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Home My WebLink About97- OhMont LLC Sewer Pipeline and Access Easement and Agreement ..' J , .. SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMEN'Ifll~ 193 i';~CE ~~9 OhMont, L.L.C., of 1106 S. Grand Avenue, Bozeman, Montana, the GRANTOR(S), in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) to Ralph Schmidt and Shirley Francisco, of 107 N. 7th Avenue, Bozeman, Montana, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain a sewer service pipeline for the purpose of transmitting wastewater in, through, and across a strip of land situated in Gallatin County, Montana, fifteen (15) feet wide to be located on the following described real property; Lots 13, 14, 15, and 16, Block 8, Springbrook Addition to the City of Bozeman, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit A 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, connections, accessories and appurtenancesi THE GRANTEE AGREES THAT; (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewer pipeline, 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 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 surpl~M 193PACf 390 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. (3) To lay, constrl)ct 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. (4) To replace any fence portions that have to be removed with new fencing material which matches the existing fencing material. THE GRANTOR(S) 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 macerial within che boundalies -~ UL . , SalQ 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 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. 2 ~ .f, h' J r--jhd f AtY'l'1 DATED t lS ~0 ay 0 ~ fILM 193 PACE 391 1997. STATE OF MONTANA ss. GALLATIN COUNTY ) On this ~~day of J~r'l\ , 1997, before me, a Notary Public in and for t~tana, personally appeared ---'r:)C~.& "SM'I-tV\ , known to me to be the person whose name is subscribed to within this instrument and acknowledged to me that he did execute the same. In witness whereof, I have hereunto set my hand and affixed m~Y O::::ial se~l the day and year first above written. -=-----;W-LA/VSrJ NO ARY PUBLIC~OR ~TE OF MONTANA R€Ef:.~-\'lj;pg at b1)7 e~~ ..i<....:JYft \GQt:nlJ'ti.)3sion expires ~ g q ~; "':J ...yl.d"''' \... ~'... .... ~ . '":':..- + ..!:~ ~#..~~~ ~.I ~.... 1_:\-;.. ~.; .......' '" -"-16.' I: ...10 HI' '" '. ~..,:, AL I" :;; :1' ...r;: ."'~t. " , ,,' j~~~:~~~fV~" ~~; ; <';.':. ''ht:''f.~ \ . 'I.' :: :.. :At '11' .i)~.f.t.J...J i ~ 2 ~;-- {t::.::y,,\:,,~..~..,X'./ ' :" ,:'..,..>'\,~ .........",< 0''''' ~ " ";"~:tt~,/'" ACCEPTED: . ,", {. 4 Ii ~ STATE OF MONTANA ss. GALLATIN COUNTY ;tlA- !'L-,,,: (J On this ;Zg day of n plA....X- , 1997, before me, a Notary Public in and for the State of Montana, personally appeared I~al}5l1 8chmiclt iHui, Shirley Francisco, known to me to be the person1 whose name$ ~su~cribed to within this instrument and acknowledged to me that ~ did execute the same. In witness whereof, I have hereunto set my hand and affixed my of icial seal the day and year first above written. ~e/'t.; . .l" .).....~.... S,...I} . ...LI.C...,-fOR THE S TE OF MONTANA f ~ ,f:HiJ,~f]"'<1 ~.\: bO"L'erY\.Cl.-M- :~~it~~Wmf~~~n expires g /3 )9 1 ::* :iic~ h t ~<. :; :: t~ ~~ft,~itJ~.l '!.~, 'i,.'~ ~\'.. '>"\,,",:,,, c.( .,.'" ":~'" $ ". ~.. lo-!' ':','," ,;,'17~:' ~! ~.., ~" . - . . ~t.;~~tto\\.:,;,,'tJR TH DAKOTA) ~ ... .. s~\'. COUNT~ORPi(Jt-L-. ) On this ~() day of - ~ j , ,1997, before me, a Notary Public for the State of North Dakota, personall appeared Ralph Schmidt, known to me to be the person whose name is subscribed to within this instrument and acknowledged to me that he did execute the same. In witness whereof, I have hereunto set my hand and affixed my seal on the day and year first written abov,. 'Yl ~.... L . ,I, , a ( CVVjD'Yl NOTARY WBLIC FOR ,TliE STATE OF NORTH DAKOTA Residing at. ~u.u bLt t\) ( ) My Comm~ expIres --.lJ . 0<6~' 01 SEAL Melissa Larson, Notary Public State of North Dakota My Commission Expires II ~()~~bl 3 " ... .. , .. ,.-.. '0.: ~~ ......, Q.l 19 ~ ~ Q.l -o::r:: r "-"-"-'l'S:"SE'viER-S'ERVicE'. ~ ~ ,'8 EASEMENT i 0, '"'""" ~ 5L ~~__ c<-[:c<-~.J : ~ t P&~~ -------1 ~ I ~ 15 · I A I L 14 ~ ,:.________j 20' 125' 100' FILM 193 PACE 392 6 Q.l ~ -o::r:: ~ '"'""" ~ Q.l ~ Q.l Cr) ~ "'I-.': ~ o ~ 7 8 9 I SERVICE 10: " 12 125' Mendenhall St. t N ~ o I 60 , SCALE: I" = 60' 120 I CITY ENGINEER'S OFFICE JUL Y. 1996 (Revised Apn7 1997) A~~.OIlI;' '3 .8 n q r) '" '- "-' _J ,J ,1 I State of Montana }ss County of Gallatin Filed DECEMBER 24 ,19 98 at_.___~,: 45 A rv!., and Recorded in book__ 193 of MISCELLANEOUS . Page__~89_ ~h&.LlItY ...!]I "lHL___ ~ countY..,Clef;k . Reco~f.r By _elJ hi ~_))iu,ot/ru eputy Fee $ 24.00 RT: CITY OF BOZEMAN EXHIBIT "A" SEWER SERVICE EASEMENT LOTS 13-16 BLOCK 8 SPRINCBROOK ADDITION