESMT#8S.FRM 4 ;; ..B--d5 Z >- ~fW-- 0 r-- ~ ~~iS~ co ~ ~ ~. rfl.. - ~i h .~ '-' 0\ 0 =- ~ 0'. ,.., CO - ""~~' , . "'~"'1 'I ~~e!~~~ ...., 0\ 0\ - ...... C') .:: ~ ;;l;~:; "'"' -. ~ ~iO~QH "'"' - a.::I ~~~,.n :::::: '-' j o fiil~ ~, 0 u ~p'~' '""' 0 '- ~ t"" ...... ::113 ~a~S:) ifJ C' < < c:: =- i -e; S ...... C f:-< - Z - '(.j........-... COS 893 z ...... ......... ...... ,- Q SiRt.t.\ ...... 10.232 .""' '-' ACRES -' - eO~ e::: Q 0 "" e~p; ...... u 0 1..'" ~a ~i ~ u 0Ci e::: I ~. C1) "" e::: ...... C"") 0 :>-: ~ <-" "'"' -. -=::: 15.00' >< >---, 0- ~U Q -' 0C1 2:3 ii .-- ~ - en O~ ....J r.n ~ C/) ~I ...... I~ 020:: "'"' ifJ x:: 0:: E::3 t < "'"' .-- --' 0 - - o <:I::: :::: Z ........ ::E ::E-C >- >-< < tf) '"" c5CB i" < P - :z :::::: ;- 0 '.' .,.... ~ .::; :: .,.... ~ .::; . '.' :::J "'" H .c::: "" H "" ~~,!~ >Ll - U:; CO !I u .'"'. 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