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Home My WebLink About21- Sewer & Water Pipeline and Access Easement and Agreement - HRDC - Lot 2, Wheat Commercial Subdivision Return Ori ' alto: HRDC B eman 32 S cy Ave. .'LAI f f 1) B eman,MT 59715 Haturn to: City of Bozeman City Clerk ISO Box 1230 nuLarnan, MT 59771-1230 2726977 Ei c e 0n169PM Fee: $S 00 rII�Sem1rad - Gallatin County, Mc 111111 11111I11111111111111111 IN I I I 111111111111111111111111111111111111111111111 IN SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Human Resource Development Council of District IX, Inc. , the GRANTOR(S), in consideration of $1.00 and other good and valuable consideration,receipt of which is acknowledged, grant(s)to The City of Bozeman , GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain approx. 375 LF PVC (sewer) and approx. 350 LF copper (water)pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water and sewer in,through, and across a strip of land situated in Gallatin County,Montana, minimum twenty (20) feet wide to be located on the following described real property: Lot 2, Wheat Commercial Subdivision(Plat J-58C) . The easement is more particularly described on the attached Exhibit 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 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: (1) That, in connection with the construction, operating,patrolling,repairing, substituting, removing, enlarging,replacing, and maintaining of said water and 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. THE GRANTOR(S)AGREES: (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) That where the subject improvements are not located under improved public or private streets or other provided access, a 12 foot wide all-weather access road may be constructed within the easement where at the City's discretion such access is required for operation and maintenance purposes. (4) The GRANTOR(S) warrants 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. (5) 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. DATED this day of 20 Z G R STATE OF MONTANA ) ss. County of Gallatin ) On this day of Tel rev , 20 2 ,before in the undersigned, a Notary Public for the State of Mo�}tana, ersonally appeared, ��i Cyc4,1,'-c I , known to me to be the �,�,c,�l - -V Ce D of and the person whose name is subscribed to the within instrument ana acknowledged to me that he executed the within instrument for and on behalf of /1/9 41)C, IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEA ) _ MARTIN JOHNSON QQ Notary Public =a�.No7AR/,qz'.2_for the State of Montana tart'bblic for the ate of Montana *: Residing at: ISEAL Bozeman, Montana �/OI ✓0�1 n �[�vm so �-� '%� P^' My Commission Expires: of Mo February 03,2022 (Printed Name Residing in a 2QvKvl_ T My Commission Expires F / _/20 Z Z ACCEPTED: • CITY-OF BOZE AN By••• .. ."r � City Van4fer ATTEST: tio 'V4'6 City Clerk ar � 83, „: �t'� MU� STATE OF MONTANA ) �` ) SS. County of Gallatin ) On this IM day of , 20 2.1 , before me, a Notary Public for the State of Montana,personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk 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 and year first above written. (S L � ER a�F� HEAT ary Public for State of Montana PN ��^; HER B��NVEwu� w;NOTAR/,q �' Notary FUk' __ :m_for the State of Montana =N�.S1E Residing at.- So zern Printed Name) 9 J_.;• << ;,. an, Montana Residingat Bozeman, Montana °� ' MY�commis Expires: Uary 26, 2022 My Commission Expires: _/ /20 EXHIBIT A SEWER &WATER EASEMENT BEING A PORTION OF LOT 2 OF AMENDED WHEAT COMMERCIAL SUBDIVISION, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 1, TOlVNSHIP 2 SOUTH,RANGE 6 EAST,PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEAIAN,GALLATIN COUNTY,MONTANA z d � -OT 1 �� FND OPC " TRAOT A S87'52'50"E FND REBAR -p p r w —--- 177.82' c> -r ----- �� u wNas �ul �moo. o \� �.oZN z r ______ F _ N87'52'S0"W \ N88'14.13"W 1 96.24' \ 18.61' I I r�SO1'45'47"W I 18.51' \ FND YPC N01'45'47"E 9.86' I I N87'52'50"W 10.38 PROPOSED N87'52'50"W 10' WIDE 38.01' IUTILITY ! EASEMENT L I a �I I� LOT 0 o I I^. 1.05 acres EXISTING r uiI I-`r a' 15' WIDEUTILITY Z I Iuj o EASEMENT I I V7 cli N PROPOSED o 30' WIDE SEWER & WATER ; EASEMENT N31'51'01"E 23.10' I w � LOT 3 iao`E NI'45'47"E 19.75'�0 y S31WO "W FND YPC 1. 0'R=4172. N88'14'13" 11 L1080.= . 10.83' A-0*08'54" C= 05W64'56' 5" 10.8 ' I FND OPC \ 90 0 n 0 ONTAN o .` �. 9 '. .. � , ,• . BASIS OF BEARING,COORDINATES BEARINGS SHOWN ARE MONTANA STATE PLANE GRID. "/� DISTANCES ARE GROUND DISTANCES IN INTERNATIONAL FEET. "GREGO .�j 7� MONTANA COORDINATE SYSTEM NAD 83 ;'zFJ- ,/,UJ/ HORIZONTAL DATUM: BOZEMAN CONTINUOUSLY OPERATING • Nd.1�3174LS REFERENCE DESIGNATION DK7547 MTSU BOZEMAN CORS ARP n MONTANA STATE PLANE NAO 83(2011)(EPOCH:2010.0000) a 't Nq� LAN�. NORTH LATITUDE 45'39'40.37689' L L WEST LONGITUDE 111'02'42.00898" n UNITS: INTERNATIONAL FEET o Convergence angle: —01'07'49" a N 0 5 10 15 0 0 N SCALE: 1 INCH= 10 FEET o_ PR.]ECi ARKYAR 4F SHEET niw�u*ssiia Civil Engineering pJJS �m By.m I�OF1 wore iue�sszezz, GeotechnIC,Engineedng FAX-- ` vd„ Land Surveying u� awn er:ar trtacm „�",y oATe m/ti/z1 E mt