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Home My WebLink About95- Town Pump Sewer and Water Pipeline Easement and Agreement - ---- ...... -----..--..-...... - , , . ." ~ .. , . . filM 162 PACE4030 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Town Pump Inc. - Lucky Lil's Casino, Bozeman , of Butte, 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 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 transmi ttinq sanitary sewer in, through, and across a strip of land tv.x:l hrmdred twenty- situated in Gallatin County, Montana, six and 48/100 (226 _48 feet wide to be located on the following described real property: The centerline is more particularly described on the attached Exhibit(s) "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, 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; ( 3 ) Grade the land subject to this easement and extend the cuts and fills of this grading into and on the land adjacerit to that which is subject to this easement to the extent GRANTEE may find reasonably necessary; and 1 .r' ,~..~.~,_,_,._.,~"". ._..._, ..," ,,"_.","r'," ..~..".,,",,.r"~<',,",,,,,.,,,jIp!'.',,..,,,,.. ,'"''''",.. r r.'" """". ~",~ ,_~,_...._"_~'_'_~~'h,._. . . __ ... I . . ~ I filM 162 PACE 4031 ( 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 ( 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 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 ) At no time will they modify the finished grade of the land over the pipeline by removal of existing sailor 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, th,~l t they 2 _u..".,_,.."'.,'_.,,'_, "''''''.~~",._ ~ . . .. . ~ . . 162 FACE 4032 ntH . 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. Dr{u\o.- 5 DATED this ';)..s -\'\. day 0 f , 1997. ,"'""'--> '~u,,'t~ ~\ ~~\~.\.~ ~ ~ \~\~ \J~. STATE OF MONTANA ) : 55. GALLATIN COUNTY ) On this ~5 day of ct7~ ' 19'15, before me, a Notary Public in nd f r the tate of Montana, personally appeared { , known to me to be the person whose name is s bscribe 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 official seal the day and year first above written. /]J~ A. AQ '~ /N~U~LI~A~T~F MONTANA R~' , a't;, , -, ./ ~ ~S.~6~ expires ~ - /.s - C; / <~~..:/ '--, ,,.,,,, , ,~ ~~J '-'.rp'l t.. '1\ ".'" i =: it ! i\; ~'E1 r liir,C~EPTED: ( $.. ~ ~ /t"""'l ;', 'f~ tit 10#, ',,:"';: -t"' '. \' .....~ , , r . " ~ ,. ';II., Af f....... ....~..... " -",(0, ,~t\ ' ATTEST": ;I da p (jjF ~ C erk of the City Commission STATE OF MONTANA ) : 55. Gallatin County ) On this 22114 day of , 19q~, before me, a Notary PUblic for the st e of Mon. na, personall appeared James E. Wysocki and Robin 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 seal on the day and year first written above: I '. I ~ 1,.; :~ I to ...... ",~\'i., ""'b- ,~ ,'I,,~ ......:: ..., --.J "~~ Cot" '" C ~, -<:r ,'-~' '~~ "- ~ ,- t to . ", ~. l..LJ'" .,:,,~ ~ ' " ~ 1/93 3 -, ,,(f) fq ./,,'-. 't~ '<~TI !l~' .. ~ ~ . - - . , . "A " rttM 162PACf40JJ EXHIBIT A Tract of land being a 10 foot wide and 20 foot wide sanitary sewer easement to the City of Bozeman located in a portion of Tract 1 A of Certificate of Survey No. 1364, situated in the SE1 /4 of Section 11, T.2S., R.SE., P.M.M., Gallatin County, Montana I- z w "';I NIX ..; ~\ ... - - - I- % ... '" ::I NIX ..; ~ w I \ [Xl STING 20' ..DE [AS('M[HT---- \ AS SHOlflt; (>>oj PlA T (Y ITSTIV"'L \ sou ARE IIIINOR SUflOI ~SION No 1 31 Seal.: ,. - 50' \ ~ .1 Q0t-\'l.~ \1>- ~ \ ,-0 \,. s \ ~~... ~C'\ \,0 ~s '\6.0~' ~i ~.::> ~ ....0 \ Oi \ i~ S 00'08'49- E ':)0 1:1'1- 20.00' ~i \ \ \.0\ f'##- I 5 88"04'05- E 10. · '\I 1'-'- ~s~ 5 90"00'00- W I I 10,00' ",,,.... 1<>' ... m,,,,,,.. ----W / AS ~ ON PUT Of ffSTlVAL SQUARE WlNOR SUBOIIIlSlON No 131 20' / I /) :l / t; / ~~ .. \j ~ / ~~ cQ' t'<jV.f- I I # ~S\\~"" I / ." State of Montana )ss I / " 324174 ~~ County of Gallatin Fiied ____~AY JL ,19 96 I ~~ AREA a[,___l.uL___..___L_M., and I ~G PROPOSED EASEMENT AREA: 0065 ACS. Rl.lcafi!(;.;! in b00i;._~---1+6X______ Df I / / t;. ~I~ELLANEOUS Page 4030 I V v' ~!%:1 AAH Of NEW ["'SOOT ,~~ f-,i1f.+-Eh~~e ,---- ..__"_..___.._~..._____!l...__._ ('O'li-tv \:1"1" Re(;(:ic!ef I Fee ~~ 24.00 94-577J,ctw9 RT: CITY OF BOZEMAN, PO BOX 640, BOZEMAN MT 59771