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Home My WebLink About95- The Community Food Co-op Sewer Pipeline Easement and Agreement . . fiLM 168PACf3098 SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT THE COMMUNITY FOOD CO-OP , of BOZEMAN. MONTANA, the GRANTOR, 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 sewer pipelines with the usual services, connections, accessories and appurtenances for the purpose of transmitting Sewer in, through, under, and across a strip of land situated in Gallatin County, Montana, Thirty (~) feet wide to be located on the following described real property: Lots 8-11 and the east 20 feet of Lot 12. and all of Lots 14-19. Block G. story's Addition. The easement is more particularly described on the attached Exhibit(s) 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(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; '.. , , filM 168PACfJ099 (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 (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. THE GRANTEE AGREES THAT: (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said Sewer pipeline, 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 backfilled areas may be mounded sUfficiently to prevent the formation of depressions after 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) 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 , \ filM 168 PACfJiQO (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) . 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. /0 DATED this day of af&~ /. , 1995. dfi~ G R STATE OF MONTANA ss. GALLATIN COUNTY On this day of , 1995, before me, a Notary Public in and for the State of Montana, personally appeared Ii (LL~ U) i \iZ VYl r141{J , known to me to be the General Manager of the Community Food Co-op whose name is subscribed to within this instrument and acknowledged to me that he did execute the same for an on behalf of the Community Food Co-op. In witness whereof, I have hereunto set my hand and affixed my ~fficial seal the day and year first above written. N~(VllB{{t Fk~i~ OF MONTANA Residing at l~[a{Jl/)/(? 1/ ));' r My Commission' expir'es V j '1/ (/ () 'SEAL \'~' ~fn"Pf"r"", .' ~'^'1T"':."" ",,/'<.\ \. r,t~/~'I//.., " ~ ^" " .~ ,7 '.. f~ . <\)10..,. ...\ ::. :::: 0 . ..:v.' -:;. ~-.'. ,," ..... ~ 0 :;'<;)' 1f':' : ~ =ct;~,~ .,.. :,; -::. -\~'1.. ):: ~.. '._,;~" ',' I,,': .. ~ -- ... \ ... " ~,l .~" ....... .... ~ i!- '.'. ..'..'.: .." ~ ....... ....,...","'" ,... r ., I n \ ~', \ ~ .,t,"" "'illl",'to';'.l,t..'" \. ACCEPTED: C f21i J ~ Clerk of the City Commission 3 . .,' fiLM 168 PACE31Pl STATE OF MONTANA ) 55. Gallatin County ) On this Jot! day of NaVemblJu , 1995 , before me, a Notary Public for the State of Montana, personally appeared James E. Wysocki and Robin L. Sullivan, known to me to be the City 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 Nij;~ on the~ay and year first written above. _1 it l!JunllAJ.,fllJi / OTARY P~BLI FOR THE STA Residing at My ~~ssion e ,oIi'AS~" '~~ ~!l~ Iff" ;~~.", ~v /' . , ~". .~ ~p.~fAl. ~~, -\. "1:'. ,+n I ":c. ~~, .' 'Ie ~ \. _"~:~~ ; I ".. fS'- 1~ "'-...,..,'" .. ~l',,,,,,, .1'''' .."'1 !lo." __1;..1(' J '. .. J .... . ~>>-,,' ..:'::."'7"-"'''~''':'~'r . 4 EXHIBIT A DESCRIPTION OF EASEMENT fiLM 168P~CfJl02 · . .' A perpetual easement 30 feet wide through portions of lots 8- 12 and 14-19, Block G, Story's Addition to the City of Bozeman. Said easement being used for public utilities in the Northeast quarter of Section 12, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana. The perpetual easement is described as follows: Beginning at the Northeast corner of Block G, Story's Addition to the City of Bozeman; thence South 00021'32" West, along the Westerly Right-of-Way of South Ninth Avenue, a distance of 128.96 feet, to the TRUE POINT OF BEGINNING; thence North 90000'00" West, a distance of 140.09 feet; thence South 00023'17" West, a distance of 8.98 feet; thence North 89058'56" West, a distance of 40.03 feet, to the Northwest corner of Lot 14; thence South 00023 '47" West, a distance of 21.03 feet; thence South 90000'00" East, a distance of 180.13 feet, to the Westerly Right-ot-Way of South Ninth Avenue; thence North 00021'32" East, along said Right-of-Way, a distance of 30.00 feet, to the TRUE POINT OF BEGINNING. Said perpetual easement contains 0.1158 Acres. ... ,#: ,. ~i ~u i~ ~.~ i~ \.lEST MAIN STREET fiLM 168 PAU31P3 ," -. '1-" -.. -.. r" -.. -. '1" -.. -.. -,.. -.. -..\ : IEXHIB+T B I I j I I [ I I [ I 10 I 9 I 8 j~ I ~ lru 'JJ:(") ~I ~!~ __ ru.9 a I -!~ ~ I I I ~ PDIJT DF~I 8.98' I (J ~ I BEG~NNING ~ S 00923'l~7\.1 J 140,09' ~ / . ~~.7.~~~ ~-.~~~;. . . . . . . ~~.7.~~~B"' 9q~(}-Q'99;1~~~.. ~~-:-.7,~~~~'~' .,~ )- 'z. 40,03 ..---,-,-.[ . , .. . ,........1. '. . . . . . . . .1. . . . . . . ~ru ~~~ ~N'.'.~:~'~~(~~".~'.'.'.'.'.'.'. ..,.. .' ...... .....~..~..~..~..~~...~...~...~.~~ n 1= bi '1' . . . .. . 1......... I" " ~ "r' . . . . . . . . I . . . . . . . . . I. . . . . . . . g,(\J ~ <: ~.... .21,.03. . . . . . . . . . . . ("":\ "" -.. .................. 1 . , . . , . . . . ~ w :- . . S '0'0~23' 7(/. VI. . . . . , . . \..J . . . . . . . . . . . .. .................. ':0 r~~~~~-~~~~~~~~~-~~~~~'~-~~~~~&~~~~~~~~~~r~~-~~~~~~l~~-~~~~~~~1Z : I : w ! I I I I [ ~ ~ 14 I 15 I 16 I 17 I 18 I 19 !~ ~ I ~ I I I I ~ ~ I I Z I I I I LEGEIND I i ~ I I I -----l--------- I EASEMENT I ~ I I I - -I ~ - - I :::::::: t::E ~ I I I I I I I 0 I 30' I 60' I I I i I I If I I I I I. I I ~ . . _ . . _ . . _ . . ~ .A _ L. ~I. . _ . . _ , . _ .1. _ . . _ . . _. .1_ ,. _.. _ ..1, . _ .. _ .. J \.lEST BABCOCK STREET I 12 I I I 11 EXIf3TING BUILDINGL 90~ WEST MAIN S[I REEf --l'N~~IT-- PLAnE c. THIS INSTRUMENT WAS PILED FOR RECOHD IN TfITS OFFICE ON :3a527J OFFICE OF COUNTY RECORDER) COUNTY OF GALLATIN ) STATE OF MONTANA ) Fcc $ 36.00 SulIe, II. Eb8ll1l THE 25TH DA Y OF NOVEMBER , A ",g"" 1~) 96 AT 9 :03 A M., AND WAS DULY RECOI{DED TN DOOK 168 OF MISCELLANEOUS RECORDS, PAGE 3098 RECORDER. BY bll,.J/l.f/j) 9L,.-;.J~ DEPUTY RT: CITY OF BOZEMAN