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Home My WebLink About00- Nickelson Sewer Pipeline and Access Easement and Agreement, 2000 ..~~c1... \~ 'Ii 11111111 UIIIII 111111 ~~;~~!~?p Snelley Vanoe-Gallatin Co MT MISC 30.00 SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT The CITY OF BOZEMAN, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59715 , the GRANTEE, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants to LOLA NICKELSON, of 1518 S. Church Avenue, Bozeman, MT 59715, GRANTOR, its successors and assigns, a temporary easement to lay, construct and maintain a sewer pipeline with the usual connections, accessories and appurtenances for the purpose of transmitting wastewater in, through, and across a strip ofland situated in Gallatin County, Montana, approximately ten (10) feet wide to be located on the following described real property: Tract 1 of Certificate of Survey No. 1778, located in the southwest 1/4 of Section 7 and the East lh of Section 18, Township 2 South, Range 6 East, PMM, Gallatin County, Montana. The easement is more particularly described as follows: Beginning at Point 741 of said Certificate of Survey No. 1778; thence S 80 W a distance of 30 feet; thence S 730 W a distance of 25 feet; thence N 370 10' E a distance of 45 feet more or less to the point of beginning, all as shown on the attached Exhibit A which by this reference is 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 hy using existing roads or trails or otherwise by a route causing the least damagc and inconvenience boundaries of the casement which may, in the opinion of the GRANTEE, interfere or to the GRANTOR in order to survey and establish the route and location of the eascment 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 threaten to interfere with or be hazardous to the construction, operation and maintenance of the pipeline; (3) Grade the land subject to this casement and extend the cuts and fills ofthis grading into and on the land adjacent to that which is subject to this easement to the extent GRANTEE may find reasonahly necessary; and (4) Support the pipeline across ravines and water courses with structures which GRANTEE 1111111111111111111111 ~~.~~?t?,p deems necessary. Snelley Vance-Gallatin Co ~T ~ISC 30,00 THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said pipeline, it will repair or replace, at its sole expense, or pay to GRANTOR 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 sunicientIy to prevent the formation of depressions after final settlement has taken place. (3) That at such time as a public sewer main is constructed within 100 feet of the GRANTEE'S residence or connection to the City' s sewer system becomes feasible or is otherwise required by state law or city ordinance, then in that event, this easement will terminate. In that event, the GRANTEE shall abandon her septic system and. at her own cost and no additional cost to the City, connect to the City's sewer system within the time prescribed by law. THE GRANTOR AGREES 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 placement of fill material within the boundaries of said easement without the prior written consent of the GRANTEE. (3) 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. (4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted 2 1111111111111111111 II ~~;~~7:~?" Sh.ll.y Vano.-Gallatin Co MT MISC 30.00 without any interruption by the GRANTOR. The terms, covenants and provisions of this casement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this 5th day of September , 2000. ~~:NT\R ~ c{r~ OF BO_ZEMAN Clark V. Johnson, City Manager STATE Of MONTANA ) ) ss. County of Gallatin ) I On this ..d- ~ day of ~1LhA _ .' 2000, before me the undersigned, a Notary Public for the State ofMonta;;rp~~ Clark V. Johnson, known to me to be the City Manager of the City of Bozeman. 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 the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ,.~ 'l otary Public for the State of Montana Residing in Bozeman, Montana My Commission Expires .t - /.f--.tJ.). ,\, ~ .\" '\. -. .$>~ ," tSBAL), . I , , ...J ..,....,..' ~x~_ Clerk of the City Commission 3 08/29/00 11:27 '6'4065865056 RANGEl{ TRANS. I4J 002 ACCEPTED: 1111111111111111111111 ~~;~~7:~?,p Shelley Vance-Gallatin Cc MT MISC 30.00 cL )~ I~ . t.-i"4.../ ~ I,{'1iQ . Lola Nicke son - GRANTOR STATE OF ARIZCY1'>. ) ) ss. ) , County of Maricopa .. On this ~L day of a6~ cI ,2000, before me the undersigned, a Notary Public for the Stale of At: i z on,zpersol~ll.y appeared --.l.o ! C{ - IJ t c k.e /, )(1 i1 , known to me to be the person whose name is subscribed to withill this instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set 111:" hand and affixed my Notarial Seal the day and year first above written. (SEAL) ~LW c!J;nd--~ Notary Public for the State of Arizona Residing at fit X IlL- . My Commission Expires ( Jeff... d (/v/ I ':t'I;'i,~;;::'ml,'r,'~--"1t'~':'l~~~:"":">";':~ ~ ~ 1, ;; ;:~ i"., ,~, ,,Ie i. --"P":~:"," SCALE: 1" == 40' NO SURFlCl.4l WATER BOOIES OR KNOWN rLOOOPLAINS WITHIN 100 rEET or STSTEI.I SLOPE or GROllllO IN DRAIN fiELD AREA IS -1 PERCENT SLOPING TO NOR~-NCRTHW[ST \ m\ 1111\ ~III 111\\ 111111\ 1\1111\ \\1111\ lUll ~~~~~7:~?" Sh.ll.y Vano.-Gallatln Co MT MISC 30.00 '. WEllSrTE o ~ 't-~C ~u ? C~ /~-Q;-~ ~ '\ '), }.C <:."'~ ~G " '\~ ~O 0' c()' ~"'~ ~O ? ~}. /}.~~ ~~~'\ '), 't-C i-O~~G ,~ ,\'C' ":J'?J ,. INrERIlED HYCIlAUUC GRADIENT IS NOR1l!-NORTHWEST ST5TEI.l TYPE IS REPI..lCEI.IENT ABSORPTION BED wI 240 SQUAIlE HET or AREA SYSTEII IS FOR REPL\.CEIIENT ~ ~ ~ ~ ~ ~ DUE W 51.1 """'- N6015'E 2.9 I &.; f..J ~ ~ Jj ~ S C), t..j.- WATER-TIGHT '000 GALl.ON SEPTIC TANK wI ATTACHED 500 CAll.CN DOSE TANK wI OSP~ 1I00EL EfrLUENT PUIIP wI oS! 1.l0DEl rT04+4-36 HIOTU6E flLTU wI 051 5-1 CONTItOL P"NEI. WI "lAR..., SET OOSE YOI.UI.lES PER 051 SPECS. ~. 01.... SOH 40 PVC wI CLEJ.N-OUTS IS. NECC. T DV.. sell 40 rvc. SLOPEO TO DIlAIN TO DOSE TANK ~ *~ Point of Beginning ,,1>~ rye>. (Point 741,COS 1778) ~v "', 0' , '\"\. e,\ REQUESTED EASEMEN~ 10 FOOT OFFSET TO EAST OF TRANSPORT PIPE (2" DIA. SCH 40 pye SET 2 FT IN GROUND) EASEMENT AREA ~1 00 fT WELl. SEtaACK ~ RETAININC Will 0[A .-~ SITE po....AN FOO Lou.. t~SON SE/4 SECTION 15, T2S, ::lSE 1518 S. C!--l..flQ-t ST. GAllA~ COUNTY, MONT ANA WES l l::.!-{GMRD ASSOCIATES ~-=T, DATI"', 00-168 8/23/0_0 EXHIBIT A