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Home My WebLink About88- Mandeville Public Sanitary Sewer Easement, 1988 t\ .. " filM 103PAGE3188 PUBLIC SANITARY SEWER PIPELINE EASEMENT AND AGREEMENT Agreement made and entered into this 28th day of October, 1988, by and between John M. Mandeville and Donna R. Mandeville, hereinafter referred to as Grantor and the City of Bozeman, Montana, a municipal corporation and political subdivision of the State of Montana, hereinafter referred to as City, WITNESSETH, that for and in consideration of two future single-famj.ly residential equivalent sewer taps without the City assessing a hook-up fee, but with Grantors being responsible for the costs of labor and materials for installing said taps and in further consideration of the sum of Four Thousand Seven Hundred Dollars ($4,700.00) which sum represents all reasonable damages sustained by Grantors for value of ground encumbered, damages to crops and for the nuisance of farming around the manholes and accompanying steel marker stakes, all of which represents good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Grantors, the Grantors do hereby give and grant in perpetuity to the City an easement, right, privilege and authority to construct, repair, maintain, replace and operate a public sanitary sewer pipeline in and under the following described parcel shown as Easement No. 2 on the drawing marked as Exhibit A attached hereto and made a part hereof by this reference, said real property being more particularly described as follows: A thirty foot (30') wide tract of land located in Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, and being fifteen feet (15') each side of the following described centerline: EASEMENT NO. 2 (ACROSS JOHN MANDEVILLE PROPERTY) : Commencing at the south one-quarter corner of said Section 36; thence N00030'27"W along the midsection line of said Section 36 a distance of 2763.84 feet to the center one-quarter of said Section 36 and the point of beginning being Sta. 27+88.96 on this easement; thence continuing N00030'27"W along said midsection line a distance of 783.87 feet to a point on the southerly line of Montana Rail Link right-of-way and Sta. 35+72.83 of herein described easement. Grantor currently leases from the State of Montana the property in and under the parcel shown as Easement No. 3 in Exhibit A. Grantors hereby further grant to the City a temporary construction easement of an additional fifteen feet (IS') on each ... " FIL~ 103PAGE3189 side of the above-described easement for use during the construction phase of the sewer pipeline, with the effect being that the City and its agents shall have the right to use and occupy thirty (30) feet on each side of the above-described centerline for purposes of construction of said sanitary sewer pipeline during the construction phase which shall terminate upon final payment to the contractor installing said sanitary sewer pipeline. The City further agrees that the work of installing and maintaining said sewer pipeline shall be performed and completed in a good and workmanlike manner and in accordance with plans and specifications as prepared by the City. City further agrees to use accepted construction standards in repairing and maintaining sewer pipeline. The City shall, at its own cost and expense, repair 1n a proper, substantial, and workmanlike manner the surface area after initial construction and any necessary repairs of the pipeline located in Easement No. 2 and Easement No. 3 described in Exhibit A. Grantors agree to be responsible for reasonable weed control in Easement No. 2 and Easement No. 3 as described in Exhibit A. The responsibility of weed control in Easement No. 3 shall continue as long as John M. Mandeville and Donna R. Mandeville are leaseholders of the subject property. The City shall have the perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of constructing, repairing, maintaining, replacing and operating said sewer pipeline. Grantors hereby covenant and agree as follows: (1) That at no time will they build, construct, erect, or maintain any permanent structure within said easement. (2) That the City may peaceably hold and enjoy the rights and privileges herein granted without any unreasonable interruption by the Grantors nor their heirs, personal representatives, successors and assigns. (3) That they have been lawfully seized and possessed of said real property described above (Easement No.2), 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 for so long as they are lawfully seized of the property. -2- . . ; fILM 103PAGE3190 \ " It is agreed to by the City that the consideration of two future single-family residential equivalent sewer taps without the City assessing a hook-up fee may be used by the Grantors, or the heirs, personal representatives, successors or assigns of the Grantors. It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs, personal representatives, successors and assigns of the Grantors and upon the successors and assigns of the City. .",>" .. r'; " \"" ,,- , .. '.~ c.I.:, I:~ .,.., '. ',~ ~ ' S'T.l\TE OF MONTANA SSe County of Gallatin) On this)..} day of(J~ ,1988, before me, a Notary Public in and for the State of Montana, personally appeared JOHN M. MANDEVILLE and DONNA R. MANDEVILLE, known to me to be the persons who subscribed their names to the above written document, and who acknowledged to me that they have executed the same. ,,'w,i:t;ness my hand and seal the day and year first above written. ,':\ >. <:,". , .' "\ " , ' :," :" '/' -(\ ~ ' ',. , ..\\1 "' -F ~ :; i \' 0 e:ry: _ 11.c for teState 0_ Montana :;', ~ S~{~ldiJn . at Bozeman, Montana '\, ~"'" """1 ~~~~f;sion expires: tf...LA....--.~ I '5') I 7 J' <-I ", ", )'0..., "'~vt.'T>'" ,-" ',-">'" '~'" .; ''''''1; <C:. (,., ~,:>ro.."". I} 111" u; ~ \...., ~~,~... STATE OF HONTANA ss. County of Gallatin} On this ;?~:C.L day of a.~/v , 1988, before me, a Notary Public in and for the State of Montana, personally appeared James E. Wysocki, City Manager, and Robin L. Sullivan, Clerk of the Commission, known to me to be the persons who subscribed their names to the above written document, and who acknowledged to me that they have executed the same. Witness my hand and seal the day and year first above written. I '1J'i 1 : C;; 'C '; " " ,v ,:_L'" ,.' ACCEPTED BY THE CITY OF BOZEMAN ":~'.I'.... ,. .' ~... '. ""I' '. r,'1 " ... :. ATTEST: " ) , " ,'" /' /' " ,''':L; ,;i <:, ,\;//~1/ Co 11i(:--, .'t..". ,\.,' '" ./. ~ <( "OT.. .--X.. v 'J ".." '''? ~~'''-- \ '1 ..... .......... Clerk of the Co~ission -3- 60 CO, RO, ,-- SET ~/8124" I NOT[. STAOtOO IS IN SEC,I REBAR wi I STA 0+00 ~O S~C, LINE INTERSECT ALUM CAP · N00030 27 W, 2.61 FEET I LOT I I I LOT 10 (SEE DETAIL AT LEFT) t----J\t-- I LOT2 I I WHEAT COMMERCIAL SUB, I I WH AT OR, /":::\,: 191472 /~,~ , " '.1(:, . ~ , . ',' " .' November 7th 1s8~~~' St8te of Mont., County of GaI!G~1!'l. ss riled for record , ' . "':"4lIO at 10 : 5 7 A __~;1., c.'1:' t":!r-;'y,:;,,' 1;1 :: /::: _103 _of MISCELLA_NEODS _page..ll.B8 ~uJ.J. r/i..OllltM..__.Recorder, 8y ()n~L_~R-e DenuW CiEy ot Bozeman $20.00 . ' . ,..-'-r^ .. l:. x. h: b .It i MRL RAILROAD "",- .t",t. ""- ~ of " "-.. ~..~ '} +", ""- ''''/0 Dt..;.." .to '- '- J'1y '- <>.. '- :'..., "3203~'~~"E ,ZI6,8~ <I+, -.>. ":€ ~;;-...., .. '9-\).,'>.. MH 16:: STA 39+79,72 ....-.., <t.EASEMENT I , STA 37+62.87_""- " .. ., ~ ,~ STA 35+72,83__ - POINT OF BEGINNING EASEMENT I , '" ~ ~ ~ \.\.t tlJl ~r-"'O Jot\t4 . . .. ",.. - 0> o , "'''' o 0> 0.. o :& "'- '" '" '" 'w ttEASEMENT 2~ WI!4 COR. SEe, 36 <I>-~ FNO 1I/Z"OlA. / ALUM CAP 8EST 179ES C 114:: STA 27+88.96 POINT OF 8EGINNING EASEMENT 2 (I f'i, oE. ",i"~" ,",OS ..0 Eo ,," :t,.i Of S ...... z uJ ~ l&J (I) cl l&J c"J If) l&J z. -. ~-~II~ o"''=' ;:o~ vo \;,12: (I) o ~ (I) ..... z _STA 111-78.79 STA 4+00__ It. 30' EASEMENT \ STA 0+02,61 S 1/4 eOR:O. SEe, 36 .. , , , , N8'~c 3~'06''E I 194,99', SV4 COR, TO STAOtOO ct. EASEMENT 3 TI S SEe, 36 T2S SEe, I "'j" Rt: J.\ ./ f1U~ 10 3 PAGE 3191 DESCRIPTION OF EASEMENT A 30 foot wide tract of land located in 36, T.lS., R.5E. P.M.M" Gallatin Montana, and being 15 feet each side following described centerline; Section County, of the EASEMENT NO. 2 (ACROSS JOHN MANDEVILLE PROPERTY) : Conunencing at the south one-quarter corner of said Section 36; thence NOoo30'27"W along the midsection line of said Section 36 a distance of 2763.84 feet to the center one-quarter of said Section 36 and the point of beginning being Sta. 27+88.96 on this easement; thence continuing NQQo30'27"W along said midsection line a distance of 783.87 feet to a point on the southerly line of Montana Rail Link right-of-way and Sta. 35+72.83 of herein described easement. Signed~, Subscribed and sworn Public in and for this ___ day of to before me, a the State of 1988. Notary of Montana, Notary Public in and or the State of Montana Residing at My Conunission Expires WHEAT COMMERCIAL SUBDIVISION SEWER LINE EASEMENT JULY 1988 . fOUND IVZ"ALUM CAP STAMPED 779E5 BASIS Of BE.ARING; NORTH -SOUTH ".1 OSECTION LINE 1010003021 'w (fROM PREVIOUS SURVn BY EARL BEST FOR ,JOHN MANDEVILLEI SCALE I":: 300' o 10 Ill) Weo 500 600 4"U',I06 'i