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Home My WebLink About08- Sewer and Water Pipeline and Access Easement and Agreement Bozeman School District #7 Elementary SchoolKeturn to: City Clerk City of Bozeman PO Box 1230 1.3ozeman, MT 59771-1230 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Bozeman Schoal District #7. P.O. Box 520 Bozeman MT 59771-05205, the GRANTOR(S), in consideration of other good. and valuable consideration, receipt of which is acknowledged, grant(s) to The Cit of Bozeman, GRANTEE, its successars and assigns, a perpetual easement to lay, construct and maintain 0 LF of sewer pipeline and 550 LF of water pipeline with the usual services, valves, connections, accessories and appurtenances far the purpose of transmitting sanitary sewer and domestic 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, COS No. J-92-A, SE '/ of Section 10, Township 2 South, Range 5 East, P.M.M. Commencing at the Northwest Corrler of Tract 2, COS No. J-92-A, SE '/ of Section 10, Township 2 South, Range 5 East, P.M.M., 589°34' 19"E, a distance of 33.7.81 feet to the True Point of Beginning (P.O.B.); Thence 589°34' 19"E a distance of 30.00 feet, thence 500°24'03"W a distance of 6.49 feet, thence 589°35' 18"E a distance of 17.65 feet, thence 500°07'29"W a distance of 12.59 feet, thence 544°52'31"E a distance of 97.85 feet, thence 589°52'31"E a distance of 79.43 feet, thence 544°52'31"E a distance of 45.36 feet, thence 500°07'29"W a distance of 126.61 feet, thence N89°52'31"W a distance of 30.00 feet, thence N00°07'29"E a distance of 114.1$ feet, thence N44°52'31"W a distance of 20.50 feet, thence N89°52'31"W a distance of 79.43 feet, thence N44°52'31"W a distance of 115.83 feet, thence N89°35' 18"W a distance of 212.19 feet, thence N00°26'49"W a distance of 30.00 feet, thence 589°35' 1$"E a distance of 189.98 feet, thence N00°24'03"E a distance of 6.49 feet to the point of beginning, containing 0.397 acres more or less. The easement is more particularly described on the attached Exhibit A which by this reference arc made a part hereof. This grant includes the right of the GRANTEE, its successors, perlxlittees, licensees, and assigns and its and their agents and employees, to enter at all times upon the above-described land by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the GRANTOR(S) in order to survey and establish the route and location of the easement and the pipeline and to: (1) Construct, operate, patrol., repair, substitute, remove, enlarge, replace, and maintain the pipeline, services, connections, accessories and appurtenances; (2) Trim, remove, destroy, or otherwise control any trees and brush inside ar outside the boundaries of the easement which may, in the opinion of the GRANTEE, interfere ar threaten to interfere with or be hazardous to the construction, operation and maintenance of the pipeline; (3) Grade the land. subject to this easement and extend the cuts and fills of this grading into and on the land adjacent to that which is subject to this easement to the extent GRANTEE may find reasonably necessary; and 230375$ `~ piArr~ `-. I VIII IIII IIIIII III VIII IIII IIII 06/24/2008 04 ~ 41 P IIIiII VIII IIIIi INII I Charlotte Mills-Gallatin Go MTMISC 28.00 (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 sanitar sewer and domestic water 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 maybe 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 backtilling 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) 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. (4) 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 casement and ag~l-eement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this ~~ day of ~i'zic , 2008. GRANTOR -Bozeman Sc ool District #7 Title: ~ ~,~,z iS G',-~•4 i i~ STATE OF MONTANA ) ss. County of Gallatin ) On this 3 ~ day of ~/z i ~ , 2008, before me the undersigned, a Notary Public for the State of Montana, personally appeared, ~,q~zSar/ -T yL~~z ,known to me to be the ,d o~i2 d G'~.~ i rz of Bozeman School District #7 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 Bozeman School District #7. IIIIIMIIIRIIIIIIInINIIIIIIIINIIIIpllll 2303]58 Charlotte Mills-Gallatin Ga M7MT5C 28.00 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ~ - Notary Public for the State of Montana .STF_ c1~N l~ ~ ~i-fi-usu../ (Printed Nalne) Residing in ,(3~ z~C.+7.4n/ ~Acc~Ti~' My Commission Expires ~~ ~ z /20 ~ 8 ACCEPTED: ~ ,~,~, ..y' ">i ~~`~~ ~ ATT~,ST~.,~~~.~E., ~~ .l ~` STATE OF MONTANA ) ss. a ~,,..y~,.~~ ` `yJ. ,,, „ i„l~1i1, 1,, CITY O!~ BOZEMAN By its City Manager County of Gallatin ) IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my seal on the day and dear first above written. bli • for the to of Montana (P`rinted Narne) Residing at Bozeman, Mont a My Commission Expires: ~/,~/20~ ~~i ~``~~~~`~-tE1pI'B ~~ ~%, z~ Nd~~~~ ~• ~'~ `~ ' "'' .y' ~ ~ - IIMIIVNIIIMI~VIII~I~IAI~I~VlflllllM30~'S8 ~ , 2008, before rne, a Notary Public for the Un this day of State of Mantana, personally ap ared CHRIS A. KUKULSKI and STACY ULM~N, known to me to be the City Manager and ty 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. Charlotte Mills-Gallatin Co MTMISC 28.00 _.. .. Y n D ~ d7 ~ ~ I ~"""'. ~ I C7 Z Q ~ C7 Z a° ~a N ~j I ~ ~ N ~ \\1 ' rn ', M„6~,9Z.OON ~ ' ,00'02' r-~---~ '. ~........... I L I L/1 ~ ~ ~ fv C,d _ I I v ~a, ~ Cl) _ I I I 1 ~ 1 rD r+ N I I ~ cn r i m O rvi , ~n Ni i ~ a m ~~ ~ ~°° rn n 30' WATER MAIN EASEMEN T ', i ~ fJ! Z m ~/ o ZI I Z n /~ ~ ' ~i ' i i i C7 ~ O y ', c,; C Z ~ r,1 `1'y ~ I ' N00'24'0 ' "E ~ Q rn ~ ~ 6.49 ~ 7 ~I ; ;' • ~ ~ ~ ~ 1 I I ~ ~ ~ ~ Z ~ ~ N 1 o am Z_ f I ~ ~ 1 ' '' ~ n ~, ., , ~~'`~~; ~ . I ,~~~ cD ~ ~ ~ ~~D ,QGJ I I f ~ ~ .. .~~° ~ ~ ~, n i ~ i ~~" ` 12.59' `~- ~ , r cP v ~r ~;~ fV ~ I I (n C~ ~'I 'I I ~ ~. I J ~ ~ ~ , j [p CTt N ~~I ~ (.d (.d ° ' " ~ j ~~ ~'~ I fTl I N00 D7 29 E ~ ~G' ` G : I ~ 11 x.18 _ i _~,._ O~ ~ I ~ ~~~>I ~ ~ ~------- -----_-----------------~ G.• _- -- 126-F1 X00°07'29"W ,,~~ 30' WIDE PUBLIC UTILITY EASEMENT SHEET 1 OF 1 Copvriaht ®2008 HKM Engineering Inc., All Rights Reserved. EXHIBIT A H ^N61N!! RAM Ci 04MS62.115 APR. 20D8 IIIIIIIIIIIIVIIIIIIIIVIII II 23,0358 I III IIIIII III VIII II I IIII 06124! 2008 04:41 P Charlotte Mills-Gallstin Co M7MISC 28.00