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HomeMy WebLinkAbout08- Sewer and Water Pipeline and Access Easement and Agreement Bruce Jeske~ze~aan qty +~I~rk PCB pax I~~o SEP AID '~V',~T PP~ZI'~E I~~ A`~C A,~~~EIT I~I~ AIV~I Brace eSke, +GRAT~R, in consideration of 1.~ and for other and valuable considerations, receipt of which is acknowledged, grants to The pity ~~` ozenaan, municipal carporatic~n cif t Mate +~~' I'ontana, with offices at 41 East Main, o~ema~a, Montana 5~~1~ RA~1T~, its successors and assigns, a perpetual easement to lay, construct and ~.aintain sewer and water pipelines with tlae usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water and sewage in, thxa~~gl~, and across a strip o laid situated is Cxallatin Co~.ty, l'antana, .~ feet wide to be located on the following described real property: I~ot , Block 4 of Cattail Creek subdivision, Phase 1, on ale and o record in the o~'~ce of the t~alatin County clerk and retarder, situated in the w' '/~ of section S, Township I youth, Range ~ fast, P,I~I.., said strip being more particularly described a follows: Beginning at a point on the easterly rght~af~way limit of ~larth 2~1th Avenue, said point being 4a°~' ', 8 Feet from the southwest corner of said Lot ~; thence Bona said Paint of Beginning, I°~~'~" , 3.~ feet; thence 4°4'~~" ~, l(~. feet; theme ~°a~'~" .~9 feet thence Sa4'tl" '~V, 2~~:78 feet to a non~tangent curve; thence clockwise along a ~~.~ foot. radius curve, through an internal angle of 6~ I'4 a ", an arc distance of ,`~+~ feet chording 1~ 11 °~'7" w, .~~ feet); thence ~9"4~'~" , I i 2. feet; thence l~ fI°l~'Z" ~, .(l~ fact; thence 89~°4'(~l~" ~. fact; thence ~ ~3°'~" ', ~.~ The easement is more particularly described an the attached Bxhibit A which by this reference is made a part hereof: This grant includes the right of the +RAT~E, its successors, permittees, licensees, and assigns and its and their agents and employees, to enter at all tunes upon the above~descried land by using existing roads or trails ar otherwise by a rau~e causing the least damage and inconvenience to the RAID( in order to survey and establish the mute and location of the easement and the pipeline and to: .i" ~~` Pa~~~ 1 of 5 ~31~~12L~~B ~1 t36~ Charlatk~ Mills-~allaklrt Co h17~ITSC 35 pp { ~ an~trnt, operate, patrol, repair, substitute, rerrloe, enlarge, replace, and maintain the pipeline, services, co ectioaas, accessories and appurtenances; ~~~ Trim, remove, destroy, or otherwise control any trees and brush inside or outside tl~e boundaries of the easement which may, in the opinion cif the +A~1TE~, interFere or threaten to inter~'ere wiil~ or be hazardous to the construction, operation and ~.aintenance o~`the pipeline; ~ Grade the land subj ect ~ this easement and extend the cuts and ~ls ~ this ~radn~ ~nt~ and on the land adjacent to that which is subject to this easement to the extent t~~.A.TE may end reasonably necessary; and Support the pipeline acres ravines and eater courses with structures which ~rl~A~1EE deems necessary. TAE ~fi~~ ~~5 e ~ What,.. in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water suer pipelines, it will repair or replace, at its sole expense, or pay t~ ~1T+{}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 excavatian, it will remove the topsoil from the trenched ~~~: 2 ~~ ~ 3lafil~448 ~i ~6P C~arlokk~ Mils-G~llakn ~a f~~'MISC 5 0Q constructed within the easement ~vllere at the City" discretion such access is required car operation and. maintenance purposes. (} The GRAI~T~I~~}warrants that they are lawfully seized and possessed of the real property described above, that they have a lawful right to convey the praperty, nor any part of it, and. that they will ~drever defend the title to this property against the claims of all persons. ~ The RAI~IT~ may peaceably held and enjoy the rights and privileges herein granted without any interruption by the RITE). TI~e terms, covenants and provisions of STATE gip' ~N~I. I WITNESS wI~ERE, I have hexunto set my hand and affixed nay notarial Seal the day and year first above written. CCEpTEI: ~- ~ p ,~ ~~ CITE' ~ B~ IVIA.N by City lUlanager rage:,3 of a p3lQ6i~E108 ~~ :~~P ~harlak#e dills-~allaiin Co ~1TMI5C 35,a T'PST: ,. ~ ° ~ - ~~ ~~ .-._ _ , _1 qty ~i~r~~~~_ Ifi'IT1E ~~C~', I have hex~eunt~ ~~ ~.y lead aid afed ~~ ~tar~a Seal tie day and year first above written. ~~~~ ' ~` w~ ~ ~ 1 ~ - ~ A r f€ ~~ l' ~ ,gl ~ v 1 k k ,( "1 ~ } { V ~ofil~ Public ~r,t~~ State o#' ~~1o~~tana n ~ ~~ ~. '~ ~~.; ~ r ~- ~ ~~ Residin,~ a~~~` ~ ~t'` ; ~ ~ ~, ~ 1 Orly Commi lion ~xp~res l ~~ ~,~,I r Page 4 of 5 ~~~~5~~4Q8 ~1:4~P G~arlaEte l~i~ls-Galatia Ca ~1~'MI'~~G 35.0 w c~