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Home My WebLink About97- Golf Course Partners Sewer Pipeline and Access Easement and Agreement ; . . . filM 172 PAGE 920 SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Golf Course Partners, Inc. of Bozeman, 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 sewer pipeline with the usual services, connections, accessories and appurtenances for the purpose of transmitting sewer in, through, and across a strip of land situated in Gallatin County, Montana, (30) feet wide to be located on the following described real property: A tract of land located in Section 31, Township 1 South, Range 6 East, City of Bozeman, Gallatin County, Montana. The centerline being more particularly described on the attached Exhibits "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 casement 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 sewer courses with structures which GRANTEE deems necessary. Page 1 of 5 Pages . , THE GRANTEE AGREES THAT: filM 172 PACE 921 (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) 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 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 Page 2 of 5 P~ges . . . . . fiLM 172PACE 922 be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this 7 day of Jd 1It.A ~;- V ,1997. ! ~~/~'~- GRANTOR STATEOFMONTANA ) ",::! ~ /~ : ss. / . GALLA TIN COUNTY ) ,"'t -'.~, ' ~,,' . ,L , ~ ,.., It"'''"''' /" ,~"'~, " ", .. ,.1' ""A..v.1(.",.:.~",~;.;;, ,', ~" .; ',"'"\.7 ,.>j::~":'"","" ff' ,~:\:F ., /~.:l' dT ;, 't1"~' . " '()~'l;~,";-; .,~~;;i\, . ,",' " ' :.~i\' }'. ',,:~ i ~" i~.: ,:' fi>; . . ~;;t~."". "r"'~~'I';W:':";~ ;" , t." ".i.{, 'f:1" , . ,," : . :A.,. \ . x".,' . . /___ "":~;~~~~:', ",/ ACCEPTED, ~, ~ .~ .,t~F~J\'l. CI~~ZE~NiL ~ by its Acti nc Ci tv MClnac:er (2~:/ ~ Clerk of the City Commission ST A TE OF MONT ANA) : ss. Gallatin County ) l./ . On this fj 1'" day of ~. .t,' , 1997, before me, a Notary Public for the State of MQntana, personally appea ed Jir~~.=WJ~ and Robin L. Sullivan, known to me to be th~7CitfManager 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 my seal on the day and year first ~~i,~~n above__.---/. .. "/,, ',,/., , ) /i" ", " . '?rA;<_-..,L-..:I,GA---CCc~~.(~ 1/ /cY.- f :J Page 3 of 5 Pages . - . . . . . EXHIBIT "A" fiLM 172 PhCE 923 A tract ofland located in Section 31, Township 1 South, Range 6 East, City of Bozeman, Gallatin County, Montana described as follows: The centerline of a 30.00 foot wide easement more particularly described as follows: Commencing at the west corner of Lot 22, Bridger Creek Subdivision, Phase 2; Thence North 45014'53" West, a distance of 15,04 feet to the Point of Beginning; Thence along said centerline of30.00 foot wide easement, South 40027'23" West, a distance of 250,88 feet to a point on the north sideline of an existing sewer easement located on film 151 Page 288 filed in Gallatin County Recorder's oHice; The sidelines of said easement being lengthened or shortened as required so as to begin on the southwest property line of Bridger Creek Subdivision Phase 2 and end on the north sideline of existing sewer easement located on film 151 Page 288; Containing 7,249 square feet, more or less. H:\2089\OO6\XHIBITA Decemher 27, 1996 - . ~ I . . , I . ==it::: I I I~ fiLM 172 PACE 924 ~ I 1M ~ C) ~ en ~OJ en I~ '1J ti 0 Z Z f"Tl C) z I Iq M 0 )>. I~ en ) ~ Z ~ ....., ;0 ~ '/ ~~ C) "" ~ . ~~\\.S 0 'l:l r 0 / 'L\ ^ V '1 ........ ./ -tPS .' ~\.S'\f- 0 z ~ 0 / 4'"f:J-4~ "" c 0 .""< ~ '":I:j \.~ ttl / tt.1 ...- c;) "" J' ~O. ~ ........ Z ('- <>. Z ........ M ~SO ~J", ~ Z '<9&. 4- c;) ><: ~ '" ~ ~ .......... - i "" lJj .......... G) E "" ..-j 0 -l r -< '1 ~ > '" ::: 0 (/) tJj 0 r'1 :s:::: C ,..., z '" ::: :::0 z -l .f:>. if} .....(J1 fTl (J1 ....: , .f:>. o _ .f:>. (J1 - t...l ::f ~CO cS &> -0 ~-- ~ i? 0 -t- Tl ~ {? () 9_~ I 0 s::: <...Nao .CO s::: ......c.n ~o ,..., N~ z (Jl-1 =() () C) ::::tt:::: II )> ~ r'1 0 s::: r r'1 0 (f) :::0 ~fTl ~ z N fTl ~ -V -l '...0 fTl a (l) :"""'N z (j) ~ .-+- . , "42025 -- '..w' INDEXEO j JITIS INSTRUMENT WAS FILED POR RECORD IN THIS OPPICE ON ll'LAHE::I THE 10th DAY OF April , A.D., 19 97 OFFICE OF COUNTY RECORDER) COUNTY OF GALLATIN ) AT 10: 00 AM., AND WAS DULY RECOHDED IN BOOK 172 STATE OF MONTANA ) OF Miscellaneolls HECORDS, PAGE 920 Deft" V. ftel'.t~ ) Jz Fee$30.00 RECORDER. BY f Ii W~- DEPUTY Rt: City of Bozeman ~~._.~ --_.~