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Home My WebLink About03- Cape Sewer and Water Pipeline and Access Easement and Agreement .. If '. , . ~1 j I11111111111111111111111111111111111111111111111111111I ~:~;~~~:~~p Shelley Vance-Gallatin Co MT MISC 30,00 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Donald E. Cape Sr.. of 2020 Charlotte St.. Bozeman. Montana 59715, the GRANTOR(S), in consideration of $ 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, with offices at 411 East Main, Bozeman, Montana 59771-0640, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain (8) inch sewer and (8) inch water pipelines with the usual services, valves, connections, accessories and appurtenances forthe purpose of transmitting in, through, and across a strip of land situated in Gallatin County, Montana, (30) feet wide, and four hundred nineteen point two four, (419.24) feet long, to be located on the following described real property: A Tract of land located in the NE1/4, of Section 11, Township 2 South, Range 5 East, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit "A" 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 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 orderto 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 find reasonably necessary; and -' , " I11111111111111111111111111111111111111111111111111111I ~~t~~(~~:p . . ~. Sh.ll.y Vano.-Gallatln Co MT MISC 30,00 (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 patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said 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 overthe 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 surtace in substantially the same condition as existed prior to the beginning of operations except that the surtace of backfilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. THE GRANTOR(S) AGREES: (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) That where the subject improvements are not located under improved public or private streets or other provided access, a 12 foot wide all-weather access road may be constructed within the easement where at the City's discretion such access is required for operation and maintenance purposes. (4) The GRANTOR(S) warrants that they are lawfully seized and possessed of the real property described above, that they have a lawfu I right to convey the property, or any .' 111111111111111111111111111111111111111111111111111111I ~~t~~(~:~p ,,' '.. Sh.ll.y Vano.-Gallatln Co MT MISC 30,00 part of it, and that they will forever defend the title to this property against the claims of all persons. (5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this 3 day of STATE OF MONTANA ) ) ss. ) County of Gallatin OnthisJ-dayof I(.?!A~ ' 2CV..,;;:\, before methe undersigned, a Notary Public for the State of Montana, personally appeared A/'-J/ktl La /Y (\ , 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. d\ III UK H'I " , , (SC,A':) E. Co '/ ~"" O/,.. -,... . . ..0'" ... "" ..; () :'~OT AR/~i'.~:. ~*:..SEAL .:*1 ....tP.A. .~.... ......> "11";'" . . . '.-;'~ ".... //1<'" OFMO~'\\' 111111\\\\ (] fCUL- / c:f Notary Public for the State of Montana /l", - a C,/,/( LJ t..-- C ' //'e: -r .1 (Printed Name) ,_ Residing at r:63d M {..,Le- /?Jr My Commission Expires d:'-' / F, dt...o~-- ACCEPTED:,'" ~~ I. '.',,: 'II "" .. i ' '-"': ...:> .. ~.. ,'.<"'\ i'~' , ,::';""i'C~ r'~'.. " ,~IV """,\ ,t ::"S"F ' \ "^T, -i,'~ <t ~ to 1"\ '", ~\ '. ".:/' _ :.;1 }~::{/ " 1 \- CITY OF BOZEMAN by its Ci ty Manager .I . 'I 1111111111111111111111111111111111111111111111111111111 ~~t~~(:~:p Shallay Vanoa-Gallatin Co MT MISC 30,00 Cle'fk:pJ:t e,c,lty'Commission . ' f' . STATE OF MONTANA ) ) ss. County of Gallatin ) On thiV 14,{ day of ~ - , 20ll,before me, a Notary Public for the State of Montana, personally appeared CLARK V. JOHNSON and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the City Commission for the 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 first above written. ')'. ~, , '" ,; ..,l I - "-." 0 "', S '.,/.. : ",.f lSgAL:)J.. \ ...J \. >- :c d',.,. .. ~ .. . , 4. -" :>'. ~ ~ ...... .;c' :" ""'. :... .." :..... "'- . ," , " ~, / Notary Public for the State of Montana E};fh 4,) ~CU1 (Printed Name) /1 , / Residing at vi ~'7;X+7'l/ My Commission pires /t; -/,f;A'tJtJ 3-- , .. · It EXHIBIT 'A' WATER AND SEWER EASEMENT LOCATED IN THE NORTHEAST 1/4 OF SECTION 11, ' TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., TRACT 'B' OF c.o.s. 2056, CITY OF BOZEMAN, GALLATIN COUNTY MONTANA LEGEND SYMBOL + DESCRIPTION QUARlER CORNER . ALUMINUM CAP ~ WATER & SEWER EASEMENT AREA (0.286 ACRES) COMMENCING AT lHE NORlH 1/4 CORNER OF SECTION 11, T2S, RSE, PMM, SAID POINT BEING A P.K. NAIL RAISED OVER POSITION OF STONE IN ROAD; THENCE SOO.31'468W A DISTANCE OF 712.39 FEET TO A POINT; lHENCE SOO'31'468W A DISTANCE OF 60.00 FEET TO A POINT; THENCE N8T39'308E A DISTANCE OF 70.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE N8T39'308E A DISTANCE OF 30.04 FEET TO A POINT; THENCE SOO.31'468W A DISTANCE OF 419.24 FEET TO A POINT; THENCE N7T46'338W A DISTANCE OF 30.64 FEET TO A POINT; lHENCE NOO.31'468E A DISTANCE OF 411.52 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.286 ACRES. ~ N 0' I 100' I SCALE 200' I ~ N 1/4 COR. SECTION 11, r T2S, R5E, PMM 'Ul '0 ":i./q f'.)C:'f r....., .j>.' f ~t W:- VILLARD ST:-l : -- m otNBi59;~.E ~OO4' .-1 POINT bF BEGINNING -+ ~ I · ~ I --I ~ I : ~ ~---I N~_ : I: ~~~ r-- -, : i~~ 1__- I ~ ~I~ 1- -l ~ J I N77=4~(~.. I JO.64' I I .....= u >- ~ Z W w a::: C> 300' I 1111II111111111111111111111111111111111111111111111111I ~:t~:.~(:~~, Shelley Vanoe-Gallatln Co MT MISe 30,00