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Home My WebLink About80- Lane Easement (2) SE\'JER TRUNK VALLEY UNIT LANE PROPERTY f'IL'4 58 PAGt 332 Beginning at the northeast corner of Section lO, Township 2 South, Range 5 East, an iron pin found in place~ thence North 890 46' 00" East, along the South line of Section 2, Township 2 South, Range 5 East, which is the centerline of Durston Road, a roadway by use, a distance of 150.00 feet~ thence North 010 36' 27" East, a distance of 2649.57 feet to the true point of beginning~ thence North 010 36' 27" East, a distance of 15 feet along the centerline of a 30 foot easement of which 15 feet each side of said centerline, parallel and contiguous therci:o, shall be granted as a permanent utility easement~ thence North 890 45" 10" East, along said centerline and parallel and 15 feet North thereof the North line of the Southwest one-quarter of Section 2, Township 2 South, Range 5 East, a distance of 1628.20 feet more or less, a 60 foot easement of which 15 feet each side of said centerline parallel and contiqllous 'EBere;:'.), shall he granted as a permanent utility easement and 30 feet north thereof, parallel and contiguous to the North side of the permanent utility easement shall be granted as a temporary construction easement~ thence North 010 39' 06" East, along said centerline and parallel and 865 feet West thereof the W2st line of the Northeast one-quarter of Section 2, Township 2 South, Range 5 East, a distance of 261~.94 feet to the South right-of-way of Baxter Road, a 60 foot easement of which 15 feet each side of said centerline, parallel and contiguous there- to, shall be granted as a pemanent utility easement with a 15 foot temporary construction easement, parallel and contiquous to each side of said permanent utility easement. 1 (a) I. I'ILM 58PAGE 333 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of installing, operating, using, repairing, replacing and maintaining said sewer trunk and for the removing of same if and when desired by the Grantee, its successors and assigns: TO HAVE AND TO HOLD the above described right of way with all the appurtenances and privileges unto the said Grantee and to its successors and assigns forever. The Grantee hereby covenants and agrees with the Grantor___ as folll')ws: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing, of said sewer trunk it will replace at its sole expense, all existing fences, ditches and other appur- tenances of said land that may be disturbed by its operation in a condition equal to the condition thereof existing before said operations were begun, or as near thereto as shall be reasonably possible. 2. That, during operations involving excavation, it will remove the topsoil from the trench area to a depth of one foot, or to the full depth of the topsoil whichever is less, and stockpile said topsoil for replacement over the trench, and will remove from the site any large rocks or surplus excavated material or any kind of debris that may have been exposed by the excavation and remaining after backfilling is completed and will leave the finished surface in substan~ tiaIly the same condition that 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 operate, use and maintain said sewer trunk in Ruch manner as will not hinder or prevent the proper cultivation of the tract through which this right of way is hereby granted. 4. In the event that it shodd become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replacing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. .2- i ILM 58 PAGE 334 3. At such time as Grantors' real property is annexed to the City of Bozeman, Grantors or their successor in interest shall be responsible for and pay their proportionate share of the installation of the Special Improvement District known and generally described as the Original Farwest Trunk Installation as the same relates to the total cost of construction excluding any interest thereon. 2(a) tlLM 50PAGE 335 ... . , 5. The Grantor__ hereby covenants and agrees with the Grantee as follows: 1. That at no time will they build, construct, erect or maintain any permanent structure over or above the said sewer trunk unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintainence, replacement and removal of said sewer trunk 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor__ or his successors and assigns. 3. That they have been lawfully seized of said premises; that they have good right and lawful authority to sell the same and that they and their heirs, executors, administrators, successors and assigns, shall warrant and defend the title to said premises unto said Grantee, and its successors and assigns forever, against the lawful claim and demand of all persons whomsoever. It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs, executors, administrators, successor and assigns of the Grantors and upon the successors and assigns of the Grantee. -3- . . ., (llM 58 PAGE 336 IN WITNESS WHEREOF, The sald partles of the flrst part have hereunto set their hands and seals the day and year first above written. ~~~LJ " " . ?_~~ ~ jl)<~,,-- STATE OF MONTANA ) ss County of Gallatin) L/ "-I'}')' ," v") On this. -.!L- day ofCLvL_.._ 196~, bef('lTl' ;ne, a ootary , publ~c i? and fop, sajd State, p#,rsonally appeared ~: /n.L)j ;: c{a.fi-k:J (i,..ct iCf--6tL-( tl)!'/) (c. /".(.. kno\vn ta. me to be the person S "hose name;:__ (LA.x..... _ ~,___ subscribed to th0 within instrument, and 2.cknowledged to me that ---"-TI;L,,,'~,___~___~__~_ executed the same, 0 __ I I ~, " ,T"""; '.-.~ '." . ' :/"1 \. ',in/! " 'I_ " ,! ':"\ ..: ' ...-:. ..,~;; ~i!~~~ 't'. ...' ~':->'... ."~ r-' - r ~"'\ . ,\" -';~r:---- '.:.., ll~':22~!'J'~ ~-_._- ry PutlA.ic 1'lJr the State of Hontena iding at Bozeman, Montana Commission Expi res ,) /:/1 /<l I ,"....~ I~,;: ",' , .~ ." -4- ;:i I . ,l. . . , ~ILM 58PAGE 337 "...'HE By: C 11 'I OF ",07 t:MAN / ~___ ':-~~~-'-~ --J Ma '{or i.. 'I"~ ~;rTESj : '" . .."~{ ,><";""".~ , ~r -\ ;' L~,r: ., \ ~ ..~ . .' Gi STYfE n.F \;, ;[:'1'1,;/, as I;OU:lty \'.( (~:111.'l t 1. Ct '. 00."his _j~t:l~" (l;:tV of. __GL-f~--' I~;~Q bC'''1~," rue, the ;" I :"\J~ ~:: ~<' ;,,~ :f. p; '...'c,. j "uIJlic ,'t.b,' Stl4.l:(: ,)f ~>hulLln/i, P::'lsorH;o:ily, to i,le t.o ~;J.J~J..iJ.t.,~~~?:fl2~:;~_,2:~J.;.b4..Lt..L~";~1 known Q b0 the Mayor and Clerk of the City Commission respectively, appea red 0':: the City '"If Bozeman, I"hose names are 8ubBCdbcd to the ',,'ithin in:> trument and ;lcknowledged to me th.') t they executed the same for and on hAhalf of said City. INWITNE:SS \.,lHEREOF. I have hereunto iH:"t my band and ,1 iff xed my Notarial Seal on the day and year in this CertiLtctlte first above \,rri!:.ten, ,. l~onH"I'!t, ,,', \\A (',', ". '... \' \~ \" . .,' . ,.< /'f' '. ~ ~~.f ;, f ';Of' ., A-, ,/,' " : \'" I, "'. ' ~ :' '\I.\o ,',' ~;. Cft:' " l-, \ ...... 4 ~ '! ,,-, I , ''') ; , -". .,..,( . . . ~, .~ ~ ",'~j~. ,..".. .~... ~.::,:~ "'" ",,'it... .,." .....' !"~ ~,'~\Wl,,~~'" ..,." \.1" ,~_2ltf.(" //7 ,((ll;"It..Lu__~,__._____...,.,__._,_,_ ~~,)!.:d rj' pub l,i.-; t ('':' t',e ;:; ta te of Mop, ta ll" '~~""'" .,.".ll'l.i. l1g ~'. :~ ,';...... ,c:. ~.:~1J"'~ i' }!c', ':'~ f-;J, lla H}) CUlllL',is'i, Coi,."ll, ,',<) '''fc.)~!.~iti,/'L.rL --~' ". . r.:, _', I"D,X"" , jfLATTED ,/ .r:',.j........':.'? 0 ,~ , v 8:25 Ar,jl ~,'("I...~O.d'.JI.rlr>'" k 58 ,-.--. , ...____"1., ...ill.< ,,-., '" 'U,JO ~~~ft~__J:C. ~~,-,-_._.Recorder. I"'Y;~.' If;> ~ , t)' '!'-wi , '_, _" .. ~~~_:, ,4 "'" " '>,80 of MI~C..ELLANEOUS'''' 'n', '~~a~~~31 BY~~D~en"t Rt: City of Bozeman .'';':' iI;:,. "',J~ ,,~. . \'," ,'...' .. l NQR77../ //4 Cc:..v?'IVER SECTi'CYv,2 flL 338 ~ ~ BAX~R ~5 c:?c;:J" CQ.1/$TA'L/CT/ON cA!1"cMe/VT Tl-IOMA '5 ~ /:;1"" ~ /6 .. /~" \7\ ~ /!!$' ~ ~ ~ ~ .. " 0\ ~ If) 1]\ S) ~ ~ Q( .~ '\J ~ ~ ~ ~ ~ ~ \J PE,..rf'M ANeNT EA-5C'MENr ~ ~rt) r' ~~ ~~ ~Q{ ~V1 249~,20' CC:VV5TRUCT/O/V S45EM€NT 217' '//"'g ..... , ~ ~ .. ~ ~..~ /6' \C\~ /5" \)~ ~,~ /$' '" 1,5' ,,, ~ ~ " 'Ill) . ~MAVelff' EASEMBIVTrBO. ~ R , ~ j ~ \ ~ ~ ~~ ~~\.. \j\'J " ,~ ~ . ...... ~ ~ ~ " ~ "'l;' .... '-l ~ ~/.6;? PERMANENT EA5EMEA/r(Boj CONSTRUC770A/ E""A!5E:MENT /.3~O, J:&' /YO/.~tP'Z 7"€ T .2..s. RSe: /,:5' A:5" ' CON:5rRUCT/ON €ASE/V1ENT ~ It) ~ ~ ~ NO -:5CAL€ ~ 11) ~ tJ ~ .30" LE~I'v'D L8 ~~~~~:~"!OAI [ J ~RMAA/G'Nr 6a:5.6?MENT" Exhibit "A" ~ Or J1/.' ou~ SEWE::?? TRUNK EA5EIVtENT VALLEY UNIT 5UBD/I//S/ON