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Home My WebLink About07- Sewer and Water Pipeline and Access Easement and Agreement from Morgan Homes - ,- Bozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 \~J a. .... [;; r--- Ul ~ N_.... ..... 0 g r--- ~ ~ N Qjg: 0)- N~:g iiiiiiii os !!!!!!!!!!!!!!! ~ :ll iiiiiiii iiiiiiii -0 ==== ~ iiiiiiii ~ !!!!!!!!!!!!!!! E: - -0 =0 - _c =....-1 -+" _to -- -- =to -<'> =' -"' -- -- --~ =E !!!!!!!!!!!!!!! Q) iiiiiiii ::::: -0 ==== ~ -to !!!!!!!!!!!!!!! .c _0 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Morgan Homes, the GRANTOR, in consideration of One Dollar and other good and valuable consideration, receipt of which is acknowledged, grant(s) to the Citv of Bozeman. GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain 214 If (sewer) and 203 If (water) pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewer and water in, through, and across a strip of land situated in Gallatin County, Montana, thirty (30) feet wide to be located on the following described real property: Tract 2 of Certificate of Survey No. 2276, situated in the NW If.t of Section 11, Township 2 South, Range 5 East, P.M.M., said easement more particularly described as follows: Beginning at a point on the west line of Tract 2 of Certificate of Survey 2276, said point bearing S 00040'04" W, 4.63 feet from the northwest comer of said Tract 2; thence S 89021 '44" E, 57.05 feet; thence S 00038'16" W, 157.63 feet; thence S 89021 '44" E, 15.00 feet; thence S 00038'16" W, 20.00 feet; thence N 89021'44" W, 15.00 feet; thence S 00038'16" W, 15.00 feet; thence N 89021'44" W, 30.00 feet; thence N 00038' 16" E, 162.63 feet; thence N 89019'56" W, 27.07 feet to the west line of said tract 2; thence N 00040'04" E, 29.99 feet along said west line to the Point of Beginning. The easement as shown on the attached Exhibit A which by this reference is 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(S) in order to survey and establish the route and location ofthe 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 1111111111111111111111111111111111111111111111111111111 ~~~~~~~?~p may find reasonably necessary; and Charlotte Mills-G~llatin Co M!MISC 35 00 (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. THE GRANTEE AGREES: (I) 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 CI. 'I:t t;:; ,.... Ul g N~t- ..... 0 g ,.... <'l ~ N Q;gJ Ol- N Ill'" C1.OS> iiiiiiiiiiiiiii os> !!!!!!!!!!!!!!! os> -lll - - iiiiiiiiiiiiiii _0 ===~ _IE -I- -IE iiiiiiiiiiiiiii -0 =0 - -.S -+' _Ill !!!!!!!!!!!!!!! :: 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 Z 9 ,20PL-. day of /Yl4j, <~L~ ~ G NTOR c,tvJ ~//'C.-. q CORPORATE -~ iiiiiiiiiiiiiii ..... _.... =IE !!!!!!!!!!!!!!! Q) ST ATE OF MONTANA iiiiiiiiiiiiiii :: -0 =- -L -= ~ County of Gallatin === 0 ) ) ss. ) -rw On this Zq day of vY\a~ ' 201D-, before me the undersigned, a Notary Public for the State of Montan , personally appeared, hn rY\O J' known to me to be the OU.J'tIe.r of l~ and the person whose name is subscribed to the within instrument and cknowledged to me that he executed the within instrument for and on behalf of ~M l..i71 rnt~ T--+1 C IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) {JJbbw ~ Notary Publilfur the State of Montana Abb~ 12,\: le r- (Printed N e L Residing intso te fYl.{..L n My Commission Expires I 'Z. / 0 \ \\\\\\\"111/11/11111, #~"O'{o ~~/l.::'~ ~ "" 0 0 0 o'~ ~ ;::. . ~ t o:~OTAR/-1looo ~ ~*:o SEA" L o:*@ ,<'po 0__ ~ roo ~ ~ 1z~. .~.;:: ~ '~ 0 0 0 0 0 _~~ ~ ~"" OF MO~ ~,~ 1111111111111111\\\\ /20.lQ... ACCEPTED: .~ '-.It' .._....... ~ ..... ." --.;:: :.' . -' ~~~~~ City Manager ....... ':'''1-';'. ,. ..... .... . ,,' \ ~.. ..-.l. . . ~ -'-~~- ~.....- , ,. STATE OF MONT ANA ) ss. County of Gallatin ) On this Z 0 ~ay of ,j J ~ , 2 nD 1; before me, a Notary Public for the State of Montana, personally appeared CHRIS A. 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. r IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. . .. \ \ t ; ; . . . , \ ~..,. ''; . ~ -. \,' "r" '\o.'~'" - "",. .. ,;.. ..~~At).. /:ill {:cF'$~ij!;: VihJ-- :;. _.,-..... \N.!~~t. 'PUbl~.:fur. the State of Montana .. \. · .,' " ..._......~l1b / ",:".; -'.'.).t1_LJnf7n , , '~ ". '. '," , . (Prini~ ,~{Ulle) Residing at Bozeman, Montana My Commission Expires: '3 f ~<) f20iL "- lIl:t M 1'0 .;; IDO N...,~ ___00 ..--- 0 1'0'<1' ~ N ,,01 OIN m- NoI'" n.o ~o ~o -~ - ~ _u ===~ ~~ ~:E: - -0 =u - _c =-o-i -... -.. -..... -..... =01 _<ll =' -"' iiiiiiiiiiiOiii :: _.~ =>= ~OI iiiiiiiiiiiOiii :: -0 =..... ~~ ~J: _u r D- ..,. :;; r--.. .; NIOO ......... ~og r--.. 10 !::' N Giro m_ N~~ ~lSl ~lSl =10 ~<'l ~ iiiiiiiiiiiiii -u ===~ -E: -I- ~E: - -0 =u - ~.= ~~ -- -- =,. _<.:> =. _Ill -- -- --.... =:E ~Q) iiiiiiiiiiiiii :::: -0 =- ~:;; ~r. _u . , ... EXHIBIT A SEWER AND WATER PIPELINE & ACCESS EASEMENT SITUATED IN THE Nwi OF SECTION 11, T2S, R5E, P.M.M. I I t---------~ ~ o so ~'I- 1 if/-... *9 o Ijf 589'21'44- L 57.05' - - - ----~~ - - - - ----t : I J SO , . ~~ " I if/-... ~9 ...: I ~ rl . ~ ~I~ L lSJl" - - - ~v:~ EASEMENT I UNE . I I ~ o II I fi &rv I . if/-... : I 19 ~ I ~ . --::; r----: x I ~ ~ u I J f N89'21' 44.W so--o I "... /~ LOT 3A 30.00' &..... ~ --1 ift; 5 - - - - - - - I CDS 2276 I _~ -...J u TR AC T 2 _ 5 47750 sq. ft. I ~ ~ LOT 3B I 1.0962 Acres ~ - - - - - - - +----------+ - - -; DURSTON ROAD I 5- o 1 --I ~5 510 I I I I ---~ POINT OF BEGINNING SEWER & WATER PIPEUNE EASEMENT /! NO~~ 2999' YORK STREET . ~ .c; 1" = 50 c ~ 3 :::l o It: C WESTGLEN SUBDIVISION LOT 6 ------- N89., 9'56.W 27.07' I I ---------1 LOT 1 A LOT 1B I -----~-~ o ~ I & LOT 2A . _ _ _ _ _0_ _ -.! ~ -.J !:3 C/) . }f LOT 2B I ~-------~-~ I ---, I I I I , I I .....1 ~I;" -<I co ~I~ 8/,'- ZI I I I I I I , L_ 0' ~ --0 ..... c OJ E OJ V1 o W ~ V1 o(j EXHIBIT A DRAWN BY: CGB DA TE: OS/22/07 PRDJECT# :06-110 MADISON ENGINEERING 924- STONERIDGE DR. STE I, BOZEMAN, MT 59718 PHONE (4-06) 586-7355 FAX (406) 586-7357