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Home My WebLink About03- Leddick Sewer and Water Pipeline Easement and Agreement " , '~ ii, {/J/ 111111111111111111111111111111111111111111111111111111I ~~t~~~~;~~A '\ , , Sh.llev Vanoe-Gallatln Co ~T ~ISC 42,00 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT cJe 4" E, ~,(Q. L L , the GRANTOR(S), in consideration of and other good and valuable consideration, receipt of which is acknowledged, grant(s) to d+ j {I..{ ~"S ~ " , GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain II tJ.(-+ (sewer) and '}. ~, )-t+ - (water) pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting in, through, and across a strip of land situated in Gallatin County, Montana, .:?> o++- \AJI~~ ( ) feet wide to be located on the following described real property: Q(J,--l-:;- I '0/0(, L ~ of- <tA-H-U; I c!V('t Ie $.tA t, ~/l} ;< jl ~ The easement is more particularly described on the attached Exhibit(s) 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. THE GRANTEE AGREES: (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said pipeline(s), 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 .. . 111111111111111111111111111111111111111111111111111111I ~~t~~~~i~~R , . Shelley Vanoe-Gallatin Co MT MISC 42,00 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. THE GRANTOR(S) AGREES: (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) That where the subject improvements are not located under improved public or private streets or other provided access, a 12 foot wide all-weather access road may be constructed within the easement where at the City's discretion such access is required for operation and maintenance purposes. (4) The GRANTOR(S) warrants 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. (5) 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 be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. ''1 ~~ DATED this ~ day of ~1 ,2 t!Oz, aJw (1&~ G)~T R . . 1111111111111111111111111111111111111111111111111111111 ~:U.~~i~~, , , Shelley Vanoe-Gallatin Co ~T ~ISC 42,00 INDIVIDUAL STATE OF MONTANA ) ) ss. County of Gallatin ) On this ;2Q!l day ofm (u, , 2 uO .3, before me the undersigned, a Notary Public for the ~tate of Montana, personally appeared '30 ~ n f., Le dd r'Gk , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. \\\\\\\\111//1//11 \\ \ III ;:." ~ ~, AD4 III~ ~ r.c, . ' . , . . 4? ~ $,.". . 0'';;'- ..... "V. . o~ ff::J: O,\,l.\R/AC,:'?'-~ ~ 0:: : ~ __'--. : * ~. :;::.... S'E'AT ,"'- ~1'.. """,-~':{"!f ~tP.. ..;f-~ ~;>-. . A'Y:'.;:; ~/IZ:S O'F'~O~\,"~ 11111/'11111\\\\\\" (SEAL) "'J . " I:t ~--.c-c /"-- "J/7 , U,C~ /' "',<?i~ Notary Public for the State of Montana '- f\ e be ~ (!P,-- (y) ,mttl'ft so 'VI (Printed Nam~ ./h . Residing at 1- 0 Z e 111-(.'( j,1 Y I J ,-- My Commission Expires q /@./20.0i2 , , I 11111111111 1111111111111111111111111111111111111111111 ~J; ~i~2i~ ~ Shelley Vanoe-Gallatln Co MT MISe 42,00 CORPORATE STATE OF MONTANA ) ) ss. County of Gallatin ) On this _ day of , 2_, before me the undersigned, a Notary Public for the State of Montana, personally appeared, , known to me to be the of 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 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires / /20_ Notary Public for the State of Montana (Printed Name) Residing in My Commission Expires / /20_ \-\- CITY OF BOZEMAN by its Ci tv Manaqer STATE OF MONTANA) ) ss. County of Gallatin ) On this / ~ ~ day of , 2Jd,J , before me, a Notary Public for the State of Montan rsonally appeared CLARK V. JOHNSON and ROBIN L. SULLIVAN, known to me to the City Manager and Clerk of the City Commission for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. .. 1111"11111111111111111111111111111111111111111 1III 1111 ~~t~~~~i~~A S~.ll.y Vanoe-Gallatin Co MT MISC 42.00 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. I"~"~, .Jo."', , "-I ;j /J ,:""\," J~ ;;.\ ,,'~g:Plic:'tor the State of Montana " 'f.',I?t/tr-h-, ':/J, tI ;feetf '(Printed Name) Residing at Bozeman, Montana My Commission Expires:~-' /.:)" /20D. Water and Sewer Easement for Lot 5 of Block 5 Cattail Creek Subdivision, _________________~___~_ft Beginning at a point which is common to Lots 5 and Lots 4 of Block 5 of the Cattail Creek Subdivision located in the NW 'l4 & SW 'l4 of Section 35, TIS, R5E, P,M,M" Gallatin County, Montana, Thence N30032' 19"W at a distance of 126,75' along the Right of Way of Warbler Street to the Point of Beginning, Thence S59037'41"W at a distance 64,51'. Thence S30022' 19"E at a distance of 62,56', Thence S59037'41"W at a distance of 109.23', Thence N30032' 19"W at a distance of 63,73', Thence N59037'35"E at a distance of 30,06'. Thence S30032' 19"E at a distance of33,75', Thence N 59037'41"E at a distance of49.48'. Thence N30022'19"W at a distance of 62,58', Thence N59037'41"E at a distance 94,33', Thence S30032' 19"E at a distance of30,OO' along the Right of Way of Warbler Street to the Point of Beginning, Said described easement contains ,186 acres, 111111111111111111111111111111111111111111111111111111I ~~t~~~~i:~R Sh.ll.y Vanca-Gallatln CC MT MISC 42,00 " . 111111111111111111111111111111111111111111111111111111I ~~t~~~~;:'~R GRAPHIC SCALE NOTE, ALL SEMR AND WATER EASEMENT LlNES ARE RUNNING PARALLEL OR PERPEllDlCIJlAR TO I'ROPERTYLlNES 50 0 ~ 25 I 50 I WATER AND ~ EASaJENr NIEA ( IN FEET ) 1 inch - 60 it. SEWER AND WATER EASEMENT LOT 5, BL 5 CAITAIL SUBDIVISION PHASE I NJr 1/4 4c srr 1/4 SEe 35, TIS. R:lE. PIlIl. CALLATlN COUNTY, JlT, DATE: CIrn."HTkUCTU"L~ 04/16/03 Sheet No, PROJECT J.lANAGlUlNT DRAWN BY: DEW 1/1 BRIOOER ENGINEERS, INe, EASEMENT EXHIBIT IIS-O ANAl.YSI5 MlVf fjOlE:~"'N. t.AONT~ j'jlJI PhI (.4.0~) S03.S. 05.)0 fQ.:.1 (...05) :i87 -10:)7