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Home My WebLink About92- Taylor Sanitary Sewer Pipeline Easement and Agreement, 1992 . ~ SANITARY SEWER PIPELINE EASEMENT AND AGREEMEN~' m~ 1:},1 P,\C[3971 Beatrice R. and Susan R. Taylor, of 6400 Bostwick Road, Bozeman, Montana, 59715, the GRANTOR(S), in consideration of $1.00 Dollars and other good and valuable consideration, receipt 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, 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, 30 feet wide to be located on the following described real property: Parcell: That part of the Sl/2SW1/4 of Section 25 and that part of the E1/2SE1/4 of Section 26 lying South and West of the Yellowstone Trail as now located. Township 1 South, Range 5 East, M.P.M., Gallatin County, Montana. (Recording Reference 76 Film 1327) . Parcel 2: That Part of the Northeast Quarter (NE1/ 4) of section 35, Township 1 South, Range 5 East, M.P.M., Gallatin County, Montana. (Recording Reference 76 Film 1327). The centerline 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, permitees, 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 to 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 1'). '::: ,. ,', " '1lIr 1 .. and maint'enance of the pipeline; rlf~ 13.1 F^C[3~'i2 (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 sanitary 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 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 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. (2) 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. (3) The GRANTEE may peaceably hold and enjoy the rights and 2 . rIL~. 133?t~Lf3~"'iJ 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. Dated this l~ day of .-r- -I un c , 1992. 'j;1.j 1" [~ ~\-(~ ,~'- , Beatrice R. Taylor c;Aj)d~. {( fa) /, Susan R. Taylor STATE OF MONTANA 3 ss. GALLATIN COUNTY On this I S- day of::[,h((, , 19 q Z. , before me, a .., 1'''It'1 ~~tary~D~?lic in and for the State of Montana, personally appeared :<Be'a:t;~;t2~ '~. Taylor and Susan R. Taylor, known to me to be the ".~:/pe:t:s'o'hs \"'h~se names are subscribed to within this instrument and '., I ',,,' . v; . . i ~ ~ '~S?fQ:1'~~\2?gep to me that they did execute the same. ~ \. C6}-:"~)'in ..*J\hess whereof I I have hereunto set my hand and aff ixed my \ '~tfi~i~~~seal the day and year first above written. '1'1, "fA, T" 0\ V'-,,"" l.ll,,~~ C. \\\\1,~' I'~tt,,~~,~!~ ~:~ NOTARY PUBLIC FOR THE STATE OF MONTANA Residing at L~(J'ZE n 14i'\. m't-. My commission expires sil,)1 9~/ SEAL , . ACCEPTED: Flt~, 133,?AC!EJ$.\ '\ (~ \'\,<L\'{ \,). \ .' ., \ \ ('.... '. ". \") 1 , ,,) A~ 01 J~ Clerk of the city commission STATE OF MONTANA ss. GALLATIN COUNTY On this SOp' day of ~ , 19 'l,;;v; before me, a Notary Public 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. In witness whereof, I have hereunto set my hand and affixed my seal on the day and year first written above. ~;~ c::4f~a~ y" " '. .:..~O~ARY PqB~'i..6..,.. ~TE OF MONTANA , Residing at>r:) '. ~ ;;;)~y 'Cbmmissiffn: expires I--/.;? -9.5 .;. -(":"" . '"'....... , t,>- . ,.,.,,:( S tA!) F ~:\ r....,~. . 4 EXHIBIT A PARCEL 1 f1Lt.l, 133 rACE3~j7S BEA TRICE R. & SUSAN R. TAYLOR 6400 BOSTWICK ROAD BOZEMAN, MT. S971SC \ ~ \ \ \ i \ -:\\ -N- .:.,. ""\ \ ~ v.. '0' 'l \ r \ MH 3 \ \ \ \ \ \ \ \ 300 0 300 600 I \ \ I \ SANITARY SEWER \ \ \ scole feet \ \ \ \ \ -4\ 1 \ \'i!1 1 lJl \ I Z\o\ 1 ... E\;;I \ Ie,; ~j~1 \ <.0 - I 1 \'" ":i8\ I "" 2\ \ \ I~' \ . 1.-.-60' \ ;:\ 26 25 1 \ rr3O' il g \ 1 \ ~\ \ 1 \ \ \ S2\ \ 1 -4 \ \ \ ;;\ I I \ 35 36 \ !f' \ S89'50'12"W 1273.97 A Sanitary Sewer easement and right~of~way lying within the E 1/2 SE 1/4, Section 26, Township 1 South, Range 5 East, M.P.M., Gallatin County, Montana and more particularly described as a thirty (30) foot wide easement, Fifteen (15) feet on either side of the following described Sanitary Sewer centerline. Beginning at a point on the South Boundary of said property, said point lying S 89' 50' 12" W, 1273.97 feet from the SE corner marker of Section 26. Thence, N 03" 39' 12" W, 418.98 feet to Manhole 3. Thence, N 21' 16' 23" W, 67.60 feet to a point on the West Boundary of said property. Total centerline distance of easement 486.58 feet, together with 0 temporary right to enter and occupy during construction and installation of a Sanitary Sewer on additional thirty (30) feet of width, fifteen (15) feet located on each side of the above described easemen t. " .. . ~ -N- ~ EXHIBIT B PARCEL 2 FllY, 133r~SE3976 BEATRICE R. & SUSAN R_ TAYLOR 6400 BOSTWICK ROAD BOZEMAN, MT. 59715C S89'SO'12"W 1273.97 26 25 SANITARY SEWER 35 .36 feet 600 300 I scale o 300 A Sanitary Sewer easement and right-of-way lying within the NE 1/4, Section 35, Township 1 South, Range 5 East, M_P.M., Gallatin County, Montana and more particularly described as a thirty (30) foot wide easement, fifteen (15) feet on either side of the following described Sanitary Sewer centerline. Beginning at a point an the North Boundary of said property, said point lying S 89- 50" 12" W, 1273.97 feet from the NE corner marker of Section 35. Thence, S OJ" 39' 12" E, S1.23 feet to Manhole 4_ Thence, S 1S. 1S' OS" E, 281.39 feet to a point on the South Boundary of said property. Total centerline distance of easemen t 362_62 feet. together with a temporary right to en ter and occupy during construction and installation of a Sanitary Sewer an additional thirty (30) feet of width, fifteen (15) feet located on each side of the above described easement. 2 6 /",OUID /0 .. 7~OQ""FIID I'iJ .)FFICE OF COUNTY RECORDER) SOUNTY OF GALLA TIN ) STATE OF MONTANA ) TIIIS'INsTRUMENT WAS PILED FOR RECORD IN THIS OFFICE ON THE 14 DA Y OF JULY , A.D., 1993 AT 3:45 PM., AND WAS DULY RECORDED IN BOOK 133 OF MISCELLANEOUS RECORDS, PAGE 3971 Fee$36.00 Shelley M. Cheney R RCORDER. BY GN> ~ QnAA'1rl'1i . . DEPUTY RT: CITY OF BOZEMAN ....