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Home My WebLink About07- Rosa Construction, Inc. Sanitary Sewer Pipeline and Access Easement and Agreement ..! ~~ci. ~~~~~~ 59771-1230 l~~!I!~ ~!I! ~!~~~! !~,I!~~!~!!!ll~IIIII~! I~I ~~,~~f:~~, Bozeman, ----'J"::' // VfiLA!r1of SANIT ARY SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT ROSA CONSTRUCTION, INC., of P.O. Box 11113, Bozeman, MT 59719, the GRANTOR, in consideration of one dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, grants to the City of Bozeman, a municipal corporation of the State of Montana, of 411 East Main, P.O. Box 1230, Bozeman, MT 59771-1230, the GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sanitary sewer pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting city sewer in, through, and across a strip ofland situated in Gallatin County, Montana, 31 feet wide, to be located on the following described real property: Tract B. Certificate of Survey No. 2389. according to the plat thereof. on file and of record in the office ofthe Clerk and Recorder. Gallatin County. Montana. and located in the East Half of the Southeast Quarter of Section 4.Township 2 South, Range 5 East ofP.M.M.. The easement is more particularly shown and described on the attached Exhibit A, which by this reference are made a part hereof. This grant includes the right ofthe 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 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 ofthis grading into and on the land adjacent to that which is subject to this easement to the extent GRANTEE may find reasonably necessary; and "- .... w '<t QJ<D~ m~f'. r'I) 0 g It)N~ NQj~ Ol- N~;; (4) Support the pipeline across ravines and watercourses with structures that the GRANTEE deems necessary. THE GRANTEE AGREES: iiiiiiiiiiiiiii 0 ~o ~ (1) ~ iiiiiiiiiiiiiii -u ==== ~ iiiiiiiiiiiiiii ~ ~l!: _0 ~u ____ c iiiiiiiiiiiiiii :: ==== ~ (2) iiiiiiiiiiiiiii ~ ~C> -, ---- ~ ~::: =,., Q) iiiiiiiiiiiiiii :: -0 =- ---- ~ ~r. _U That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sanitary sewer pipelines, it will repair or replace, at its sole expense, or pay to GRANTOR 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. 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 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 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. 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 j a n un 7/ ,2007. "- ...-4 CD ...- OJ .;; m<OO -t- ...... 00 ...~ 0 U)(f)~ N "<0 cu- Ill- N~o iiiiiiiiiiii 0 ~o =N =" - - iiiiiiiiiiii -0 -In -E -I- ~l!: _0 ~O iiiiiiiiiiii c iiiiiiiiii :; ='" -- iiiiiiiiii -;;; ~<J> -, iiiiiiiiii ~ =- _... =1: ~cu iiiiiiiiii ::: ~~ =L- -1 _0 ) ) ss. County f Gallatin ) On this J!i!!?day of 1Yl~~,{ ,kJ{ V ,2006, before me the undersigned, a Notary Public for the State of Montana, personally appeared, John Rosa, known to me to be the President of Rosa Construction, Inc. and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Rosa Construction, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and a~ad'""Y!J;j,otarial Seal the day and fi b . ,,\\ t'^' II/, yearJ.rst a o~~ inttf'r Ii I j'~~~. . . . -:~(~ ~~1\ I v\' C(LOS1Jw f~E~g:TA~/~":*,;\ Notary Public for e State ~~ ::; * . -'- (,. ,:: Printed Name: ' % <1". SEAL .: * l Residing in: ~ ;'A'.. . . .~o:;. ~:-:: ~,' <:-' .., ~- ,,,.... My Commission Expires ~//IIIOf: MO~ \,\,.:>' ....' 1/1/1/'/111\11\\\\\ AC~~W:il~ 'h "'. ..II'.*~"'--""" t.. '" , \. · '",~ ." . '. ('f , . '. ~ ."".....):.. .~\."'.~... , t' I" .- J \ .,.. j . 'f.~' , fIIIII>P ,~'-'" l ~ i ..... f .,,( . \, 1 \ ..,. \ ;"'")! i). \'J .;~- ' ,_.i'/ ."',f'"' j: < :.: .... i ~ ~ I-- '\;-.;.. 6:" . ..........~:, ;1. t ~-:_.. ~'''J,' :.'-- ~I, . . . .."~; :\3,,"- ,i,t' .' CITY OF BOZEMAN ~~ By: its City Manager STATE OF MONTANA ) ) ss. County of Gallatin ) On this Cj day of J Li () un ~ ,20U, before me, a Notary Public for the State of Montana, personally appeared CH SA. KUKULSKI and BRIT T. FONTENOT, 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. .' 0. ..... ~ OJ .;r <po 0)_ r~ ~OO "'6 0 It) <t ~ ..<p NQI~ 01- N~o -0 -~ ~~ ~ ~ _U -<II =.... _lE -I- ~E _0 ~U ~l: ~:.:: ==== ~ -~ ~I ~~ -- ~.....j ='"" ~.. ~~ ~~ =.... _1 _u IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. "/ /""." / ......-'- // ,;;.--- SEAL: \\\\\\\\111/ IJIIIII~ ~,\~ JOHN e~:'/~~ ~"Q...' . . . . ..r;~~ ~ .::,~ . . ~ ~ J..:.. l"AR . ':;:, g",: ~O lAC. t) ~ = - ~*: SEAL :*? ~ . . - ~d'l' .~,s ~:;.. ..:s.~ ~ od . . ~:s ~ 1/,~ . . . . . ~'~ ~IIII OF MO \\'~ 1'//11111I1111 \\\\\\ Pu lie for the Sta 'of ntana Printed Name: ':>+ ,/t,y I ) tlh.-1 (3 c F"Vl C; re( Residing at Bozeman, Montana My Commission Expires: P') / 7 / 20 I () , > a. ~ ~ eX) .; m<OO .....1'-. ('I) 0 ~ It) lD ~ NcU~ m_ Nri'o ---- ", ~o N ~ -0 -~ := l!: _0 _0 _c: :;:: =.. -..... 0; _C> -I .": =..... _.... =li: Ql -*"' -c; =..... L ~ _0 - - ~~ <C 1.0 ~ ~ 0'\ 1.0 o o N ~ - -- N - di 3: "C ~ C lI.I E ~ m w - o M N LI'l 9- LI'l 9- ~ 19 NW COR..........OF TRACT6~~9________ 089'35'59" 31.00 (FUTURE) WEST OAK STREET oint of Be-g-f,,-riing -...-."".---. ..--. . N ~N " 0 o..t ''<1" cor:-- 89' 35'S " 58.88 I I I I ~ I I ~i " LI1 I I ~ 31' SANITARY ~ SEWER I ~ ~L/EASEMENT 1 III II \ ~ \ .~ I I\:\ I ~ \ Of \ I ~o~ B~J / 269)6'55" 089'59'55" 31.63 31.00 (FUTURE) SHE~W09~ WAY _ _____ ---L:::::.. - - -- _n_ 089'59'55" /fn 326.38 Point of Beginning I I I I I I ~I tJ If6 L I I I I I I I I I I ~-- 270'04'34" 31.00 I I I I I I I I I I I I I 31' SANITARY SEWER '- I EASEMENT 2 "------I (FUTURn A_~X~ STREET_. __m_ - ~L ~I EXHIBIT A I I I I I I I I I 110 I 36 I Meters I ~i g/ I I I I I I I I I I Ie. l""r 120 I I 36 Scale In o ~ o Scale In Feet E>.,J._ ~.. _ ~ Inc. 1C8t ~DrM"'~, M1'!871. ~~"""111."1"~ .............._ 'II ~~4lo.~_-..-n ~I 1.0 . ), ... "- ..... OX) <oj- co ..; mIDO -.... ('l') 0 g It) U) ~ N "ID Q/~ <1)-. N~o o '" N _<oj- - u VI --=..... ->: I- "" o u <: ---~ .. -.... .... ..'g -, .."; .... ---..... :E: " ::; ~ :. --=.r. _u .--l .--l "E.~ <C ; 0\ 'it" 0\ \0 0 0 N ;;r- .--l - N .--l ~ 't:l vi ..... C QJ E &l ttl W - 0 M 1iio52~O N LI'l 9- LI'l 9- ~ !:!-- G EXHIBIT A LEGAL DESCRIPTION OF SANITARY SEWER EASEMENT Two perpetual easements for sanitary sewer installation, operation, repair, replacement, and maintenance purposes over, under and across Tract B Certificate of Survey No. 2389, located in the East Half of the Southeast Quarter of Section 4, Township 2 South, Range 5 East, of P.M.M., Gallatin County, Montana. Said easements are described as follows: EASEMENT 1 Commencing at the Northwest Corner of said Tract B; thence southerly 181" 01' 12", assumed azimuth from North, 60.02 feet along the West line of said Tract B; thence easterly 089" 35' 59" azimuth 58.88 feet to the point of beginning of the easement to be described; thence continuing easterly 089" 35' 59" azimuth 31.00 feet; thence southerly 180" 06' 44" azimuth 311.53 feet; thence southerly 168" 33' 58" azimuth 319.33 feet; thence westerly 269" 59' 55" azimuth 31.63 feet; thence northerly 348" 33' 58" azimuth 316.20 feet; thence northerly 000" 06' 44" azimuth 314.38 feet to the point of beginning. Area = 19,552 sq ft, 0.449 acre EASEM EN T 2 Commencing at the Northwest Corner of said Tract B; thence southerly 181" 01' 12", assumed azimuth from North, 744.02 feet along the West line of said Tract B; thence easterly 089" 59' 55" azimuth 326.38 feet to the point of beginning of the easement to be described; thence continuing easterly 089" 59' 55" azimuth 31.00 feet; thence southerly 181" 03' 04" azimuth 593.78 feet; thence westerly 270" 04' 34" azimuth 31.00 feet; thence northerly 001" 03' 04" azimuth 593.74 feet to the point of beginning. Area = 18,406 sq ft, 0.423 acre le"l ~"u. , _< , [;...._...._~Inc. '... ~Drw..~. """'1. """" I'" ..,-"" " "-1_ ..,..... _........~.L w..d~.,wi._",~