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Home My WebLink About96- Big Sky Family Trust Development Partnership Sanitary Sewer and Water Easement Agreement ,. .. fl' W is.] rr\SE 324 i~. ' SANITARY SEWER AND WATER PIPELINE AND ACCESS EASEMENT AGREEMENT Big Sky Family Trust Development Partnership, ^ General Partnership, of 10 I Billion Place, Bozeman, MT 59715, the GRAN'fOR(S), in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) to the City of Rozeman, a municipal corporation of the State of Montana, 411 East Main, P.O. Box 640, Rozeman, MT 59771-0640, 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 strip of land situated in Gallatin County, Montana, 20 feet wide, to be located on the foIl owing described real property: LotI, Block 2, SPRING MEADOWS 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 W 1/2 of See, 19, T, 2 S., R. 6 E., P,M,M" and containing 34,166 sq. feet or 0,7843 acres, The Easement is more particularly described and shown on the attached Easement Exhibit which by this reference is 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 aJl 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 casement 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 casement 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, patroIling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water main > rll~ lSJPACf 325 and sanitary sewer 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 backfi lied 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 b'Tanted, The GRANTOR(S) 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) 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) The GRANTOR(S) warrant that they are lawfully seized and possessed ofthe 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, (4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein b'Tanted without any interruption by the GRANTOR(S), The Terms, covenants and provisions of this casement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto, DA TED this :26 -Ii day of SffPTEM (SER... ,1996 ---------- GRANTORS: Big Sky Family Trust Development Partnership, A General Partnership SIGNED ..... ~ L ,{)~._ Candis L. Dorscn, General Partner . . . STATE OF MONTANA } } ss_ COUNTY OF GALLA TIN } fILM 193 PACE 326 On this _2!1!day of <)UrfrlfJlCIJ.. --. ,. .",' ... ., _, 1996, before mc, a Notary Public in and for the said Statc, personalJy appeared Candis L. Dorsch, Gencral Partner of Big S~y Family Trust Dcvelopment Partnership, known to me to be the person whose namc is subscribed to within this instrument and acknowledged to me that she executed the samc, In witness whereof, I havc hereunto set by hand and affixed by official seal the day and year first above written, ~ . . (, 1 .. ':....,. '\ ,: ,'> _,." ':~:~:::NQ!~~;Y P BLIC !:9R THE STATE OF M-ONTANA ,;" ,-,.. Resldmg at 6tJWfYLA;-.J ;Vt! '.'~, .,.... MYiCo~~ssion expires c;-IO~'qq Q... 1;. t' - . :~ ,f':'-'\.. \..,.- ~.: -""I v .,..-- ,,-~ 'j. .. /.!' ~~~ f"f.."\ .. ./.. ..... ,,!;E-AL: / ~ () " ACCEPTED: \ .., '{F \ ~. ~:._' --' . l '., .~_. '-..\ CITY OF BOZE N by its City Manager A~~ ~~ Clerk of the City Commission STATE OF MONTANA } } ss, County of Gallatin } .~0 . ,Y <I \.. .__ i / .,,_.' 1996, before me a Notary Public On thiS // day of __. //t-L:r!(;'/i(.lU-( for the State of Montana, personally appeared James E. Wysocki and Robin L. Sullivan, known to me to be thc City Manager and Clerk of the City Commission, and known to mc to be the persons whose names arc subscribed to within this instrument and acknowledged to me that they executed thc same, .--<~A..,......I. ," -----....-. ,,-- 'R THE STATE OF MONTANA ,I'i , f: \c& h \ 9(, \ 9(,09 5\otl'icc\ca semen! . . . .,- <II , 'lI filM 193 PACE 3....7 J:, " I " ~ ~i ~I I~~: j >~ ~! ~ ~; I k~:~ ~ I -''' 1~~r.~ I ~! I ." l~", 11~~....: ~__j :,; t "'J6 I ',---- I ,. ,..,..' r-< ';,~ I .. r' m o' j , . :;; .. I i~\\ ) :.;~. ;, '., ,'1 ~ :1' ::; / -=-" ,., I ".<';1./>.; I- I ...1/ \ ~!1t.i.lo~~ I "''-... .-- ~, ,.~ I ..../ 'r~ '" I I I "I" I .. ,J...' I I I , .- I ,,' I 0 L ~ I r.1J , G,I I Q '" I -' >.1 '" '" ;:~ f...... \,.-- -, I. -- ,~. ,. ~~, u <. " I ~ '" I C) C) ~I ". I 'd !~YJ ,Un,1.11 ,~- -- --J -- ,,', I tr) '" " ~ c:a & , " s: I I ~cs [, I 0l ~ 5 ., I ri I c:a I ~ j f-- :::) I 10 C) tr) I (,;.I .1 --J 'IJ , I I ..... L..... ~ I ~ C) I , a I , I <: t:::::l I C) W I II 'i., ;'i ~ h: I 0 \h ~ I ~ I ., Q: I \~"i Ol~ I O~.. C) (:) Cl ~ I ..J CIj <: '" -- I '<::( 0::: I l5 ~ r.j ,.. I Ow (:) tr) ., I Oz <: 111 ".'!..' I ' OOX ; i:J ,..J I u:N ..- ~. .J'1 'II ,I I CtJ ','I. I Ow . :1' I' I OZW I 00<1: l '~\ I u:N '" I ;. " I I ,.'1 I " :\ ::! .j f.~ T:' ~ .t...a:> 'I. ,.'; " ~'; '" -, 0'" , ~: I;,:: : ]; ~: .~' ~. t.....} ~....~ --r::..- ~:::6'; ~ I~ t <,n r~ II ~' .......:; I I ~ 'l;J r-l.... '" ~" n ~. ,. c) ,,' ? ("..j .! ~~ w . t~ T. 1 t; _1. ;~' ~; ., oj::-. . .~..~ ~ :: <, J :;: ~'~ ".'/ ~.~: '" .",! kJ;::: j~~ , " tt ~l ~~. ~ ~, .... l0- t ; ,; ;); ~ W W Z. 'I. e;:: .... .....; i:l:; "" ~ , 11"1> '" 0" y~ ~~ " we;; I ~ "'" ~ ~'.. .,,'.1 ~ (,.1 ,- '0- . -.... " ' , ~ ~) ~- -- ,. ...:; .(! '" ~TJ ~!~ OJ ~ ~ " " Vj " P-;:=:1 . ~ i J, t~ VJ I '11(0 1\ If 11. -, 5 ('1- -'~ li:il ., t~J ~ iJ UI.=:!:.- ,.~ _~ _.,y=";',t..::.'. ,.-:r.-: -"':".- , 0 ,~~~ 380828 INOEX~:D TlIIS INSTI~UMENT WAS foILED FOH HEC~OIU) IN TlHS OFFICE ON PLATTED ( 1/ TIlE 24TH DA Y OF DECEMBER , A.D., l!l~~ OFFICE OF COUNTY TtECOHDIm ) COUNTY OF GA LLATIN ) AT 9:36 AM., AND WAS DULY RECOHDED IN l100K 193 STATE OF !\10N'I'A N A ) OF MISCELLANEOUS HECORDS, PACE 324 IlY --8-0 u Ii IJ. (\~ ~- Fcc $ 24.00 dlU1~y rv artl'!e HECOHDEH, DEPUTY RT: CITY OF BOZEMAN