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Home My WebLink About97- Sewer and Water Pipeline, Wood, 1997 , . . REeF'V" . "'-'" .. . ..':J t....'"., "'l.,.t.. 0 !; 199/ FILM 193 P^CE 4f.ip SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Thomas R. and Cathleen C. Wood, of Bozeman, MT, the GRANTOR(S), in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, gram(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 water pipelines 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, Section 30, T2S, R6E, P,M,M, ten (10) feet wide to be located on the following described real property: A portion of Lot 1, Sourdough Creek Properties, Subdivision No, 2, located in the southeast one-quarter of Section 30, Township 2 South, Range 6 East, P.M,M" Gallatin County, Montana, The easement is more particularly described on the attached Exhibit(s) "A" and "B" which by this reference are made a part hereof, This gram 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 GRANTORS in order to survey and establish the route and location of the casement 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 adjacent to that which is subject to this casement 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: flL~ 193 PACt 4ft6 (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water pipeline, it will repair or replace, at its sole expense, or pay to GRANTORS 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) Tolay, 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 GRANTORS AGREE: (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 soil or by placement of fill material within the boundaries of said easement without the prior written consent of the GRANTEE, (3) The GRANTORS 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 GRANTORS, 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. 2 . .1 . DATED this 5~' day of Jr-~f;7E/7 -, 1997. m~ 193PArE 4W h R --r-; ./ ' ' I- ''e/'v1..A.l Ld 1z-i{;t,;C '- THOMAS R, WOOD /1. /J 1.1 ( It) {/./< I\. L' w tJ () '-- CATHLEEN C. WOOD STATE OF MONTANA ) ) ss, County of Gallatin ) On thisS day of cJ.. ~ C).lYV\ ~, , 19()(1 before me the undersigned, a Notary Public for the State of Montana, personally appeared CJ/1 ()1-r1 CA...<) w (riel- , 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, ~ ~~~ ~_ ::~SlfWt\.. ~",:.., ~>~', '* .,~o' Rr~ '.t,," ~ _~.. "0'" 'J :' ~ ~~. (,J. : ; - 0 ' :'SEAL': : ~.. / \~ ~ \" .......;,,: Notary Public for t State of Man Ilna ~~I;""'" .;........ ,t:.,., Residing at ,B~zeman" Montana 'CJ0 ".,.'oF...~\,,:> . My CommIsslOn ExpIres C, -- / (;1- -:-1 G STATE OF MONTANA ) ) ss. County of Gallatin ) On this 5- day of AO }J' Q./'vn L~ , 19:[1 before me the undersigned, a Notary Public for the State of Montana, personally appeared C ~~ \t;'~ known to me to be the person whose name is subscribed to the within instrument, a;;-d acknow ledged 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};".. .,'~ ~:,..r.N.Otf~ " ,,\".' -"/;0 '~ .:.~\..~.,O\^R'4/".,~ \ Gm 0'.. ~ "", 0 ': . /I /1. .'. .. '_ . V" /'\...^-L y: ~_: ., ~. S E'A L' j.: Notary Public for the ~;.. "'" '. '" ./li..,' Residing at Bozeman, ontana , "1 )'-;.........'.~;... ~~," My Commission Expires C'1 -- I Cj _ elf; ":. '. OF ,1\0\\,'" .; ~ f ,. . .. 3 ,,, , . ACCEPTED: \ filM 193 PACE ~ , -4.-1----'-.-- CITY OF BOZEMAN ~:d~~ by its N\\\t--\d:.~ Clerk of the City Commission STA TE OF MONTANA) ) ss. County of Gallatin ) '16 iJ On this /...J - day of ,():f..(".L./-j<---/Uc-- , 1997, before me the undersigned, a Notary Public for the State of Montana, personally appeared CLARK V, JOHNSON and ROBIN L. SULLIV AN, known to me to be the City Manager and Clerk of the City Commission for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman, ,. ,IN WITNESS WHEREOF; I have hereunto set my hand and affixed my seal on the day an~~- ftst .?-,bove written, '" . /) .... ...," -. / ~.. ~/ t:) .,.. ". /'~ 'i~ I ' o' ~ o ,t" ' 1-. :. :. '''''{' ' trl1~AL~:; , ::: \ t"M..o '.;It:: LA c." ;: ! ~ ,....' t".. . ~ ..' "I". ,...".:- ..,' ..'~ ..' :J ' ~" 0<1 J ,"" .... 04 It '4 . ,,' '~LA:.__~'-...-----" " .. ;.\" CC--t"-7-.A.- ..,;,.. ~T~RYP~CFOR THE STATE OF MONTANA Resldmg at "O~~L-"-""--- My Commissiorfixpires ? --/j--fJj' 4 .. . . . . fILM 193 PACE 409 Exhibit "A" , 4. A tract of land located in the southeast one-quarter of Section 30, Township 2 South, Range 6, East, P,M.M., Gallatin County, Montana, described as follows: The sideline of a 10,00 foot wide water pipeline and access easement, across a portion of Lot 1 Sourdough Creek Properties, Subdivision No.2, lying south of and parallel with the following described line: Beginning at the northwest corner of said Lot 1, South 89012'25" East along the north line of said Lot 1, also being the south right-of~way line of Goldenstein Road, a distance of 211.00 feet to the end of this easement; The sidelines of said easement being lengthened or shortened so as to begin on the west line of Lot 1, and end at a right angle projection to said right-of~way line. Said Tract contains 2110 square feet, more or less, H:\233G-013\ WOODEAS,WPD 5 I . , I , I , . . . , ~ I 193 P~CE 410 c I fiLM bi I J I <<( - , I I ~ I '" I I I ~- --.- ~ -- '" 101 c..5~ s. u - Z l- I I Za. ~ ;Ii .., I 0::::, ~~J I- -< .., , -< ~ ai I c Ii I 'O~ lSOd ~NIHJ1IH 'M UJ. 1 I ~~I 0 I ~ I 0 , L_ ~~~ ~ I I ,OO'OOl \ I -- -- - 51 0 ~ :.: ~ I qg ~ 9 ~ m ~ I m c d .., -f lS <<( .., ~ I \ I t5 is I c~ I W :r: 1-0 \ I (/)0 I (/)0 ... a:;.: ... I ,0 L 0::: m '1 ueJ I <( ... z ... I- I-w ll) C/) zw 0..- <I: w.....J r--. ' f- I 1" oOm Q) w :;!I II o all) en wI- - I! 0:;': 0 \D (/)<( OJ I f :=; ,I-WtD <(u ( 'I u:;!c.or--. w Wo - IJ ' t"1 c.o LJ CJlZ I I~ O:::zz..-v z CJl<( I' w o <[ I ) CJl w <( E E C'1ey w I i I ,I Q, u. X <(-.J:;!u...u... uo::: I'I 0 :::2 I W Z . <((/) Il II OI-NroN o :r: W I II 0:::: :r: <( 0 v ..- ......1- 0<( I- ::J :::: Q, I-U(1)..-..- uD z~ In WVl <(0 :::: Vl :r: N ~N wI- N (\J I II , ~ LI- en W l() m a.. W N 1') dO co N ...-; ...... 1\ z cr: 0 en <D I 0..>- I (1 ! uz co N Vl -I- Z n..o::: z ~ I o:::W Ii: IZ 0 wo.. I I- 1-0 I 00 <(0::: 0 :=;n.. I I ~ I j ='- I oCf) I c~ I 1 0> I W I I ~ --0:::0 I- 0 . I ."5 I-='CD Z 'J u 00=' --.JCf)({) ~ , r:! ,OO'OOl u - 1Zl.. ~: 3 Sg,vr.OO N ;N.u'J(:1Y" ~ J I i ::c X'.a I 0.. . :.1 I I -< - I 0:: IS I ~ t:) I Q. I I I I I , , 380841 " / \/ state of Mont., County of 8IIIIeh.. sa Filed for retOrd DECEMBER 24 ,19 98 at ~M. and rlItIIlIlled II Book 193 _ ~ MISCELLANEOUS page 4OS-- 'J rzlan(!w Recorder. 'By 111 ~a (OA1+a.Jw~V71._ Deputy FEE: $36.00 RT: CITY OF BOZEMAN .