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Home My WebLink About97- Smith, Roger and Rosalind Sewer and Water Pipeline Easement and Agreement .~ '"'I" R E Cr-. . I' ''- r" .~ ..... f': r~ 1999 .. ~'~ I t/ ~. W i '"\ ~', I'; ...J SEWER AND \v/ ATER PIPELINE AND ACCESS EASEMI[~~ AVJI~ ~b~22~ENT Roger 1.1. Smith ,11ll1 Rosalind Smith, of Bozeman, Montana, the GRANTOR(S), in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) lO the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman, 1'11', 59771-0640, GRANTEE, its successors and assigns, a perpetu,ll casement to lay, construct and maintain a 12" water pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water in, through, and across a strip of land situated in Gallatin County, Montana, Thirty (30) feet wide to be located on the following described real property: LotS of Annie Subdivision Phase II, situated in the SE 1/4 of Section 2, TIS, R5E, r.M.M., City of Bozeman, Gallatin County, Montana. The easemcnt is marc particularly described on the attached Exhibit "A" which by this reference is made a part hereof. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns and its and their agents and employees, to enter at all times upon the above-described land by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the GRANTOR(S) in order to survey and establish the route and location of the easement and the pipeline and to: (1) COllStruct, operate, patrol, repair, substitute, rernove, enlarge, replace, and maintain the pipeline, services, connections, accessories and appurtenances; (2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the boundaries of the easement which may, in the opinion of the GRANTEE, interfere or threaten to interfere with or be hazardous to the construction, operation and 1l1ainten,lIlce (3) of the pipeline; G cade the land SlI hj ect to th is easement!w>d .,."n~ tho cW- 0 n dJillu>Lthi, [,. "~, t-e (f. fir f../,S. :~-hc lnnd ;tdj:H.:Cnt In Ih"t--:~\'hich i$ svbject to thi!l'CilSenwllt to the:ext.cttl;. . . (~ R--A-I'>J-+-I1..J..t,'~l~r fi>>tl+c",.~€:JTF,lL,I y Ileu::':>'l.Yyt;{nlld (4) Support the pipeline across ravines and water courses with stHlctmes which 6n..I'd~'t'[.E _ 6i~ f1 1/10 /{ deems necessary. f~ H ~ c: \ wpd( ,cs \(orms \easernentJ fill updated 9/97 .J THE GRANTEE AGREES: (1) F1i.~ 198 ri~ct 4{)()} That, in connection with the construction, operatin~ patrollin~, repairing, substitul ing, removing, enlarging, replacing, and maintaining of said 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 trenchec.l 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 dut 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, construct and maintain said pipeline in sllch manner as will not hinder or prevent the proper cultivation of the tract to which this ri~ht of way is hereby granted. THE GRANTOR(S) AGREES: (1) At no time will they build, construct, erect or maintain any permanent structure within the boundaries of said casement without the prior written cOllSent 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 casement without the prior written consent of the GRANTEE. (3) The GRANTOR(S) warrant that they are lawfully seized and possessed of the real proiJerty 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, coven.lllts and provisions of this easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, sllccessors and assigns of the parties hereto. c: \ wpdocs \forms \easemem.frm updated 9/97 2 "".. DATED this % day of ,;Jl~ GR DATED this 1t day of m aA ~J~ t 1992_ /i~ ~ F', - j /' "-'c~"7 -L:L'fi.. GRANTOR An '2O\'C( ST ATE OF M<)fJT ANA ) 0'o.ncCf=L{ ) ss. County of G,W;1tin ) " On thi~day of //b/l../7J , 19iZ before me the undersigned, a . Notary Public for the State -;;f M~~k~ts~nally ap~eared \~~}C~\1t:O\.riR.fGh\1j'>ll1-t\ known to me to be the person whose name IS subscnbed to the wltllln lBstrumellt, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand alld affixed my Notari.,l Seal the day and year above written. (SEAL) ~. OFFICIAl SEAL ~ .. S THOMPSON .!~. . . NDTAR". UBI/C.IIAIZONA .' MARICOPA COuNTY " '. ~y C~mm fltpir!s ~eb, 11, 2003 Notary i)ubli~ for the:9\?tan;th zof"Ci Residing at noz~lan, MoJrlana me.ser, An zcrq My Commission Expires STA TE OF MONTANA ) ) ss. County of Gallatin ) On this _ day of , 19 ~_, before me the undersigned, a Notary Public for the State of Montana, personally appeared ____~___~~ known to me to be the person whose name is subscribed to the within. instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) - Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires __________._..._ c: \ wpdocs\forms \easement.frm updated 9/97 3 I'" ... ACCEPTED: ~I'''' 198 "Arf'4008 --='~~~::::o....~ L, , it,", . - CITY OF BOZEMAN by its Ci tv Manager f!}IJSJ;x~ ~ the City Commission STATE OF MONTANA ) )ss: County of Gallatin ) /II L/.. On this .Y~ day of ::i;"" f. , 199J,'heforc me the uuders;gned, a Not,,,y Public [or the State of Montana, p sonally appeared CLARK V. JOHNSON and ROBIN L. SULLIV AN, known to me to be the City Manager and Clerk o[ the City Commission for the City of Bozeman and the persons whose names are subscribed to the within instrumellt, aIllI acknowledged to me that they executed the same [or and on behalf of the City of Bozelnan. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day .\. \' ~)\l1d ,y;arfirst above written. '"'. .. + " .. r, ., \ il. .,.. (~EAL) .,' :..-...........-... 7' .-.r.. C1-"/. .... 'J.'" e;/ ~. ." :; .- "" .::;..a/2~/ C:;-~7.CIi... _ _t:-:":-c,-<-_,<.J~/ _-"NOTARY PUB!;)t FOR THE ~TATE or MONTANA R . r /, /..' j , eS10ll1g at-0'/-:'J:C-)<I~':.....r<--/:_ My CommissiOlt1?xpires &- /...) ,,9 '} 11. ,~ " ,,' ~ '~ c: \ wpdocs \forms\easement.frm updated 9/97 4 _~ 30' WiOE WA 1m LINE EASEMEN1 ROSE PARK .. , ~ m~ ,~9g rt;SE'VJ'9 EXHIBIT A SCALE: ,"=200' A 30' WIDE WATER LINE EASEMENT TO TilE CITY OF GOZEMAN SITUATED IN A PORTION OF L.OT 5 OF ANNIE SUBDIVISION PHASE II L.OCA TED IN THE SE1/4 OF SECTION 2, 115., H.5E, P.M.M., GALLATIN COUNTY, MONTANA AND BEING FURTHER DESCRIBED AS FOLLOWS: lRAC1 1 C.O.S. No. 1256 Point of Beginning C.-NI/le CORNER Of s(c nON 2 N fEJ"22'44" E 30.01' ~l /- ,- - - - -\ - EXISllNG EASEMENT TO TltE CI1Y OF ~ BOZEMAN FOR smEET PURpOSES ___-EXiSTING 32.S' WIDE EASEMENr TO TIlE ell Y or BOZEM AN FOR StREET PURPOSES "..;t. <D 'in to o I"l LDL5. Beginning ot 0 point heing the (--N' /16 corne! of Section 7, said point olsa being the southwest cornel of Tract , of Certificote of Survey No. 175(;; Thence along the south line of said Iroct 1 N fl9'7i4f' [ a distance of .\0.01 leet;lhenee S ()1'18'4J" W 0 distance of D01.55 feet to a point on the norlh night-of--way line of West Oak Street; Ihence along said line S 89'1;>'10. W (] distance of .30.02 feel to (] point on the narlh-south mid section line of soid Section 2; Thence along said line N 0\'18'4:1" E a distonce of 1301.64 feet to the Point of Beginning. Said waler line easement being 0.913 oeres or :~9,048 Sq, Fl. o 1"1 w LOT 5 ~ ANNIE SURDIVISION PHASE II . I") V- in I' t::) Z . I") v- <0 f- a VI ROSE PAI?K -- jO' WlOE WATER LINE EASEMENT 12 WEST OAK STREET ';n u> -,,;.... f--rXISllNG j2S WlOE EASEMENT 10 IIlE CiTY or IJOZEl.lAN r OR STREET PURPOSES La T J or ANNIE SUBDIVISION PHASE. II W T 4 or ANNIE SUBDIVISION PHASE II \ 39~2033 OWNERS ROGER II. ,J,c ROSAliND SMIIII ,/ Stale oj Mont., County oj Gollatin. ss Filed /or record MAY EA.SE..MJ~NLArr[t\ CIWSS Ar~EA: O,A98 ACHrs or ,\9,048 Sq. FL 28 . 19.....2.2,ot 2:48P.l\iI., and r('(;()rdod in Book 198 F:::C:::~::OUS pag' 40:: &;'~ RT: CITY OF BOZEMAN ~ of Recorder Deputy JUNE 11, 1991l 91~05.-2[).d"g