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Home My WebLink About94- Manley, Dave Sewer and Water Easement, 1994 "~'.'s~~ Mo~~~ ~ Ga;~~r ZooJ :eco~ . at r.:? "i A II., and reconted In Boek 151 of S~ePIJ I C"- Recorder. By' Fee: $30.00, Rt: City of Bozeman PO SEWEll l\ND W}\TER PIPELINE l\ND UNP].l\TTED I,1\NI ,19-2-.?J'lM 151PACf 275 page 2 7 5 . Deputy MT 59771-0640 EASEMENT AND l\GREEHENT __~_~_,p...;:V8 Mall1ey , of ___.-----B2~Q_man, t-Ion ta:la , the GRANTOIl (S), in considera tion of One Dollar (,$1.00) and other good and valuable consideration, rC"ceipt of which is aclolowledged, grant (s) to the Ci.ty of Bozeman, a municipal corporation of the state of Hontana, 411 East Main, Bozeman, HT 59771-0610, GRANTEE, i.ts successors and assigns,' a perpetual 8aS8ment to lay, construct and maintain sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewage ill, through, and across a strip of land situated in Gallatin County, Hontana, . thirty ( 30 ) feet Hide to be locatec1 on the following described real property: 1\ portion of the Eilst 1/2 or the North0i'lst ]/4 of Secl:ion 3G, Township 1 Sout.h, Range 5 East as shown on Exhibi ts "1\" (1nd "JJ" atti'lched. The centerline is more particularly described all the attached Exhibit(s) 1\ & B which by this reference are made a part Ilereof. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns and its and their ageJd:s and employees, to enter at all times upon the above-- described land by using existing roads or trails or other01se by a route causing the least damage and inCOnVeJlience to the GRANTO.R(S) in order to survey and establish the route and location of the easement und t11e pipeline and to: (1) construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline, services, connections, accessories and appurtenances; (2) Trim, remove, c1~stroy or othend,se control any trees and brush inside or out~;ide the boundaries of the easement which may, in the opinion of the GHAI4TEF., in terfere or threa ten to interfere with or be hazardous to the construction, operati,on and maintenance of the pipeline; (3) Gracle the land subject to this easement v.ncl extend the cuts all d [i 11 s 0 f t his g r <1 d 'f n gin to: . and 0 n ': t it e ,'1 and ' a c1 j ace 11 t to' t,bat"which ,is ~subject ,t~ this ,~'apel11(~l1t to the extE~ilt GRANTEE may find re'asonably necer:saty; and 1. placement of fill matei.~ial witld.ri the boundaries of said' easement witho~t 'the prior written consent bfthe GRANTEE. , " ,. , ,". ~ 0# .." r1lM 151 PAC{ 276 (4) support the pipeline across ravines an~ water courses with ., structures which GRANTEE deems necessary. The GRANTEE agL-ees that: (1) That, ill connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewer 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 trenched area to ~ depth of one foot, or to the full depth of the topsoil, whichever is less, and stockpile said top 5011 ,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 sume condition as existed pl-ior 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) At no time will they modify the finished grade of the land over the pipeline by removal of existing soil or by (3) The' GRANTOR(S) 'warrant that they are lawfully seized and pos'sess,~d of the real propel-ty clescribE.-cl above, that they 2 . , . ~ . ....-,.... .," ," ..' On this 20th day of .JUNE ' 19%, before me, a Notary Public for the state of Honta'ns, personally appeared RONALD a~S::=~F.::=::=w~k4 and Robin L. sullivan, known to me to be the ACTINGci ty Manager and Clerk of the ci ty commission ]wown to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. , "J.:.!1 witnesS whereof, I have hereunto set my hand and affixed m'y~~,aCO?I}., the day and year first Hritten above. . /. .....'..., (I ". n .. , ,'..;~ ',' ....~ ~) .:).NQ RY ~U'B~'t: F~TI-lE 'STATE Dot MONTANA "':t~~ ~-iR~ ai~ ~OZEMAN _~_ r.PMa0cfDIJM\:6.i~~ expires TTTN1'1 11. ) 996 . :..A ..~ ... ...'" - ~~"'''~ " .,....'. ,.,.tII"." /.,.... '. "",,,.~' -,.'. . OF',"--' F. BREY ,! filM 151 PACE zn 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. ('1) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted Hithout 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, administratorsr personal representatIves, successors and assigns of the parties hereto. DATED this _ 11~ day of ~ (])r;~L ~ , 1 9 9'1. STATE OF MONTANA 55. GALLATIN COUNTY ) On this I'-Ill day of ~ ' 19CJ<f< before me, a Notary Pl~ in and Y!J ^th:~,f Montana, personally appeared ~~l-) ~ I )mown to me to be the person whose ~~1'1(- subscribed to. ithin this instrument and acknowledged to me that he did execute the same. In witness whereof, I have hereunto set my hand and affixed my official seal t day and year first above written. ..' '~I'. U '1; '.,',; \:.:TJGj~ ~ .~,){lBLIC t1'0I}) t E S'I'1\TE OF MONTANA '-_,,-....;:fi~~~P.ll ~\} t r:x.YJn~~ "'i":fv",,~[, f,' '?, 11lli\is%ion expites Cj-J(-c;, : S' t.t\J...t; g ~'.. \ ': ,EAL : :. .,:" -C' 1r ..:: ;. .0 " , .- 'I";: ~~ ..'"'' / ..,..-, f ~~. '! ...'f'",.~iD \~::\' AC CEPTEI)' '.'",,"'0'F-rt"\~Y'~\\'''': . , .. .I \" "!'.~~~Htt,." ~T ST: o ~ p - --~-- Clerk of the City commission ~#/ft~ em oUZ!~ by lts i,1. STATE OF MONTANA 55. Gallatin County 1/93 3 .' . . . . FILM 151 PACE 278 SEWER EASEMENT DESCRIPTION A 30-foot wide tract of land located in the East 1/2 of the Northeast 1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana and begin further described as follows: . Commencing at the Southeast corner of Tract 4, C.O.S. 1498, filed in the Gallatin County Recorder's office; thence along the East line of said Tract, North 010 50' 38" West, a distance of 1144.93 feet to the True Point of Beginning for this easement, said easement being a sanitary sewer easement, 30 feet in width and centered on the following line: Thence North 880 17' 35" East, a distance of 1314.60 feet to a point on the East line of the Northeast 1/4 of Section 36, which bears South 010 59' 18" East, a distance of 20.00 feet from the Northwest corner of Tract 1, C.O.S. 1573, filed in the Gallatin County Recorder's office. The side lines of said easement being shortened or lengthened as required so as to begin and end on the East and West line of the unplatted tract as shown on the attached exhibit. Said tract of land containing 0,91 acres, more or less. EXHIBIT "A" C:\keith2\description 5/27/93 ..J ' oJ "- iH L Il l.... ~'l v L_ II' ~ I Ii I NE Y4,SEC.J6, T.IS.,R.5E.,PMM GAH,;1 nt! COUNn~Mr. , ~ ,0 ,~.. / / ---- !l j\ .J \~. .~. filM 151PACE 279 NE COR, 5 E C. 36 E YI6 COR. stC. 25 (3 36 o <- co Yo(" 0(" -r....... ~ .p .~ SCALE: I": 300' PO.B. POINT OF BEGINNING Cl:J 0) 'l" ..... <.ri c:i G t N 880I7'J5"E 1314.60' PO,B, .-0 #:/ L 30' SEW;R ESMT. 20,00' """' UNPLATTED I'") Cl;: 'l" '- 1--.. - - '<) k. "> 'l" ..... Q) I.) "> ~ ~ 'l" \I- ~ c:i ..... h ..... t-.... (,j ..... ~ :t.: ..... , :t.: k. Q:J I...l ,"> , '" C) I'") Q:: '<) I'") h , () ~ ..... ~ C) < () C) C) < EXHIBIT B DATE :FEB. 8,1993 .J08 NO. 2089.002-010-0310 PREPARED BY: - POINT OF COMMENCEMENT Morrl1onACS' 51\ Mall/rle/' ::;\ REVISED: 4~20-9J C.t: /16 COR. SEC.J6 EV4 COR. SEC. 36 I ~ 12' 1% 1% ~ /" ,3', ~ '-..... TYPE B TRENCH BACKFILL EXCEPT AS NOTED '~T ! I I fT\ I I \j) I L_,_ -.-J SEWER MAIN B"OF 6 "MINUS GRAVEL NOTE: ACCESS ROAD TO EXTENO FROM NEW MH 4 TO NEW MH 10 ACCESS ROAD DETAIL NOT TO SCALE