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Home My WebLink About92- Gallatin County Pipeline Easement, 1992 '; . . ... ( . , PIPELINE EASEMENT AND ACREEMENT GALLATIN COUNTY, a Political subdivision, of FILM 129PACf28J9 Gallatin County, 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 a SEWER pipeline 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, Thirty ( 30) feet wide to be located on the following described real property: See Exhibit "A" Attached: The centerline is more particularly described in the attached Exhibit(s) 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; (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. 1 ~, 'r', " . " The GRANTEE agrees that: fILM 129PAn28,iO (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 wi.II 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 com- pleted. 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 back- filled 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) 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. (3) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR ( S) . ? , :..,:: ~. '. flU1 129 ?ACE2841 The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs, executors, administrators, ~ersonal representatives, successors and assigns of the parties hereto. DATED this /2/ day of ff~~ , 199..{. STATE OF MONTANA :~~U~~iViSion 55. GALLATIN COUNTY On this 14th day of December , 19 92, before me, a Notary Public in and for the State of Montana, personally appeared JANE JELINSKI , known to me to be the person wh-ose name is subscribed to wi thin this instrument and acknowledged to me that he did execute the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day al~d year first above written. 7. I "\ ACCEPTED: ":~\v \,-~ . \.._ I' >, ,/ ,'_ . /;) , ., '....:~.. _~"':"i ,~ 1... ,,\.1 .'......' '...."_.. ITY OF BOZEMAN \ bits City Manager ATTEST: ~ rt:~Sion STATE OF MONTANA 55. Gallatin County -~ On this 25th day of January , 19 93, 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 seal on the d y and year first written above. SEAL : I . ~ : t I , f I ...' \ ~~ ~ '1) .'~"" " v.;..,,; ',1 " .' ~ '\..... ~... l! ., P... Iw... "'''''... ,.~.' ,~...,.:"t1.lI' ~ ".... :.o;.~ ~~~. ~ ..,.. /, ,;".-..1 '~_ } .... y~ ~;~ f ;: t ~ :,,:":- \ 't ~: -\ ~\ ~ ~.~_::? j ':.., Ii. -.J"";- 'J...I ~'<V '.... rj,,;' .,.-q....., '"~,,1I1' -t':" :/ .I" , ~Jvlltl'"'.''' c..'\. .....~ ~, V ,"' ~I,. ...\,'\. ~/'fJ'_", It~U.""\ 3 'It' I , ", . , fILM 129 PACE2,S42 EXHIBIT "A" Tract A of Certificate of Survey No. 691 on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana, being a tract of land in the W%, SW% of Section 12, Township 2 South, Range 5 East, P.M.M. in Gallatin County, Montana, more particularly described as follows: BEGINNING at a point, from which the North 1/16 corner of the SW% of Section 12, Township 2 South, Range 5 East, P.M.M, a brass cap, bears NORTH 1335.51 feet and EAST 147.34 feet, which is the TRUE POINT OF BEGINNING, thence South 89009'03" West along the Southerly line of the RICHARD'S SUBDIVISION a distance of 421.42 feet, thence South 89003'46" West a distance of 370.12 feet, thence South 89011'05" West a distance of 67.41 feet, thence South 0035'50" East a distance of 954.93 feet, thence North 88056'04" East a distance of 665.98 feet, thence North 89057'55" East a distance of 29.73 feet, thence North 88022'42" East a distance of 29.69 feet, thence North 89009'57" East a distance of 130.35 feet to the Westerly edge of the KELLERTON SUBDIVISION, thence North 0024'14" West a distance of 953.02 feet to the true point of beginning, EXCEPTING therefrom and reserving unto the grantor a tract of land located in the W%SW% of Section 12, Township 2 South, Range 5 East, P.M.M, in Gallatin County, Montana, more particularly described as follows: BEGINNING at a point from which the North 1/16 corner of the SW% of said Section 12, a brass cap, bears NORTH 1335.51 feet and EAST 147.34 feet, which is the TRUE POINT OF BEGINNING, thence South 89009'03" West along the Southerly edge of the RICHARD'S SUBDIVISION a distance of 320.00 feet, thence South 0024'14" East a distance of 408.39 feet, thence North 89009'03" East a distance of 320.00 feet, thence North 0024'14" West along the Westerly edge of KELLERTON SUBDIVISION a distance of 408.39 feet to the true point of beginning. ALSO EXCEPTING THEREFROM and reserving unto the grantor a tract of land in the SW%SW% of Section 12, Township 2 South, Range 5 East, M.P.M., particularly described as follows: Beginning at the Northeast corner of the SW%SW% of Section 12, Township 2 South, Range 5 East, thence Westerly along the North line of said SW%SW%, a distance of 151.73 feet; thence Southerly a distance of 60 feet; thence Easterly, 60 feet South of and parallel to the North line of said SW%SW% a distance of 151.56 feet to a point on the East line of the SW%SW% of Section 12; thence Northerly along the East line a distance of 60 feet to the point of beginning. Less that portion dedicated as a road right of way by Certificate of Survey No. 429, executed by Seller on September 12, 1977, more particularly described as follows: Beginning at the brass cap located at center 1/16 corner of the SW% of Section 12, Township 2 South, Range 5 East, thence South 00009'09" East, a distance of 60 feet to a point; thence North 89009'03" East a distance of 19.96 feet to a point; thence North 00011'44" West a distance of 60 feet to a point; thence North 89009'03" East a distance of 20.00 feet to the point of beginning. TOGETHER with all tenements, hereditaments, appurtenances and easements thereunto belonging or in anywise appertaining. , " .... , .. It' f" I' . ~ . , filM 129PACE28~3 N 00'45'23" W 146.15' SOUTH 19TH AVE. N 00'33' 44" W Z CD to d -..J -to' -to . Q ~ ~><~ t: fT1 ., ~ (J) CD .!" -i 0 ,,)> N g :::1 fT1 ~ zO 3:: ~ l>- 't z ~ ~i ~~ ~o C:::2 I:~ f"T1 -..J ~ o o. ;tj >- n ....m-l .... ..... - CO CO V' ....010 >N"TJ ncnn :::00......... GJ~cn ."'" m VJ CD to CD. +> GJ , (f) CD <0 d '!. +> (,.l . -..J Y1 o o. ::E I: o z ~ ,.. ::J.., ~~ ()Ill:: :-0;1 'tlC::: ,..:0 ~~ "'.., 0", o '" :0 )> ;:j ~ r ~ .... .... tno ~"" >1: ~z P1~ (/)(1) c !:D [D GJ GJ en en (JI. ~n1 :ox mVi ~:::l -tZ 00 ro"" n1~ VJ ~f1'I w:S::: ~m ZZ o-t o Z m o N CD ..... en !':l (".j +> ~ ~ ~ 160.54' z co <0 c5 <.0. N o , fTl ~ VJ -l ^ o o J::: VJ ---j :0 n1 f"T1 -l .j:> o :I>- co O'!. ~ ~ '" C!. ~ c; ~ ::l ;j C ~ ~~ ~ ~~ ~ i -of f"T1 ,.." Z ;!;::l >- ~ ~iJ ~ ~ n1 ~z (/) (f) ::E 2~ ~ :::J ;:::J tT1 Z Z ~ ~~ G) !;) VJ ~~ (I) tT1 tT1 f"l :.::: }> }> tT1 Q) VJ VJ CO tT1 tT1 Z .... ~>- ---j VJ :.::: :.::: () 'f:.n ,.." P1 :0 ~ Z Z fTl r- e~ -l ---j r [;1 ~ 0 ~ r 0 ~.... :;0 0 ~ ..... tT1 0 . ~ ~ :::I II ~m ;:::J 0 01 o~ -l 0 Z q 0 z a ~ lD Z ,.." I 2 I J:: }> I lD }> I z I 0 0 I z I rrl 0 I I I ~) \~'1 EXHIBIT "B" to Pipeline Easement and Agreement 258724 o :E C) '*to <0 N I m N -.J Slate oj Mont.. County oJ Gapl~tln. ss Filed for record FEBRUARY 2 . t9...al.,at l?' ') 'i M.. and N.cordod tn Rook 1 ?q of' MTSr.F:T,T.ANEOU~age~. ~full~y a1(. (!.!:t.~ Recorder By 1-;& A aAllJ Y...4fd jJ 4L/ Deputy FEE: RT: 30.00 ROBYN-CITY HALL """',::-,~ ~ c ::l C ~ '" )> VI ,..., :c: '" z ~ .... 2 ,. Q~ > :;!z ~ ~~~~ m 0 ~~em ~...&::i~ IT1 ~ ~Bt: ~ . ~~:;!- ~~~i ~ ~~~~ 3: ~~~~ )> zo~o "U :;!z. ~ J:NOIiJ i;j~" isn ~ >::0 ,. 1ll "'0 i:: F ....A - -- j' ., '~.. ...... '""'f......._~, ,~ 1'ltUP'.......~ """I;