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Home My WebLink About99- Cook of CMM Partnership Sewer Pipeline Easement and Agreement · "~' JJJU.!!JLJII JlLllIlIl ~?'.~~~:~.?, SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Gene Cook, of CMM Partnership, 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 a sanitary sewer pipeline with the usual services, cOlmections, accessories and appurtenances for the purpose of transmitting sewage in, through, and across a strip ofland situated in Gallatin County, Montana, thirty ( 30 ) feet wide to be located on the following described real property: Stadium Center Subdivision The easement is more particularly described on the attached Exhibit "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 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 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 GRAN"fEE AGREES: (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sanitary 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. 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 ofthe 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) 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. (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. 2 11111111111 \ Illlllllllll ~~~~~~: ~?" Sh.ll.y Vano.-Gallatin Co MT MISC 30.00 \-- CITY OF BOZEMAN by its Ci ty Manager .. '.. DATED this L day of ,1931 j~ GRANTOR PARTNERSHIP STATE OF MONTANA ) ) ss. County of Gallatin ) On this ~ay of 1 b1lt ~) , 19(("{ , before me the undersigned, a Notary Public for the State of Montana, personally appeared, Gene Cook, known to me to be a partner of CMM Partnership and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of CMM Partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. .')-""""", r ,'~ ~SJ;AL j/' \\ , J 1 "~I <#- ,'i") ~t "ll '. : . , - " .-( " 1 ; n \.., !\ , j' ~' ':'1_' l,~ " " N t Public for the State of Montana Residing in Bozeman, Montana My Commission Expires </-(e;...2.tJ():2 ACCEPTED: ATTEST: ~.:I~ Clerk of the City Commission ST A TE OF MONTANA ) ) ss. ) County of Gallatin '/CI(/ On thi~~~ ;t9: before me, a Notary Public for the State of Montana, personally ared CLA V. JOHNSON and ROBIN L. SULLIVAN, known to me to be the City Manage 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. ~~. ' '-., ~..~ i:: j ". .. 4-" '.!, \ 'A ft otary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires: 4 -/.J-:C J I' )~,. I v' :...() ,-4. /',. .-.,'."\"', I/,.( " / ,.,,~, r lS~L),; ,. l " T ;.. ,.1 · l'" . 7. . :;<.... <::. .,., 3 \ \,,\\\ "Ill \\111" III 111\1 1"11 1\11"\ III "I" \\\1 \"1 ~~;~~~;~.?, Shelley Vance-Gallatin Co MT MISC 30,00 , ); 1111111111111111111111 Shelley Vance-Gallatin Cc MT MISC 30,00 2005217 Page: 4 cf 5 01/18/2000 10,44~ EXHIBIT A Page 1 01'2 An easement within Stadium Center Subdivision, Bozeman, Montana, located in the Southwest Quarter of Section 13, Township 2 South, Range 5 East of the Principle Meridian of Montana, Gallatin County, Montana, and being more particularly described, to-wit: Commencing at the Northwest Corner of said Stadium Center Subdivision. Thence South 00030'22" East along the west boundary line of said subdivision, a distance of 181.91 feet to the True Point of Beginning. Thence North 82016'17" East, a distance of 168.25 feet to the northwesterly boundary of a 30 foot wide easement for water and/or sewer mains. Thence South 46045'27" West along said northwesterly boundary, a distance 01'22.58 feet to an angle point on said boundary. Thence, continuing along said boundary, South 00020'25" East, a distance of 17.03 feet. Thence, departing said boundary, South 82016' 17" West, a distance of 141.21 feet. Thence South 34042' 19" West, a distance of 17.67 feet to the west boundary line of Stadium Center Subdivision. Thence North 00030'22" West along said west boundary line, a distance of 43.39 feet to the True Point of Beginning. Said easement containing 0.1071 acres. ~.r \ I I I I \ I I I I I \ I \ I I I I I I I I I 1.. T \ I I I - II I~ I \ 19 \.oJ I I I I I I 1 1 f-\ ~I l7i\ <( \..1 o LuI gl w :[1 I I ~I \ I VlI _,_,_.,.u._' (!)~ I 1 \ \ \ \ 1 I~ I~ W \....::1 15 $:Q I I 1 IE-< Ui W ~ 'M'O'd ,06 Ct:: , ~< .z '" Ct::W LoJ U Z Ct::L o=> u- o 1 3: ;:s /ZVl -.......::............... 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