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Home My WebLink About95- Ranch and Home Supply Sewer and Water Pipeline Easement and Agreement '. ' . ' . , fiLM 156PlCfJ26J SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT RANCH AND HOME SUPPLY, INC., of BOZEMAN. MT the GRANTOR(S), in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) to the city of Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59771-0640, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewer and water in, through, and across a strip of land situated in Gallatin County, Montana, thirtv (30 feet wide to be located on the following described real property: LOTS 2 and 13 OF THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION The easement is more particularly described on the attached Exhibit(s) A and B 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, 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; . ' .' , fllM 156PACf3264 (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 THAT: (1) That, in connection with the construction, operating patrolling, repairing, sUbstituting, removing, enlarging, replacing, and maintaining of said sewer and water 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 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 2 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, 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. filM 156Plt{J~5 (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 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 ~ties hereto. DATED this /J~day of STATE OF MONTANA , 1995. ss. GALLATIN COUNTY ) -d On this /<J - day of ,jq/':;:t. , 1995, before me, the undersigned, a Notary Public f6r the state of Montana, the undersigned, personally cwpeared J'dh.,v jJ:<(/d" t t:.. , known to me to be the f/'a,'j~rN-r of the corporation that executed the within instrument and the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same for and on behalf of said corporation. ~" ."."" ~~_\~':~~~ITNESS WHEREOF, I have hereunto set my hand and affixed ~~~~~ ~~ Notarial Seal th day nd year first above written. ,:,' ~ .... e.'''.... ~. 'C. . !:;: .',. ~l' ...( ..,~. . '.2 : "".9t -" '.,;..1",""" < '~ ,," "" . .,_ ~4i:~"" \ a t~. ~ i:; i. ~-<1. ......._..~.. .' C... =... I TARY PUBLIC FOR TH. ESTATE O.F. MONTANA ~~\~,~i/ ..... ; , ; Residing at .(,~'~x-Ie. i /Jz7, \ '\'''~-~.~''..'~'' ':~;7- My commission xpires //~f<-' r?i' ~~,.~~...~ '''Jf'SE~,~''. . . I' ~ \ ACCEPTED: ~g. cJ /tJci~^-. ' AT~J~ Clerk of the City Commission C TY OF BOZEMAN by its CITY MANAGER 3 , " , STATE OF MONTANA filM 156rAtfJ266 ss. Gallatin County On this 7th day of AUiljust , 19 95, before me, the undersigned, a Notary PubllC for the state of Montana,personally appeared James E. Wysocki and Robin L. Sullivan, known to me to be the city Manager and Clerk of the city Commission known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. \ ~ ....'\'..,,.,.... V A' ...",,'" , ..;..~',.,'l"'Q.....;..' ~~~.........I, ~O , . ,t.:.~ ,. . lI. ~ \ , -~ I~, -,- , '~.',~r.' "'.t ; .....: G '(:', ~ t :-, . ,./I>ii'.t.~ : ?l ,'~' ,;5lt<<. ! . . , S" "". :: ~ !'. >II ... .!f~.. 'J'f ":".' ,', fi : "\~:", (~r . ..lit . ..".' ',!!o,,;. :; . ~'Il'\..,."., '.. .... " ;..I....:... ....\:,'....,. ' .' .~.. ." ,"" J' "~'1::""',,,~ .. , ,(" bFi ~ '_. ' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year first written above. G..A:H. 1~, ~ NOT~C t~ THE STATE OF MONTANA Residing at Bozeman My Commission Expires June 11, 1996 4 , ' .. EXHIBIT A DESCRIPTION OF EASEMENT fiLM 156 PACE3267 A perpetual easement 30 feet wide, 15 feet each side of the following described centerline, Said easement being used for public utilities in the Southeast quarter of Section 36, Township 1 South, Range 5 East, Principal Meridian Montana, Gallatin county, Montana. The perpetual easement is described as follows: Beginning at the Northwest corner of Lot 2, Gordon Mandeville State School Section Subdivision; thence South 01035' 05" West, along the Westerly property line of said Subdivision, a distance of 39,00 feet to the centerline of the easement; thence south 88024'55" East, a distance of 301.00 feet, to Point A on the centerline of the easement; thence South 01035'05" West, a distance of 18.27 feet, to Point B on the centerline of the easement; thence South 01035'05" West, a distance of 192.73 feet, to the Southerly boundary of Lot 13 of the SUbdivision. said perpetual easement contains 0.342 acres, A perpetual easement 30 feet wide, 15 feet each side of the following described centerline. Said easement being used for public utilities in the Southeast quarter of Section 36, Township 1 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana. Beginning at Point A, thence North 01035' 05" East, a distance of 39.00 feet to the Northerly boundary of Lot 13 of the Subdivision, Said perpetual easement contains 0,027 acres. '. . .. I' , , , < .. " fllM 1561'fttfJ268 A perpetual easement 20 feet wide, 10 feet each side of the following described centerline, said easement being used for public utilities in the Southeast quarter of section 36, Township 1 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana. Beginning at Point B, thence South 88024'55" East, a distance of 20,57 feet. Said perpetual easement contains 0,009 acres, z o I- 20,00' S 88"24'55" E . ~ 18.27'. ~F~-:-~~~~~~--c--c~~-~_t___ . '39:00" . ............ 192.'73; . . . . . ' O' . . . . . - . :: ~~~ N: G1:.35.'05~ ~E~i50.:00': ~:-~:-' : ---I: : 1 : . ~C -'--_C_~~~-~"~:_O~C_~-'-:-'-~-'-~f-T~-~ !: : 1 : :! PO INT B ~ 30 ' :. , '1 LU !: : I : :: j :. . ( . .: POINT A :> I' '1 LU ~ 0 :. ~,'.': I . ..--' '1 I. bl. : i I. n. ~ ~. '1.' r-- , . 'I' . J , . . I ,. . I I W ., : . '1" . 1 I . = . . 1 . L{) . , If) . I . - I' 1'~I' : I ." . 1 ro . ! : OJ,I: ' , . (/) . . 1 . . I' . 1 . 1 1 I I r ~ I. I:.. 0 !. : j : : I I' .1' I. . j . . I. . I' . I' ., I: : II : : I I.. '.1 I. . I . .1 I . . I I. '1 ..:. - . . , , , < " \' . 1 ,I " EXHIBIT B fiLM 156 PACE3269 NORTH 7th AVENUE z 0 Ci3 > I M 0 ,.... l- ce => 0 (J"J ...J <( ~ 30 ' Z 0 0 c::: 0 LEGEND " f PROPERTY PIN C\I PROPERTY LlNE I- 0 --- CENTER LlNE ..J ------- EASEMENT LINE ~i 0;:0 I~ no ~: ~g I:i! - 50' 100' I I I SCALE 150' I ~ --:4.0 ~ I-- -i S 01'35'05" W FLORA LANE 39.00' ..._,.,,-~'.-. .."-~'~"-_..- --....- ,--..--". ,'.'---. .~,.,-----_.- THE 21 DA Y OF SEPTEMBER . , A.D., 19_9..5_~..._ AT 3: 39 pM" AND WAS DlJLY HECOHDEl) IN BOOT, 156 OF MISCELLANEOUS~ ~lWS' PAGE 3263 SlI.R.y M. Chmy -RECORDER. I~ ~,~Ilr.pu~~. BOZEMAN ~/) - ( / 31210fj OFFICE OF COUNTY RECORDER) COUNTY OF GA LLATIN ) STA'I'E OF MONTAN ^ ) Fec $ 42" 00 RT: CITY OF THIS INSTRUMENT W AS PILED FOR REC~()lU) IN TlllS OPFICE ON