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Home My WebLink About08- Water and Sewer Pipeline and Access Easement and Agreement for Crooked Creek Condos Chris and Jennifer RagerCity Of Bozeman, o. Box 1230 City Clerk's Offzce Bozeman, ~I~lontana 59771-1230 SEWER AND WATER PIPEL AND AC EASEMENT AND AGREEMENT Christopher and Jennifer Rager, in consideration of $1.U0 and other good and valuable consideration, receipt of which is acknowledged, grants to City of Bozeman. GRAN'T'EE, its successors and assigns, a perpetual easement to lay, construct and maintain sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water and sewer in, through, and across a strip of land situated in Gallatin County, Montana, as described in Exhibit A to be located on the following described real property: Lot 3, Block 2 of Meadow Creek Subdivision Phase 1. Located in the SW'/4 of the NE 1/4, the SE'/a of the SW 1/a, and the W'/z of the SE ~/a of Section 23, Township 2 South, Range 5 East, of P.M.M. Gallatin County, MT. The easement is mare particularly described on the attached Exhibit A which by this reference are made 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 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 [nay, in the opinion of the GRANTEE, interfere or I IIII IIIIII III I~III IIII IIII 23@37fi 1P PI.A'fX~p G 111111 IIIII IIIII IIIII Illill Charlotte Mills-Gsllnt in Ca MTMISC 42.00 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 (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 water and 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. (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 tap 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 maybe mounded sufficiently to prevent the formation of depressions after final settlement has taken place. IIIIIII I 2303761 IIIIIII of 6 I IIII III IIII IIII II IIII III I IIII IIII IIII 06 / 4 Charlotte Mills-Gallatin Co M7MISC 42 p0 2 fZ006 04.41P THE GRANTOR AGREES: (1) At no time will they build, construct, erect or maintain any pertxlanent 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 STATE OF MONTH .e ss. County of Gallatin ) IIIIIIIIIIII~IIINIIIIIIIIIIAIIIIIIIIIIIIINI ~'°''81. Charlvtt® Mills-Gallatin Cv MTMISC 42.00 On this ~~ay of - ~ , 20~ before me the undersigned, a Notary Public for the State of ontana, personally appeared, Christopher and Jennifer Rager, known to me to be the persons whose names are subscribed to the within instrument. 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 of Montana (Printed Name) Residing in ~~„ My Commission Ex fires / - ~,~~/20~ .-~. - ; , . ~- •. ti;1 ~ wj ~~• ....,~ r'~~\' . ,~ , , . .,,~.r~ ACCEPTED: ~;; ~~. ~ ~ A ~~~~ `"f ,w i :ti. :~1 . Bv~~ .. Chris Kukulski City Manager Stacy ;" , ~ t .~' ~~` ~itydC _ ,. - ~...W- ~ ~9~~ .~-~l~ ~~a5.1,... STATE OF MONTANA ) ss. County of Gallatin ) On this day of , 2~, before me, a Notary Public for the State of Montana, personally ap ared CHRIS A. KUKULSKI and STAGY ULMEN, known to me to be the City Manager and ity 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 and year first above written. IIIIIII ?~~~~s~ IIII III I IIII IIII IIII IIIII IIII IIIII IIIII IIII IIII m6 /24/2008 04.41P Charlotte Mills-Gallatin Cp MTMISC 42,00 Residing at Bozeman, me My Commission Expires: a <-~ / 4 (SEAL) ~~~~~~,dyv~~y y.' ,~ • . 4~ • ~...~ .~ d K , ~~,... . ~ , ~~ I Illiii VIII VIII VIII II II I ~3,03~61 I II III IIIIII III VIII Ilii i ii 0fi/24/ 00 04:4 I ~ $ ,P Charlotte Mills-Grllat in Co MTMI5C 42.00 FxNEe~r A CROOKED CREEK CONDOS LOCATED !N COT 3, BLOCK 2, MEADOW CREEK SUBDlYlSION, PHASE 1, SW 1/4 OF NE f/4, SE 1/4 OF SW 1/4, AND W f/2 OF SE 1/4 OF SEC. 23, T. 2 S, R. 5 E. OF P.A1.M., GALLATlN COUNTY, MONTANA 10' UTtLfTY EASEMENT PUBLIC UTILITY EASEMENT FOR SEWER & WATER MAINS AREA OF EASEMENT: `r o 21,553 SQ. 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