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Home My WebLink About80- MT. Conf. of Seventh Day Adventists " i':<>~'.~~1 :"'~~!~~' ( ~'8Jf;:~1 fiLM 60rAGE 773- 6tate90~4~ontA CountY::.,j :,; ~ ::",-"." "60' .. _n_.:!_a~~~EY__.5_____u~____,,_, \9,81 at ~ (ts:;::~::: 'A:~:;7G:;- o~~~~~~J~~ Rt: City of Bozeman EASEr~ENT THIS AGREEMENT, Made and entered into this "J_~ day of (t" -( A, D. 191JL, by and between - CON FERENC ASSOCIATION OF SEVENTH DAY ADVENTISTS parties of the first part, hereinafter THE MONTANA called the Grantors and THE CITY OF BOZEMAN. a municipal corporation of the State of Montana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WIT N E SSE T H WHEREAS, The Grantors are the legal record title owner of A tract of land lying in the SW ~, SE ~ of Section 8, T2S, R6E more particularly described below, and WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install a sanitary sewer pipeline and necessary appurtenances to serve various properties located within the portion of the City of Bozeman and one or more such lines would run across the Grantors land; and WHEREAS. The Grantee desires to acquire from the GrantorS, and the Grantors are willing to grant to the Grantee an easemenr-and right of waY-across the above described property of the Grantors , and their heirs, executors, administrators~ successors and assigns~ for the purpose of installing, operating, uSing, repairing, replacing, maintaining, and removing said sanitary sewer and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particularly pro- vided, NOW~ THEREFORE, in consideration of the sum of $ and other considerations in hand ~id by the City of Bozeman, the receipt whereof is hereby acknowledged, and in further consideration of the covenants and agreements between the parties hereto, the Grantors have granted, bargained, sold, conveyed, and confirmed and by these presents do hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the follow- ing rights and privileges forever: 1, A perpetual easement and right of way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a sanitary sewer thereto upon and across the above described property of the Grantor ~, said easement and right of way to consist of a strip of land thirty (30) feet in width being more particularly described as follows: Beginning at a point where the west line of the SW~ , SE!; of said Section 8 intersects a point 400 feet southwesterly, when measured radially from Montana Highway Commission Station 178 + 40,0 of the median cenberline of Montana State Highway Project IIG 90-6 (1) 303; thence South 03 49' 07" West, along the west boundary of said tract of land, a distance of 85 feet more or less to the centerline of said trunk sewer; thence South 520 East al08g said centerline, a distance of 155 feet more or less; thence South 39 East, along said centerline, a distance of 310 feet more or less, to a point 80' perpendicular from Haggerty Lane Montana Highway Commission Station 58 + 50 and containing 0,3 acres, A 30 foot wide temporary construction easement is provided lying northeasterly and adjacent to the above described easement as shown on the attached Exhibit A, fiLM 60PAGE 774 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of installing, operating, using, repairing, replacing and maintaining said ~nnitnry ~pwpr pipeline and for the removing of same if and when desired by the Grantee, its successors and assigns: TO HAVE AND TO HOLD the above described right of way with all the appurtenances and privileges unto the said Grantee and to its successors and assigns forever. The Grantee hereby covenants and agrees with the Grantor~ as follows: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing, of said ~nnitnrl sp.wp.r pipplinp. it will replace at its sole expense, al existing fences, ditches and other appur- tenances of said land that may be disturbed by its operation in a condition equal to the condition thereof existing before said operations were begun, or as near thereto as shall be reasonably possible. 2. That, during operations involving excavation, it will remove the topsoil from the trench 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, and will remove from the site any large rocks or surplus excavated material or any kind of debris that may have been exposed by the excavation and remaining after backfilling is completed and will leave the finished surface in substan- tially the same condition that 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 operate, use and maintain said sanitary sewer pipelinp in such manner as will not hinder or prevent the proper cultivation of the tract through which this right of way is hereby granted. 4. In the event that it shodd become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replacing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. .2- . ' 5. The Grantor fILM 60 PAGE 775 hereby c~venants and agrees with the Grantee as f~llows: 1. That at no time will they build, construct, erect or maintain any permanent structure over or above the said sanitary sewer pipelin~nless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintaincnce, replacement and removal of said sanitary sewer pipeline 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor~ or their successors and assigns, 3. That they have been lawfully seized of said premises; that they have good right and lawful authority to sell the same and that they and their heirs, executors, administrat~rs, successors and assigns, shall warrant and defend the title to said premises unto said Grantee, and its successors and assigns forever, against the lawful claim and demand of all persons whomsoever, It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs, executors, administrators, successor and assigns of the Grantors and upon the successors and assigns of the Grantee. -3- f'ILM 60PAGE 776 L; \.JjL:ESS I,;j U;UCF ,:i" )""': .', c t: ,J t'! :r r ,. \1 (" he r(~Ui,:,_(',~ 'i" t t.r;c~;',,~.- ii,J,D(.t::.~ h' f', ~. .; r \~ ,.. (~ \/ i~; written, ..~..~.~ ; " " 'l,: (If ,\TT L;,[ ; ./) /) bI I, ~..--H--crrc';y,-- .'V-I.:.Z.----._1::l'..~~__,___"_._.:./_~--.-......--,--,..-- Secretary snTE OF t'll'NTt\~;;\ ) r~ ? Cl)U[lt,y o[ G;\lb tin (In this / .Jot d c.: y 0 f ,__[~cl_., ._,_,_._ j', t ;.. j' ~.:l~ 1.!:i~~.'L:,1 , ,~) (:, < '.n: ::1(', d No l:l ry l' lib 1 i c 1. n it n d f () r .. ,.. ~ c: tat: f_' n.', 11 \ C' 1).( <:"=J r ~~" (1 I) ';:"!~iL.itLn, nRL;~jl... C':. [lC,'.,".'; t ( ." ~ l~. : fY..s._'''::,.dL'LL.f:, (if t.;'H~ c'.:""}-l:cr~,~li_(_"'n ~...hd;.'. C>,i~:(-',\ ~.(.~I; . ~.: .,,,,'.i '- ' I'~' I"~~,'. \1 \-,'1),) l ;--::1.' I.,' "t! ~ ~ .-: . ~ ,- \ . " ~.'.' 1 () . l ;.' ~'.' L (" J;; .,:; '[ : l: ~\l \ \ ! :. \ j ,: L ~.' ~ ", ,.., 'J" "yri.t te: n. :,~ - - ("'" E, -"... ,', - ..........~.... I ....;~. .. t .~ ~' ....../ /' ,.-r=""""; ._~ 'n/ '., .y.' ... .- . 'of 4(.; .L..,~:l/./,. m... .,m ~'; ~...:. ~l r :.: :'" :,.) 1. ..; i= ~' :.~:: r.~.l ~ ~.:) t. L:, :: i~ ......~,' + ~ \"',\ I . ~. , ,,'. \~ ' . ~J ,: ;;.>:" '~ '. ~) t '.~ ,.' .4 ~ . .... ' ..., '.: .. ..,'.^- /. " .),. . .,... 't.., \'" '-';:' ....,..."'.. ...~' .."," .',{-{. .,., /.,.... t;t\ .",.." . -l i. . "~ , l< ..:-, ~--! 1:: j.'(, :."j ,i i C (i;.~I,n::i. s s i Cf n .::.' n:'l ;':, >! 0: 1 t. .:t {,;I 1>'" i "i"" L~:' L :~(' (If' $; ~ ., . ~ ,\" ,. 1., .. "" ,._..L....L:..,'~,...~~..j.,._.,~._,_~:- ._, FILM 60 PAGE 777 THf cn'~ CiV EU7l-:!jIr~ -, ..... ," \ ~ t"\ ..~ ~ .., \TTr.C;'r 't. ') , .~,,; . ". '... , \' " .., ", I " ;.J i ~, -, ,.v , c/ "/4::'" ~ . J ..... : // (~"_ t1'~' '. ,/t cJ ..:,j:;lfM1~~\FjJ-m(r'~~--- 1'",:" .. 10 .",.n. .~ , 'Clerk of the C:tty Commission . / -~/)// i~~:2L{j-L~.!f&~ 113yo1" r;... L;J ' ~. APPROVED: J%f#:~_ c; t /::tto!'n€,~.' Tr;,T::~ OF HOHTANA ) ss COi nty of G111otin) !Jr. t ":'3 10 --!.....\J ('1 f V e. c. r.m b e.lL l~ , b~l.('orc me, th.~ t.ln~"?:~h.j,!r',~'.d:~ ~"'Il,_1-t'rv ri.)l'rl"i.c ~:_~': thp t)~.:l::e \-If MOqr;ifla~ ~f~rSOnn;.i:.";_;,r. .J '; ,:;,~ I' '. ~l!-I1C.~I1_S .... 0ac.Na,? & ElLl1a V'H~,aJl~!lQ.. ._..... "nowp ..r' I1k, i'{~ \"(~ th~~ "l,I;!Or and Cli~r1<,Jf the C:i.ty\.,')p.llrd,s:;i' n n.'spec'5,v(cly: :' ttl(' ~.l,"Y n( Bozeman, whose na.m,'S are 8Lbsl.:ritecl to .:he withir, i.n';"rlln~('nt ilod i1('.koo'..,ledl",ed tc me th:.t they eXI.'C','t",J thf' same tor and on behalf of said CiIY. IN \..n:TNLDS WHEREOF, 1 hav:.~ hel'.'lmt( set my (Ulllel ::n<.( ~1ffi )ced my NotnrtHl Seal on the day a.nd vear in thi.f1 Certi.fic<lte first ab()v<~ \\rr:l t te 1\, :\ . ~ !!~)/'; , '" ,. . "."',.'., / '\ ", ....... '-..,.00 '- 1IIi f~ ....' ....' J\ I J.,: I"';' ;\.)' .: I " .. -A .. ':.,. ..' rtttI; "...... . ~,..:~..... ,. ',. c.' .J ~,I ''''11,1' '-.. . \' \/1 ,..,,1._1 .__c[L~'i""L___.....~...,~.__,_,__..".._,__. Notary Puhljc for tb(~ $t<lte of MouLnlli,.l Re,'dduli; at: Bo:..eIlUHl, Montana dy c: <,lilli"; 8 fl'\. (\.1 E:.;;) l t:'+, !lJQ.~_liB.l_ , ' EASEMENT from CAROL J. HUNT fILM GOPAGE 778 and THE MONTANA CONFERENCE ASSOCIATION OF SEVENTH DAY ADVENTISTS A perpetual easement for the purpose of installing, operating, repairing, maintaining a sanitary sewer pipe- line and appurtenances thereto upon and across a tract of land lying in the SWI/4, SFI/4 of Section 8, Township 2 South, rMge 6 East, Montana Principal Meridian, Gallatin County, Montana, described on film 56, page 428, filed in the Gallatin County Clerk and Recorder's Office. The easement is more particularly described as a 30 foot wide perpetual easement, 15 feet on each side of the trunk sewer line as constructed and described below: Beginning at a point where the west line of the SWl/4, SEl/4 of said Section 8 intersects a point 400 feet southwesterly, when measured radially from Montana Highway Commission Station 178+40.0 of the median centerline of Montana State Highway Project rIG 90-6(1) 303~ thence South 030 49' 07" West, along the west boundary of said tract of land, a distance of 85 feet more or less to the centerline of said trunk seWer~ then South 520 East alona said centerline, a distance of 155 feet more or less~ thence South 390 Fast, along said centerline, a distance of 310 feet more or less, to a point 80' perpendicular from Haggerty Lane Montana Highway Commission Station 58+50 and containing 0.3 acres, A 30 foot wide temporary construction easement is provided lying northeasterly and adjacent to the above described easement as shown on the attached Exhibit A, . '.. , , I , ~ "\ . . . . " ~ f'IlM 60 PAGE 779 EXHlljlT '~II . fDt, e> ~~' ~c,. I i.'l.~ S~I/A :~I.1O'l (\') ~ I~ (XV~ >-.. ~ . 5 a.V ~ C'c) -,J ~~, ~~ ~ ~~~ ~ ~~ ~ ,~ ~~ ~ ~ "- ~~ ~ ~ ~ ~ ~ ~ ~ ~ __,c~ ~ ~ ~ ~ _.-,,----,,, CONSTl?UCTlON EASEMENT ~ ~. '--;;OJ'47'tJTc /5C!:!!' +<t~ PER?ETUAL EASEMCNT ~ , .. '-"""'-9<'.1::2 ~\J'_ -~-.!.~ ~ -----~.!2' HYAL/TE TRUNK ---- -- __ SEHEff LINE. MTHNY. ~ - ,- - -_ --J DEFT I?/H . S5?,(lE /s..~ r---:::::---~~ _ N52'ZS'OO"W ')C Ie lC-" IC \X-k x-=.t..::.::x-x_x ~ II " eoCiE Or ~VEMENT INTERSTATE 10 ~ ~~ " "J ~~ WEST LINe OF THE 5W~ Sc~ :5EC13 HAt;GERTY LAM rr</N 56 +68,35 CITY LIMIT:;} ~ ~ , ,.. ~~ ~~ a:~ , ,,~, .. THE CITY OF BOZEMAN 411 E. MAIN ST. P. O. BOX 640 PHONE (406) 580-3321 BOZEMAN, MONTANA 59715 filM 60 PAGE 780 Augus t 27, 1980 Montana Conference of Seventh Day Adventists 1425 W, Main Bozeman, MT 59715 ATTENTION: Mr. Burt Pooley RE: Easement and Right-of-Way Sewer Trunk LETTER OF UNDERSTANDING Gentlemen: The City of Bozeman desires to lay a City sewer line across various properties on the east side of Bozeman to serve the Hyalite View Subdivi- sion and other properties between that subdivision and Interstate 90, At the time Interstate 90 and Haggerty Lane were constructed ce~tain changes were made in the alignment of the sewer and a sleeve was placed under Haggerty Lane to accommodate this proposed sewer trunk, Connecting these existing facilities requires that the line be placed across land owned by the Montana Conference of Seventh Day Adventists and Carol J, Hunt which is more particularly described as follows: Beginning at a point where the west line of the SW~, SE~ of said Section 8 intersects a point 400 feet southwesterly, when measured radially from Montana Highway Commission Station 178+40,0 of the median centerline of Montana State HighwayoProject IIG 90-6 (1) 303; thence South 03 49'07" West, along the west boundary of said tract of land, a distance of 85 feet more or less to the ce8terline of said trunk sewer; then South 52 East along said centerline, a distanco of 155 feet more or less; thence South 39 East, along said centerline, a distance of 310 feet more or less, to a point 80' per- pendicular from Haggerty Lane Montana High- way Commission Station 58+50 and containing 0.3 acres, A 30 foot wide temporary con- struction easement is provided lying north- easterly and adjacent to the above described easement as shown on tha attached Exhibit A, HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK .. .. ).. .... Montana Conference of Seventh Day Adventists August 27, 1980 Page 2 fiLM 60 paGE 781 The purpose of this "Letter of Understanding" is to set forth a specific agreement between the City of Bozeman and the t10ntana Conference of Seventh Day Adventists, This agreement is contained in this letter rather than in the easement itself. In consideration of the execution of the easement and right-of-way agreement by the Conference and Carol Hunt. the City of Bozeman does agree to allow this parcel of land reasonable access to this sewer line upon the proper execution of the waiver of protest of annexation approved by the City as is normally required and the payment of normal connection charges and expenses. Should this property be annexed to the City of Bozeman prior to development, a waiver of protest will not be necessary and sewer service will be available upon request subject to the normal connection charges and expenses, This agreement shall be binding upon the parties hereto, their heirs, successors, personal representatives and assigns, DATED thi s ). 7 day of J) iL-.; c~, 1980, v By Ii (" \ \ j~ 2--1../ it ,-~L---------~-_ /' DUNCAN S. MACNAB, t1ayor DATED this /5r day of tJ~"L. 1980, dB ~ ,~, ~f.C!~f Montana Conference of Seventh Day Adventists oJ~(y;:.a/ I 0~,"-7,