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Home My WebLink About94- Bozeman School District No. 7 Sewer and Water Pipeline Easement and Agreement . '. . ~ '.. SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Bozeman School District No.7, of Bozeman, Montana, the GRANTOR(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 Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT, 59771.0640, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting 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 30' wide water line easement to the City of Bozeman, being in a portion of Lot 4A of Minor Subdivision No. 221A, situated in the SWYi of Section 26, T.IS, R.5E P.M.M., Gallatin County, Montana and being further described as follows: Beginning at a point which bears S 89044'21" W, a distance of 368.56 feet from the southeast corner of Lot 4A of Minor Subdivision No. 221A; Thence from said True Point of Beginning S 89044'21" W a distance of 30.01 feet; thence N 00047'56" E, a distance of 1021.60 feet; thence N 89044'46" E, a distance of 398.57 feet to the west Right-of-way line of Roxi Lane; thence along said line S 00047'56" W, a distance of 30.01 feet; thence S 89044'46" W, a distance of 368.56 feet; thence S 00047'56" W, a distance of 991.60 feet to the Point of Beginning. Said easement being 0.957 acres or 41,705 sq.fL 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 Bus Bam Page I 1111111111111111111111 ~~,~~F:?~ Shallay Vanoa-Gallatin Co MT MISC 30,00 ufr] Bus Barn Page 2 find reasonably necessary; and (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. THE GRANTEE AGREES: (I) 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 trenchcd 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 thc surface of backfilled areas may be mounded sufficiently to prevent the formation of depressions aftcr final settlement has taken place. (3) To lay, construct and maintain said pipeline in such manner as will not hinder or prevent the proper cultivation of the tract to which this right of way is hereby granted. THE GRANTOR(S) AGREES: (I) 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 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. (4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). 1111111111111111111111 ~~;~~F:? ~~ Shelley Vance-Gallatin Cc MT MISC 30,00 11111111111111111111 II SMelley Vanoe-Gallatin Co MT MISC 30,00 The terms, covenants and provisions of this easement and agreement shall extend to and be 2028271 Pase: 3 of 5 01/11/2001 03:30P binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this /7-tt1 day of .:fa- ~ / ,2000. ~~~ GRANTOR, .L ozeman School District No.7 Bus Barn Page 3 By: Michael Redburn Title: Superintendent. Bozeman School District In INDIVIDUAL STATE OF MONTANA ) ) ss. County of Gallatin ) On this / J'1}- day of va "-1 ' 200Q before me the undersigned, a Notary Public for the State of Montana, personally appeared M /(J II fiG.: L RED 8 L{ YL~ , 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 his representative capacity for Bozeman School District II 7. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. ,,)~EAL) ........ '\ <:..... ~rJ.0~ .o.d~~ Notary Public for the S~ontana Residing at Bozeman, Montana My Commission Expires C1j{)/l( L /3/ 2€.)oi/ NOTAfW PUBLIC for the State of Montana f~esiding at Livingston, Mont na My Commission Expires 1{ 13 .;taD" ..... "'1.,. -"., .. .,~ . ;- - \' \<' ...:,! ~~. '1',"' "" ":":1' \~\ \'. f""'1 /C:" .'- ~",,"'1" ~...~ ~t' , ..ot....J'./f .'.~f'fi''''' -l~l/~;" I ~ I , . . . I . . , . I . CORPORA TE STATE OF MONTANA ) ) 5S. County of Gallatin ) On this, day of ,20_, before me the undersigned, a Notary Public for the State of Montana, personally appeared, , known to me to be the of and the person whose nanle is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana Residing in Bozeman, Montana My Commission Expires ACCEPTED: \ \ ,_"m___,'__~\ ~--,."--____~ CITY OF BOZEMAN by its {!t /JJ~r ATTEST: (j~ ':/-LB!~ ~ Clerk of the City Commission STATE OF MONTANA ) ) ss. County of Gallatin, ) ~ On this l'r' day of {/<~,.d , 20L, before me the undersigned, a Notary Public for the State of Montana, per nally appeared CLARK V. JOHNSON and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the City Commission for thc City of Bozeman and the 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 flrst 'above written. (SEAL) , . I / ,/ ~ Lj' 1/ /' , /~ '/// j (;-r' / / /J ):.__d~ U----p0-rA....j . ,k~'~A- /'''Notary Public forhe State of Montana / Residingat \LZ~ My Commissio " xpires " -/J-:'JiJ Bus Barn " '" "' " "" " """ ~~;~~F:? ~p Sh.ll.y Vano.-Gallatin Co MT MISC 30,00 Page 4 . .. .. EXHIBIT "A" A 30' WIDE WATER LINE EASEMENT TO THE CITY OF BOZEMAN, BEING IN A PORTION OF LOT 4A OF MINOR SUBDIVISION No, 221A SITUATED IN THE SW1/4 OF SECTION 26, T.1S., R.5E P.M,M" GALLATIN COUNTY, MONTANA AND BEING FURTHER DESCRIBED AS FOLLOWS: Beginning at a paint Which bears S 89'44'21" W 0 distance of 358.55 feet from the southeast corner of Lot 4A of Minar Subdivision No, 221A; Thence from soid True Point of Beginnin9 5 89'44'21" W 0 distance of 30.01 feet; Thence N 00'47'55" E 0 distance of 1021.50 feet; Thence N 89'44'45" E 0 distance of 398,57 feet to the west Right-of-way line of Roxi Lone; Thence along said line S 00'47'56" W 0 distance of 30,01 feet; Thence S 89'44'45" W 0 distance of 368,56 feet; Thence S 00'47'55" W a distance of 991.60 feet to the Point of Beginning, Said easement being 0.957 acres or 41,705 5q. Ft, LOT 1 OF MINOR SUBDIVISION No. 221 ~ SCALE: 1"=100' "" J ~ 0- . -c < .. ~ o . I G) .. 0- .. -- ::J n o 31 --f 31 "" n (,) ($I ($I ($I ~~N :::: c,g ~~N ~D CO --N ~ UI ...... ~ .... "U '''-. "'''-. '----~ "-.. ~ ~, ~ ~, N o ..- I I I "-. "I ~I I I N89.44' 46"E 398.57' - S89.44'21"W L 30.01' S89.44' 46"W 368,56' 30' 65' WIDE PUBLIC ACCESS AND UTILITY EASEMENT I 3D' WIDE WATER ~ LINE EASEMENT TO I CITY OF BOZEMAN I I I ~I ~I~ I '.."-. ::1 ~I ,...... ~I (1)1 I I I I LOT 4A OF MINOR SUBDIVISION No, 221 A BOZEMAN SCHOOL DISTRICT '. " ~ "-.. ~ "-. ~,. ~ / HIGH PRESSURE GAS LINE EASEMENT PER BOOK 100, PAGE 408 ~ ~, ~" ~ '----"" '''-... ~, ~ OWNERS BOZEMAN SCHOOL DISTRICT No. 7 EASEMENT AREA GROSS AREA: 0.957 ACRES or 41,705 Sq. Ft. 55' WIDE PUBLIC ACCESS AND UTILITY EASEMENT - Point of Beginning S89'44'21 "W 358.55' TRACT 1 C. OS No. 2050 RONALD DA VIS S. LINE SEe. 26 N, LINE SEe. 35 ...., '----.." '~ "-."-.. .......................~ '---- SOO"47'56"W 30.01' w ~I ....J x o a::: l"l ~ lu ~ I~ '" I~ ~ Vl I '" ~ "g: -~ aJ 1- f'" " , as t; ~ "-' "Vi <.J ~d ~ Lie: ~ (j I S1/4 COR SEC 25 FND 1 3/4" I.p, fW/2" BRASS CAP JUNE 13, 2000 99-506-4g,DWG