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Home My WebLink About97- Golf Course Partners Sewer Pipeline and Access Easement and Agreement (2) . .. filM 172fAn 9;35 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~describedland 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 sewer courses with structures which GRANTEE deems necessary. Page 1 of 5 Pages . ~ .. THE GRANTEE AGREES THAT: f lL'" 1 r;J.') V_fl 9~6 ~"":Il_i-,'J (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) Tolay, 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 Pages -; ... . . . .. fILM 172fAU 937 be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this 7 day of J tllu,ur r y , 1997. I ~ ~ /~~ GRANTOR STATEOFMONTANA ) ~'p:;;{ ~ /~ : ss. I . GALLATIN COUNTY ) re e,-a~otary Public in and for the , ~, known to me to be the is LOstrument and acknowledged to me that he did ,\~~:'I'""", :\,.ot. '," , '".,", ','" IJ!" ~,'", ,"'. ' . ~/' 'OfAR~"~' ~.,\. ' .r'" ",-0 ,I t> \" -:; ,,"'~ ," ,: o , t,;,,. .. r f . \ ,o~,.u\...\.......oq:: . r.P 0 ".' , "~ ' /' ....... :.A. .... '\, ",,'.f "I".' '~",/"~ "tJ'"~ . ,,/. " .J '''''"/'# "1...' " / h '-" ..,,...~:,,o"":;",,,,,,41~.~' ACCEPTED: /" V;1 ,,~~ /7 "'" "" "'Oil' .,'" C .' /" , ' / "'!" ..~..;,:':' .' ~u:'l '" ( ~<--1 CITY OF BOZEMAN ~.... byi~ Actinq City Manaqer AC?~: ;! ~~ Clerk of the City Commission ST A TE OF MONTANA ) : ss. Gallatin County ) On this 2 yfJ day of ~UL. , 1997, before me, a Norary Public for the State of Mo.ntana, personally app ared ~~t~W:r;~eKi'and Robin L. Sullivan, known to me to be t~~lW%1anager and Clerk of the City Commission known to me to be the persons whose names are subscribed to the foregoing instrument and acknow ledged to me that they executed the same. , ,&.,', ritness wher"eof, I have hereunto set my hand and affixed my seal on the day and year flfst wr tten above. ___ ,1 "" L..-, /', I (/,'" '." ", ~ , ' . " ,,//" """ '1-.','.' ?" .'" ,."/ .,.-1. ./ .,,; ;.. l' ,. " flt..cLl, (....L. ,,.[.-'1-' " __' --t (: /, ,<_d ./ "N9):~~~~:R,y~ C FOR TI-~E STATE OF MONTANA R :...-l..,. '. ,t, ,; '~,,---,", . 'etll:t1..., ',., t';/ ,_.,j-/~'t!.c_' '~~y,.jj,., oin', " ,ji, ' expires j. -.J Y ;J . .. 4-' . ,', ~ ~ ~.. "? "-.$ ,-...., "', 'I'" "'iSEi'g ~ o./~;i/ ...., '...~ ." ft. l- '. ".~ \' ,'..~' I' -::: o :' , 'd' '11,.::- '" ~ ~'~ ~;1., .: ":;""",. I'./~; .... l \;" "",! r*.\,," 11 '~OO~~\yEREAS,wpd Page 3 of 5 Pages . . -, . . . . .. Sewer Pipe Line Easement fiLM 172 PACE 938 Exhibit "A" A tract of land 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 Northeast corner of Lot 32 Bridger Creek Subdivision, Phase 2. Thence along a curve to the left having a tangent bearing of South 57005'39" East, a radius of 360.00 feet, a central angle of 51017'37" and an arc length of 322.29 feet to a point on the Southern Right-of-Way line of Augusta Drive which 1S the True Point of Beginning; Thence along said centerline of 30.00 foot wide easement, South 59039'59" East a distance of 221.61 feet to a point on the Southwest Right-of-Way line of McIlhattan Road; The sidelines of said easement being lengthened or shortened so as to begin on the Southern Right-of-Way line of Augusta Drive; and end on the Southwestern Right-of-Way line of McIlhattan Road; Said Easement contains 6,656 square feet, more or less. H:\20B9\OO6\LEGAL,EXA . ~ F,L~ 1,2 F~GE 93B~ I ~ ,1 <<:-0 oJ "'~ --:- .;- I~ =\t,' J' ~0 I. I J ...... I .~I \ "\1- f:;/\------~- / \LJ uJ\ r- \'" Y :) "7 ~'J',. ~\\3 ~ ~ <5 (j) 'Z -- 0 % ~\~ . ~4.. ~ 6 ~~ - -:'.;t LU CD 6\0 \-" ';. ~ '.--"0"'" \ CD >:2 0 -' '" 0 "'. _.- "r-- 6 '" - u ~ _~'" \ m vO ~",'" 0 ~m ,{),," r-' ~ ,,~:r: ~ u" ...." 420 \ CD ~ ~~ So'" ~ ~~ 'is ;l 'j ~ "9 ~ 0:"- uJ~ ~ f- ' 2 \ \- w ~ 0 w .-J u \ 2 W ~ ~ tS\ 0 u u.... ~\ 0 f-. t,J) 2 5\ 6 Q ~ ~\ .~, \ )<. \- W\ -------------- 0 .-J t-H-... '~m(X(:D ----- \ L"q;-, > ~ 28 - 3~ 0 ..... . -.' CORD l}l 'flllS OFPlCE O}l ..._ 'D paR It" __ ... 'fHlS l}lS'f1t uME}l'f \;)\5 pH,l, ' )\.D., 199.2--- Dl':i oP l'FR,L 1,2 'fUE ~ Ul Y RECORDED l}l 1300R ~ .fICE 01' COU}l'fY RECORDER \ )\'f ~\., )\}lD 1N)\S D' Rf,CORDS, p)\GE ~ ~~U}l'fY 01' G!\LL!\'fll\ ) Of ~'SCELLl'NEOUS DEPU'fY S'f)\ 'fEOP MO}l'f)\}l)\ 'i" . ~ ~ RECORDER. II P $ ~~,t." . .ee~ RT' c,TY 01' 130ZEl'\l'}l '"!j UJOO 'UI/ ~Q >-30'"!j ~" / L L .. 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