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Home My WebLink About97- Estate of Eugene Graf, JR Sewer Pipeline and Access Easement and Agreement . . filM 178 P~~f3320 SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT ESTATE OF EUGENE GRAF,]R., 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, thirty (30) feet wide to be located on the following described real property: A tract of land located in the southwest one-quarter of Section 19, Township 2 South, Range 6 East, P .M.M., City of Bozeman, Gallatin County, Montana, described as follows: The centerline being more particularly described in 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 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. Page 1 of 5 Pages THE GRANTEE AGREES: fiLM 178 PACl3321 (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 Pages . fILM 178 PACEJ322 be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DA TED thisIP 7:::.e day of ,< -:~.::-~:.~:.:...;.~ GRANTOR STATE OF MONTANA ) : ss. GALLA TIN COUNTY ) On this L day of ~ ' 19P7,befote me th~ undetsigned, a Notary Public for the St~te of Montana, ,,' onally appeared t!:e::!'P~1 V' ~~4f'/]r , kn~:vn to me to be the .r/?I/!J7T~ of 'Ec;mk CJ' E..<<j1f"/ll" 6/'/1 t 1? 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 .c-t/)l~/lt"' 6/ /if" T/f . In witness whereof, I have hereunto set my hand and affixed my official seal the day and year Jirst above tn. ~ ~ ~ -d/', ,,' c..:,_,,, '$#" _:.-?-~ 4 L'--NOTA Ie OR H STATE OF MONTANA Residin t ~?1' My Commi sian expires~';:T; U . '.~ ~~~..'H"'~... ...~ " ,..,., ", '" ", , - ,t t:1 ;s,zt~).t';~, " ~\..,' " , , . ~ -. / '< ..~" ,',',,' '-p ,\, ,.." ". OTA ,,',' t"'.. :: ~-:."\ It" ' ~ ; 1':....:. A' ,', " r'.-: ~ :,~;~",~..." ,,;1"\ ~ ~ ~..~".,UBL\C /"'j ACCEPTED: -i-\ - s ' . J.;{':~'a~"#'i .~ :: .I "" ,..,.:' ,5~1"!'r';';""""." ,'" ,. . ' ~ ',-::';.,,, -. " J'.e"" "':''''~'' ~~ ,~ ..",'" -,..."'i." ",.... "',,'''OF~t.ftQ Jo'.., CITY OF BOZEMAN ~'Ji.' ""~, __,'" . . ''''*N'Uf\',,,T; ~d!'./ ~ by its (i ty ~1nnngf~r C erk of the City Commission STATE OF MONT ANA) : ss. Gallatin County ) Page 3 of 5 Pages . . . ffLM 178 PACf3J23 EXHIBIT A A tract of land being a portion of Grafs 4th Addition to the City of Bozeman, located in the southwest one-quarter of Section 19, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, described as follows: The centerline of a 30.00 foot wide sanitary sewer and access easement more particularly described as follows: Commencing at the south one-quarter corner of Section 19, Township 2 South, Range 6 East, P.M.M., thence along the south line of said Section 19, North 89012'55" West, a distance of 802.62 feet to the Point of Beginning; Thence along said centerline of 30.00 foot wide easement, North 02022'56" West, a distance of 1 00.00 feet, Thence North 18050'55" West, a distance of233.31 feet, Thence North 12028'10" West, a distance of 400.00 feet, Thence NOIih 00017'22" East, a distance of 400.00 feet, Thence North 10037'52" East, a distance of 316.40 feet, Thence North 12005'19" East, a distance of223.61 feet, Thence North 02003'02" West, a distance of 186.80 feet, Thence North 16011'23" West, a distance of 456.73 feet, Thence North 04021 '39" West, a distance of 89.44 feet, to a point which is the southern terminus of the centerline of Graf Street as shown on the Final Plat of Spring Meadows Subdivision, recorded in Book J of Plats, Page 145. The sidelines of said easement being lengthened or shortened as required so as to begin on the South Section line of Section 19 and end at the south terminus of the Graf Street right-of-way, Spring Meadows Subdivision. Said easement contains 72,189 square feet, (1.657 acres) more or less. Ii :\2336.0 13\SWREASE. WPD Page 4 of 5 Pages . . . .. SPRING MEADOWS SPRING MEADOWS' SUBDIVISION ~ . SUBDIVISION filM 178 PACEJ324 W N 16 '11' 23" W E X H I BIT " B " 456.73 FEET GRAPHIC SCALE 200 0 800 200 400 N 02'03'02" W ~ I I I 186,80 FEET ( ) IN FEET 1 inch = 200 ft, N 12'05'19" E 223.61 FEET N 10'37'52" E 316.40 FEET I I I --, I I I I I I I N 00'17'22" E I I 400.00 FEET 15.00' ---l I I I I I I i : GRAF'S 4th I I \ \ ADDI TION \ \ \\ 353949 \ \ \ \ State i)f Montan3 }ss \ \ . , ,> l'.,tj 1 , \ N 12'28'10" W CoJunty of ..a,I~.,1 \ \ flfer! NOVEMBER 10 ,1997 \ \ 400,00 FEET - \ \ at__ 11:30 A M.,and \ \ R(:cod~d in DClrJ)( 178 0 \ -.------- \ \ \ .l1ISCELLANEOUS _ Page...1J.l.Q___ \ \ d/;~~_CV~______ \ \ 7'"'" Ciork & R ",der \ \ By _ ,;X \ \ ~ Depu --- \ \ \ Fee $ 30.00 CHG __~,_~___. N 18'50'55" W \ \ RT: CITY OF BOZEMAN \ 233.31 FEET \ \ ATTN:ROBIN SUI..LIVAN \ \ \ \ 1 1 N 02'22'56" W : 100.00 FEET C. L1NE~SEC,19 I POINT OF COMMENCEMENT SEC. LINE SEC.30 I / I S 1 4 COR, : P . O. B . SEC. 19 I C.O.S. 1735 : N 89'12'55" W // I // I 802,62 FEET " " I