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Home My WebLink About93- Sewer Pipeline Access Easement and Agreement, Ziegler, 1993 . . " FILM 139 PACE 17J3 SEWER PIPELINE ACCESS EASEMENT AND AGREEMENT Jack R. Ziegler , of 703 Bridger Drive. Bozeman, MT 59715 , 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, tJ a municipal corporation of the state of Montana, P.O. Box 640, 411 East Main, Bozeman, Montana, 59771-0640, GRANTEE, its successors i0 and assigns, a perpetual easement to lay, construct and maintain a <:::-.... . .~ \ \"'~ sewer pipeline with the usual services, connections, accessories ....J . l~X) and appurtenances for the purpose of transmitting sewage in, ,"'--., "'-.:) through, and across a strip of land situated in Gallatin County, r{'\., ::t'~ Montana, twenty-five (25 ) feet wide to be located on the following \ described real property: Gc See Exhibit A 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 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: , . fiLM 139PACE1734 (1) In connection with the construction, operating, patrolling, repairing, sUbstituting, removing, enlarging, replacing, and maintaining of said sewage 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) 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 back-filling 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 back-filled 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 soil or by placement of fill material within the boundaries of said easement without the prior written consent of the GRANTEE. (3) 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 GRANTOR(S). . , . , FILM 139PAGE17:JS It is agreed and understood that 1/1hile this easement is conveyed to the city of Bozeman, First Security Bank of Bozeman is responsible for the design and installation of the sewer pipeline to the GRANTEE'S sewer system subject to approval by the City Engineer. This easement allows First Security Bank of Bozeman, its agents and contractors access and right to work within the easement to install the sewer pipeline. 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. l . "'171'/ V - DATED thlS Q<.~7 day of "r ' 1993. ~ ~ IN", R<- - , .jV .A - ATTEST: . IJ \~,. IJLJ,Jjp~ ~c . ~---,-~-_._----"-~~_._---- b Manager Clerk of Commission STATE OF MONTANA ) :ss. County of Gallatin ) rd. f! On this ,,:'<3 -- day of auLiv, 1993, before me a N9):ary Public f.". o~he State of Montaiia, ,A)ersonally ap;pear~ .A' a.<..,?:,'#J. If. :=c U2!j , known to me to be the ~ d~ ~ . of , , tho coq3gr~ti Oft- that executed the within acknowledged to me that such 'S~:;~?~~~uted "", WHEREOF, I have hereunto set my hand and seal the this certificate first written., /'.., A/' . .,~.' , , ,.' , .,./.. ,/ '7 _..,' --z:.h~~ u (~~ Notary Public for the State of Mont. Residing at <:'~PU,:::t:.."--'" , Montana My commission ex res: 9 - /8 ..- 9'.>- STATE OF MONTANA ) :ss. County of Gallatin ) On this 1l~ day of ?)&1!-It1b~r , 1993, 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 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 seal the da: a~d year in this certificate first wJ/ -:ten. "...........g.; ~ .,oit" M Nt': ....".~, ,.,., ~ ~.....~...:4 ""S{,.._,~ Notar ubI ic for e S ate of Mont. / .$:.<~r.);"',1'. \. Resi i 9 at Bozeman, ~ana f ~f \\\HA.A1Al \~~ My co ission expires: ,1/ 1?1~ ~ : ""'SEA' "L: i J -- ,." . ... ; ,,~ : i ~ -___ ,',,c' ..a,;.. ~ #"... ". " '\' " ;, r<( . " ..\ ' "'" 1'10 ......,.. ,,\ ~ c" ". r Or "r,l' .,' '. . 'Is/ ' '1"11' ,\' , , .. . i . .. .' , . - EXHIBIT A fiLM 139 PACE1736 LEGAL DESCRIPTION - EASEMENT FOR SANITARY SEWER MAIN i A TRACT OF LAND BEING THE SOUTH 25 FEET OF TRACT 1, CERTIFICATE OF SURVEY , 7 F 21 B, LOCATED WITHIN THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP , 1 1 SOUTIi, RANGE 6 EAST OF TI-lE PRINCIPAL MERIDIAN OF MONTANA, AND BEING FURTIiER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 1. THENCE NORTH 00"45'00" WEST ALONG THE WEST LINE OF SAID TRACT 1, A DISTANCE OF 32.01 FEET. THENCE NORTH 50.50'00" EAST AND PARALLEL WITH THE SOUTHERLY LINE OF SAID TRACT 1, A DISTANCE OF 274.41 FEET. THENCE SOUTH 00'45~00" EAST ALONG THE EAST LINE i OF SAID TRACT 1, A DISTANCE OF 32.01 FEET. THENCE SOUTI-l 50.50'00" WEST I ALONG THE SOUTIiERL Y LINE OF SAID TRACT 1. A DISTANCE OF 274.41 FEET TO THE I POINT OF BEGINNING. SAID TRACT OF LAND BEING 6860 SQUARE FEET, OR 0.1575 ACRES, MORE OR LESS. I I I I I ~ I I ~'O ~ <<,A0 4.'1- ~ b c} \3V' ~ '1 ~"~ '\ .... " ...t" 10 ~q, II) '?-v'\ ~~ ~ , ~ c," ~ d< ~ ~ &,v ~ ~~ ~ ...... C>J 0<i) . 1") ~ 0 ai 0 ~f~~. d~ r:. EXISTING ~ ~ PROPOSED BUILDING ~ 0 0 MANHOLE ~.~~ ttJ ~ (Il 5 C;'~ Q'jl ~1 ~ EXISTING 3= FENCE" / / / - ~5 8 / <....,_,.....5, ~ ~~ f,:j / #~ 2~ 0 / k ~ / ....CI 0 ,..C":) / O~ z /./-/ +~ .i\~/ ~Q. ..0/ · ~ EASEMENT FOR FRONTAGE / / / 4~~ r\h!'.... O~ c:, ~~ i() ROAD WIDENING SHOWN / / ;-I.. ').. ~ ...0 ON C.O.s, 7 F 218 / / ~ f<.~'\ / I i~ V · ~/ ~'" f<:~ / .~C; / (":) . ~ 'f-C":) , \ f.P / ~'\) .(p ~ ~..~, ,~,/' ~/ ~O ~ ~~ '\)~/ ~. {I' <; iF ')-<, ~ <?J~~ ~~~/ 277841 e:f Moot.. County of Goliatio. " I'd,'! J", "coeJJ2ECE.!1BER 27 , 19 93 at..l.il.!Lf1.. o~:,i rf','()i(L,,{ in !l",,!, 139 0 ..~, :~ __~IV____J / MI S CELLANEOU Sp(!~W ..l2.3",~..u.._,~h~.I!!L,,~...:..."~!ne,___/~l!coral.!r / // FEE: $24. 00 B0...1~ a 0.i ....0- .Deputy / / RT: AMERICAN LAND TITLE CO P"'flared By: Rocky Mountain Engineers P.o. Box 883, Bozeman, Montano 59771