The URL can be used to link to this page

Home My WebLink About97- County of Gallatin Sewer Pipeline Easement and Agreement l )..{. : fiLM 193 P~Cf 374 SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT The County of Gallatin, a political subdivision of the State of 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 ~nd assigns, a perpetual easement to lay, construct and maintain (sewer) pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewage in, through, and across a strip of land situated in Gallatin County, Montana, 30.00 feet wide to be located on the following described real property: Certificate of Survey No. C-41lC, located in the SW 1/4 Sec. 6, T. 2 S., R. 6 E., P.M.M., City of Bozeman, Gallatin County, Montana The easement is more particularly described on the attached Exhibit(s) A & 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 ofthe 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. c:\wpdocs\forms\eascment.mrg updated 9/97 THE GRANTEE AGREES: fllM 1~3P^n 375 (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said 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 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) AGREES 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 offill 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. c:\wpdocs\forms\easement.mrg updated 9/97 2 DATED thiS~ day of .DU'~ ~t!J2;:~?An GRANTOR Phil Olsen Chairman - Gallatin County Commission .J7~ STATE OF MONTANA ) ) ss. County of Gallatin ) On this J!'! day of .heum beY' , ~' ~ore)j'e the undersigned, a Notary Puhlic for the State of Montana, personally appeared ~ ()I ~ __ , known to me to be the Chairman of the Gallatin County Commission and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of Gallatin County. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year f.(~'1Q;bove written. ;~,'1>~~i~;~. ~~ /NqT~ ~ BqC~R THE STATE OF MONTANA -"Re~diB ~, '.': My -~e~missi~~:.exB"b-es ,~-< ;\"~":~:":~:.,~,", ,...... SEAt. ACCEPTED: Ar8E / ~ Clerk of the City Commission ,'-.,~.c;:.:::';.\-- --- CITY OF BOZEMAN by its Ci ty Manager ST ATE OF MONT ANA ) ) ss. Gallatin County ) On this /- -[''1'1 day of AiJ..u-YJ~<-"'-- , 199-1, before me, a Notary Public for the State of Montana, personally appeared CLARK JOHNSON, known to me to be the City Manager for the City of Bozeman and Robin L. Sullivan, known to me to be the 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 l1'i}VITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year Frst above written. / '1 '~ . .. ... \.. " ! i~/I/f:<- (X--:?L.-L( ___ ;/ J:::'I~L-~ //':~~~~~t~~,:~~;~ STATE OF MONTANA /. My Commission expires (t/~ -/.j< / '} SEAL - ,. c:\wpdocs\fonns\easement.mrg updated 9/97 3 . . . . . - . EXHIBIT B SEWER LINE EASEMENT LOCATED WITHIN CERTIFICATE OF SURVEY NO. C-41-C. IN THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA filM 193 PACE 37' WEST 1/4 CORNER SECTION 6: FOUND PIPE S45'17'45~E 42.24' EASEMENT AREA: 1.011 ACRES NORTH LINE OF C.O.S. NO. C-41 ~C / / , <0 C> N "):' iu. ,~. c.. , . f.... '~ 0 '<t C U 0 :::t I CO ,:...; '<t G: I 'f- U W Z ci '.- w N :::i; z N w (f) 0 i5 Ul b ci 0 w cJ Ul Z u. '::::i 0 0:: w w z '< :J ~ t;:) (, .z L.lJ 1= 3: Ul X w ,. PROPERTY LINE. TYP. ~ / " 200' I I seA L E ---=-=-_-=-=.=-__N8"09~06"E '~67.44' -_-=-=-! _ _ _ 3 -----~---------r EASEMENT CENTERLINE L .30.00' WIDE SEWER LINE EASEMENT o I 400' I POINT OF BEGINNING ", ", ,/ / " .." ._,/ /'. ./". ....,' .....J ...... /" ,,/,.. ,/ . " / SOUTH LINE OF C.O.S. NO. C-41-C 10/14/97 151m 89721 E2.DWG2 2 THOMAS. DEAN & HOSKINS INC. ENGINEERING CONSULTANTS i~~~-eo%EMAlof-I<ALJ.P~LL WAS~~~ L.EWISTON ICAMO .c.. ., .. fIL~ 19J?ACE J?8 EXHIBIT A DESCRIPTION OF SEWER LINE EASEMENT A 30.00 foot wide sewer line easement located within a tract ofland, said tract ofland being Certificate of Survey (C.O.S.) No. C-41-C as recorded in the Gallatin County Clerk and Recorder's Office, said tract being located in the Southwest Quarter of Section 6, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, the centerline of said easement being more particularly described as follows: Commencing at the northwest comer of said C.O.S. No. C-41-C, thence South 00002'21" East, along the west line of said C.O.S. No. C-41-C, a distance of810.47 feet to the point of beginning; thence North 89009'06" East, a distance of 1467.44 feet, said centerline there tenninating. The sidelines of said easement are to be prolonged or shortened to terminate on the west line of C.O.S. No. C-41-C. Said easement is as shown on EXHIBIT B and contains 1.011 acres. INDeXED -c. l-- PLAnED ,::::-; 380834 State ef Mont., County 0I8aIIII1IL II Filed for reoont DECEMBER 24. ,19~ at 9:42 AM., and recorded In Book 193 of MISCELLANEOUS ---"page 374 ..:She.llel) <1Ian~ . ReCorder. By. 211 Lal (J C!l~J\J\,<V)(i'Yl Deputy FEE: $30.00 RT: CITY OF BOZEMAN