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Home My WebLink About07- Sewer Lift Station Easement and Agreement from Crestview Lake, LLC ~ Return To: City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 SEWER LIFT STATION EASEMENT AND AGREEMENT CRESTVIEW LAKE, LLC, the GRANTOR(S), in consideration of one dollar and other good and valuable consideration, receipt of which is aclmowledged, grant(s) to the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59715,GRANTEE, its successors and assigns, a perpetual easement to construct and maintain a sanitary sewer lift station in, through, and across a parcel of land situated in Gallatin County, Montana, to be located on the following described real property: Lot 3 of Minor Subdivision No. 221, said lot being located in the Southwest Quarter of Section 26, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit A which by this reference are m&de 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 ofthe easement and the sanitary sewer lift statton and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the sanitary sewer lift station, 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 sanitary sewer lift station; (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 ihe ~Al~Ht GRA1'l'TEE may find reasonably necessary. ./~ /11111111111111111111111111111111111111111 1111111111111 g~;.~;9:~~, Ch~r lot~e Mi ll.s-Gallat in Co MTMISC 28.00 THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sanitary sewer lift station, 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: (I) 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 GRA NTEE. (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, an 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 ofthe 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 tt:rms, 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. 1111111111111111111111111111111111111111111111111111111 ~~~~~f~:~~ Charlotte Mills-Gallatin Co MTMISC 28.00 ~ DATED this 11h day of 11t:. GRANTOR: CRESTVIEW LAKE, LLC I,. STATE OF MONTANA ) m~ )ss. County ofO.\llAt;n- ) On thIS ~day of ~ ' 20C2], before me the undersigned, a Notary Public for the Statt: of Montana, pt:rsonally a eared R. Scott Hacker, known to me to be the Managmg Member of Crestview Lake, LLC 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 Crestview Lake, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) ~U?~ . ry Public for the State of Montana Wy(:>p_ B .DYY\\~ (Printed Name) " Residing in YY\\ \ \-\n. }~ My Commission Expires ;2 I I Jl ....;,~\.\t~III~lll'':S..'/11. /o~"""""io/)%. LOREE E. SMITH t''/ "1-'\ NOTARYPUBUc-MONTANA ,J.." NOTARlAL,..,li ~,.., SEAL ".j! Reskfing at MilltDwn, Montana W'" My COmm, Expires Mar. 21. 2009 'I/f" 120m ~~?LQ.~Q!r CITY OF BOZEMAN By City Manager ST ATE OF MONTANA ) ) ss. County of Gallatin ) On this K day of ern III A/ , 2~before me, a Notary Public for the State of Montana, personally appeared ~ 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day 3nd year first above written. (Printed Name) Residing at Bozeman, Mo:rna . ,1 , " [ f) My Commission Expires: I ---/.A.1L120--lJ..L ~\,\\~!~'r'!L';I.~ '/ ~'''. - ,'" 1;""- ''/',. ~ ,"r,'.. f;;;:'" , . ',.;'\. ~':t ' c.:; - . . n' ~ k. r' ., . *' c :;:, .. " ..~. ~ ,," ~ .... d~ . '.. . -_.. :C.Ll' ...... ~:,.>.. ".' ~$ ~.-y. . . . ~ ~ ~ /'L> ' , I I ' \-\~~ ~ ,- Oe MC'\'~ .' ,.'~ i'/I.Z r. .' ,.>. '11t/'I'" ii"'" . , J'J" " II11I1111111111111111111111111111111111111111111111111I ~~~~~f~:~R Charlotte Mills-Gallatin Co MTMISC 28.00 " ::;.. . >. =:~-/~~:= -; r -':" ::::- -=--"~ -~-=-.:::::-::- /. .~'" .. ,/" ,.-.,. , i -------" ..--- . - - ---------- ., . EXHIBIT A SEWER LIFT STATION EASEMENT ACROSS LOT 3 OF MINOR SUBDIVISION NO. 221 LOCATED IN THE SOUTHWEST 1/4, SECTION 26, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA ...-/, S89'46'08"E / ---.....- t --:~...../ k J -lmmm-----m. m_ -- ".m..... "'- __+..__m_- -- .--- / ..., (). _-- / \ () I ~-J/ "s ...- /J t:: ()D I ~-/~D)() I 60.100' r-J.-"" I' SW COR. SEC. 26: BRASS DISK IN MONUMENT BOX. (COR. REC. 3-711) SEWER LIFT STATION EASEMENT / ...- ~ 0 ~ 60' L I I I s C A L E ,-~g L3Q ,-3'\ .., ~:; /'>-.. -----\r I :-v - V :y / ~F)~\ ~ :'\ / \). ",1" / / _ 46.03'+ _ _;-- / C,\o ..... -\...-/,/ "'tI 'J~ rQ\'l- SD CENTERLINE OF FUTURE "TROUT MEADOWS ROAD" LINE TABLE L27 N45'32'54"E 23.88' L28 N32'08' 34"E 20.61 ' L29 N71'58'3S"E 12.13' L30 N90'OO'OO"E 38.39' L31 N7S'2S'07"E 19.93' L32 S20'16'43"[ 29.26' BEARING BASIS: PLAT OF CATTAIL CREEK SUBDIVISION, PHASE 3 CURVE TABLE CURVE RADIUS IDELTA .-\NG!_E IARC LE!\!GTH !CHJRD BEAR!NC ICHORD Ln,jGTH ... C18 120.00 24'01'17" 50..31 578'13'13"\-\, .<19.94 THOMAS, DEAN & HOSKINS, INC. ENGINEERING CONSULTANTS DRAWN BY: SA QUALITY CHECK: DATE: 05/01107 JOB NO. 805-057 CAD NO, 5057LiftStaE1.dw I TD&~ , //1111/111/11/11111/1111111/1111111/11111/111111111/111 g~~;~~~, Char I_ot te Mi 11s-~alla tin C~_ MT MISC_ 28 .12l12l