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Home My WebLink About93- Oak Street Partnership Sewer Easement, 1993 ntH 168 PACfJ114 f))1- r. . e .. e SANITARY SEWER PIPELINE EASEMENT AND AGREEMENT Oak Street Partnership, 2504 W. Main, Bozeman, MT 59715 (hereinafter called "Grantors") in consideration of One Dollar ($1. 00) a nd other goods and va lu able cons idera tion, rece ipt of which is acknowledged, grant to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59771-0640, (hereinafter called "Grantee"), its successors and assigns, a perpetual easement to lay, construct and maintain a sanitary sewer pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewage in, through, and across a strip of land situated in Gallatin County, Montana, the width and location of which is described on the following described real property: (See Exhibit A attached) The centerline is more particularly described 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 by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the GRANTORS 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: (I) Th at, in connect ion wi th the construe t ion, operating, patrolling, repair ing, substituting, removing, enlarging, replacing, and maintaining of said pipeline, it will repair or replace, at its sole expense, or pay to GRANTORS the reasonable 4" , "" ~ e - e FILM 168 PACf3115 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 operation 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 topsoil for replacement over the trench. It will remove from the site any large rocks or surplus excavating material or any debr is that may have been exposed by the excavation and remains after back filling 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 back filled 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 GRANTORS agree: (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 the GRANTEE. (2) The GRANTORS 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. (3) The GRANTEE may peaceably hold and enjoy the rights and pr ivileges herein granted without any interruption by the GRANTORS. 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. DATED this ,;2~ day of D ...p C -R--1,L/j , 1993. OAK STREET PARTNERSHIP ('"\ . / / ~l;l/ ;/ ~} By: ...y .~ e e nt~ 168PACfJ116 STATE OF MONTANA : ss County of Gall~itn I On thisZ~:"---day Of~~'\:.::Xl-, 1993, before me, ? Notary Public - /\.-- for the State of Montana, personally appeared" ,n C, \-x-:{.:' , , for the Oak Street Partnership, known to me to be the person subscribed to the within instrument, and acknowledged me that he executed the same. IN WI TNESS WHEREOF, I have hereunto set my hand and~;f\6wi~,.", seal the day and year first above written.AoJ ,.......... .$ '~ ,'_.::.:!> .... . .'. </' '~. .~.. ~' .. ~ #" \'t r /:h;r'11i3S '\oC.~, /.... ,co""'. .-xI ." ""-,. ',. '.. '. 1'J.l"'\\14;"~\:"" ~~. .f' . ~. L~X;; -\;:::01 r' , ^ ~ r'iji~ ,......- N6T 'd' PUBLIC,;l!O,R?IfE. ~TA'I'iE _.~ ~~... j. .....~~~ Re s 1. 1. ng at ~___ "~) .(1'. <---. :, ,,'. \ ;;-t......~ i/.:..... .,;.:.....> My Commi s s ion E xpi-re s ii,.> - I X - ~r;~... I ~.~.,..,." ~ -'~" ACCEPTED: ( '\ \~'J " -- :.rl\ ,..I. C '''.. . v..../)/v,~. CI Y OF BOZEMAN I By Its CITY MANAGER \ '1 - (" , / \:'-'-C':'v AtJ!E X~ Clerk of the City Commission STATE OF MONTANA :ss County of Gallatin On this7~ day of February , 199~, before me, a Notary Public for the State of MONTANA , personally appeared JAMES E. WYSOCKI and ROBIN 1.. SULLIVAN , known to me to be the Ci ty Manager and Clerk of the City Commission known to me to be the persons whose names are subscribed to the within instrument, and acknowledged me that they executed the same. .,"". '.'J""';'" ,"'~O;' .:10 "', IN WI TNESS WH EREOF, I have hereun to set my hand and,~Bi-xed"iny.~.('p "_ seal the day and year first above written. f4::/l'f..{::t0'\';'\~ :...' V~V'll'" ;1 ~ ,. ' .:=..... j , V-'";''' .....c;;:-, il'i,"'IO"" .,,'r~ f v....- ,I ".';, ",~:" "', (J ~."..," \, ~' , '" 0). ..'1. ,.' '~'" -- ,~\,.'~ 1996' ""...".,." NOTARY PUBLIC FOR HE STATE Re sid i ng a t BOZEMAN My Commiss io n Expi res JUNE 11, fI, ,,~ jo ~ e e filM 168PACf3117 EXHIBIT A A SANITARY SEWER EASEMENT ACROSS LOT 1 OF MINOR SUBDIVISION No. 97 ALL SITUATED IN THE NE 1/4 OF SECTION 1, T2S, R5E, P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA I I I R;W It I I I r~ I I ~ ...:: ~ '" I~ I~ R;W Cl I I i I I I ~' ..,..",. . _ ,~...Ill E. '/4 c:oRII€I< 5tC1lON , r2S, 0(11'. ....... nm. ,.. Pr[ J200 _. 0 _ 100 200 _ _ 400 ,~ ~__. J J__ f') t) 5 2" 7 t'. ( IN FEET ) 0l) 0 . 1 mch = 200 ft. 8~aw ct Mnot., l~I)U(\ty. of G.~:!::{;ll. z:~ Filsj fer rS'1erd -!QVEMBE~~-2..... . 1996 at _9: 07.___A_M.; ;;i:ti m;;c;;;:fif! in ;liY)k.~~~._ u: ___J1:ISSE~!-h-~OUs _ rl~~e 3~ $24.00 .J.HlIu. IJheney H;;'(~\"::'i:if.r. By ~OdL;tJA/J) V/~ U{lPU~;-- CITY OF BOZEMAN P INTERST A TE--gO ON RAMP Ii~......... ----------- --------_____ INrrfTsrA T.r ----- - 90 EXISTING 25' WIDE UTILITY EASEMEN~--__ I ~9 CITY or BOZEMAN -----~ .__ _ LOK~M1S(,. PAGE 543 ---------___ I" I - ,- - =- --=-=- =- =- -- r-- III "3~";"" 4Q' UTILITY l l I EASEMENT --j I I[ I I I , I I F= ~- -c -=-~- ~ ~ 3D' UTILI1Y 00' BAXTER ROAD LOT 4 0,46B ~cr.~ I 20' UTILITY EASEMENT . I - 40' UTILITY L lJ C EASEMENT - -- r LOT 3 3.~~1 Ilcres 10' SANITARY SEWER EASEMENT lOT' II . __ '''"OR S\llIOIVlSKlfl "0. f7 T" "I _=_ I =. Ii II - --1_________ "U-- EASEMENT iE '" iE IS z cOT 2 3.23B Ilcres eo.oo ..-----r~--'.. ..--,.- r I ~ST OA~ STREET ,ir' ~ i 'i. i GRAPHIC SCALE .pi' :<J-~ ,~.~ A," r!' oil'#' .<:1- 9l /"-~~~ 800 .J FEE: RT: ..~,O.M'IO..~_____ ,,~(j ~.,. ~'\) -+-~~ ~"i. ~~.~ ,""'~ ci! ~~ II no f)"TI ~8 :::2--