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Home My WebLink About92- Eugene Graf Jr. Sewer Easement, 1992 .., . . . . , r, . SANITARY SEWER PIPELINE EASEMENT AND AGREEMENT 1.J2r~r[Jl76 ntl'M Estate of Eugene Graf, Jr. , Eugene Graf, III, Personal Representative, of P.O. Box 2529, Billings, Montana 59103-2529, and Genevieve S. Graf, of P.O. Box 2529, Billings, Montana 59103-2529, the GRANTOR(S), in consideration of $1. 00 Dollars and other good and valuable consideration, receipt of which is acknowledged, grant 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 sanitary 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, 30 feet wide to be located on the following described real property: A tract of land in the Northeast one-quarter (NE 1/4) of section Thirty-five (35) , Township One (1) South, Range Five (5) East, M.P.M. , Gallatin County, Montana. (Recording Reference 13 Film, Page 282). The centerline is more particularly described on the attached Exhibit A, which by this reference is made a part hereof. This grant includes the right of the GRANTEE, its successors, permitees, 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 to 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 1 . . . may find reasonably necessary; and r'll,~ .1J2r~(f31i7 (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. The GRANTEE agrees that: (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sanitary 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) 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) . 2 , . rn~ 132 PArf3178 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. Dated this /$1 day of /tf. ~, J.Y-~ Genevieve S. Graf STATE OF MONTANA ) : ss. GALLATIN COUNTY ) On this ;daay of TGVh 0 ' ,19, before me, a Notary Public in and for the state of Montana, personally appeared Eugene Graf, III and Genevieve S. Graf, known to me to be the persons whose names are subscribed to within this instrument and ,"~:J. acknowledged to me that they did execute the same. "i~i - "In .witness whereof, I have hereunto set my hand and affixed my \\,~~.\~?'Il~flI:Jciai seal the day and year first above written. ,<t< ~.,'. , .. OiO','~" , ,1.lI ~ . III "'" ....' + :;," ",.W "'i, I.. ~rI" "'., $" <it, _,"'If' , ,.... fj -').... ,I ::~ ~... '\.... R 1.1, l".)'J ~ (' ',' - : / () , t'.-." ~ ll/f~., c. . ,~,' , .~..._..~....; .'i,~," ~ tl. --, - '^, " - " /," # "'~r. ~'j .'.'': ; ..,. ~ (' S1...i\,..: "'. ~ ..)c.) ,''10 'l: 41' ; -pr. . '.. \ r, ..... i i NO PUBLI C "'.I t- .....,...,. " ~/'!I,';OF R~~'ding at 11.", w\\\ . '"I1,MY commission 1'9' ,,, ,l) SEAL 3 . . , , 4 . . . .. '. . .. . , . fiLM 132?ACfJl79 ACCEPTED: ..-.-........ '\ " \ , , '-~ .- t ".J " " \ ,"" ;;. C'O';~~~"\'\c X, , - "," , \ ' r: ' -,,/;/ by its'-- '. 'n \) / \ J ) , d~' STATE OF MONTANA ) : ss. GALLATIN COUNTY ) On this Sf) U day of ~, 19~, 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 my seal on the day and year first written above. /-/.;;( ~'75 " 4 " . . ". ' " . - . I. . . , . . , . . filM 132?ACE3180 EXHIBIT A ~ EUGENE GRAF, JR, EUGENE GRAF, III, PERSONAL REPRESENT A TIVE & GENEVIEVE S, GRAF -N- 26 25 ~ 51818'08"[ 18,61 35 36 I I SANITARY SEWER I 1 1'-1 kt. ;tt'-1<: G'''fS ll1'~ 1 l , (" " 0 '~ JOO JOO 600 9~ I I ..cole feel 0:10 QC: A Sanitary Sewer easement and right-of-way lying within the ~~ NE 1/4, Section 35, Township 1 South, Range 5 East, M,P,M" .,,~ :t Gallatin County, Montana and more particularly described os 0 ()~ thirty (30) foot wide easement, fifteen (15) feet on either side ()""C of the following described Sanitary Sewer centerline. Co Beginning at a point on the North Boundary of said property, said f:o point lying 5 73' 24' 42" W, 1231,70 feet from the NE corner ::~ marker of Section 35. Thence, S 18' 18' 08" E, 18,61 feet to Manhole 5. Thence, S 37' 23' 38" E, 400.00 feet to Manhole 6. Thence, S 41' 28' 18" E, 160,85 feet to a point on the East Boundary of said property, Total centerline distance of easement 579,46 feet, together with a temporary right to enter and occupy during construction and installation of a Sanitary Sewer an additional thirty (30) feet of width, fifteen (15) feet localed on each side of the above described easement. ' 2 5S66 THIS INSTRUlVIENT WAS PILED FOR RECORD IN THIS OFFICE ON THE 3rd DA Y OF June , A.D" 19 93 JFFICE OF COUNTY RECORDER) ;OUNTY OF GALLATIN ) AT 4: 01 PlVI., AND WAS DULY RECORDED IN BOOK 132 ;TATE OF MONTANA ) OF MISCELLANEOUS RECORDS, rAGE 3176 t'CC$30.00 Skene, M. Chenay RECORDER. BY ~ '-LTCl. \t)\.Ttcc\ (~ (\t\t].t \,(lev,--, DEPUTY , Rt: City of Bozeman