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Home My WebLink About08- Cascade Development Sewer and Water Pipeline Easement and Agreement (2)Return to: City Clerk City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 SEWER AND WATER PIPELINE EASEMENT AND AGREEMENT Cascade Development, Inc. 1627 W. Main St Suite #223 Bozeman MT 59715, the GRANTOR(S), in consideration of other good and valuable consideration, receipt of which is acknowledged, grant(s) to The City of Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain 10 LF of sewer pipeline and 10 LF of water pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sanitary sewer and water in, through, and across a strip of land situated in Gallatin County, Montana, to be located on the following described real property: NW '/ of Section 2, T2S, RSE, P.M.M. less Phases 1-3 of the West Winds Major Subdivision. The easement is more particularly described on the attached Exhibit A which by this reference is made a part hereof, and as described below: Commencing from the north quarter corner of Section 2; S 49°43'27" W a distance of 3052.82 ft to the point of beginning of the sewer and water pipeline easement, thence S 00°00'00" E a distance of 83.00 ft, thence S 89°42'38" W a distance of 15 ft, thence N 00°00'02" W a distance of 42.07 ft, thence S 90°00'00" W a distance of 12.50 ft, thence N 00°00'00" E a distance of 41.00 ft, thence N 90°00'00" E a distance of 27.50 ft to the point of beginning. Said tract of land being 0.04 acres. 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 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 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, 2311596 ~ o ~~ ~ ~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ 09130 / 2008 02 : 37P ~~~~~ Charlotte Mills-Gallatin Co MTMISC 28.00 removing, enlarging, replacing, and maintaining of said sanitary sewer and 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 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 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 ~ f -day of ~ ~-c~ , 2008. 1 RANTOR - C de De pment, Inc. Title: Vice President STATE OF MONTANA ) ss. County of Gallatin ) On this ~ lQ day of ~~~ewv~,~,~- , 2008, before me the undersigned, a Notary Public for the State of Montana, personally appeared, Robert D. Big erg staff, known to me to be the Vice President of Cascade Development, Inc. 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 Cascade Development, Inc.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. 2 I IIII 2311596 I IIIIII III VIII III 09930 / 2008 02 37P Ilill IIIIII Iilll IIII IIIIIIIIIIII Charlotte Mills-Gallatin Co MTMISC 28.00 Gr/ Notary Public for th Stake of Montana (Printed Name) Residing in 1'y1. My Commission E pires(ee 4Y~_120~ ACCEPTED: M ~~ "''~'+ ~ t .~. -! ~ Tr L~y ~ s.~, ~'~~~ r,~~~~~ STATE OF MONTANA ) ss County of Gallatin ) \\\\\~\\\\\11111 } f fbl///~//~~~~ .~ -.. ~' ~~. '~9L~~~q~ •. ~ * ~~ SEAL ., y . C~~ CITY OF BOZEMAN By its City Manager On this ~~day of ,~,~~ , 2008, before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKI and STACY ULMEN, 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 and year first above written. ry ublic for the State of Montana ~~xxe ~~.--~c (Printed Name) Residing at Bozeman, Montana My Commission Expires: ~ / ~~ /20 ~0 vvv~xtar///~~~, (SEAL~~`~~~ ~`~t~`~''11~f'; ~ .~ *, -~~ +- ~~ ; f y ~". ' . V ~ \... !/l11,111~1\\ 2311596 IIVIIIIIIIIIII 09930!2008 02 37P IIIlilllllllllll IIIIIIIIIIIIIII IIIIIIIII Charlotte Mills-Gallatin Co MTMISC 28.00 EXHIBIT A PORTION OF LAND BEING THE NW 1/4 OF SECTION 2, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA EXCLUDING WEST WINDS MAJOR SUBDIVISION PHASES 1A, 16, 2A, 26 AND 3 WATER & SEWER EASEMENT AREA = 0.04 Ac. N90°00'00"E 27.50' --- _. __ . N00'00'00"E 41.00' ~9~`00 00 W 12.50' N00'00'02"W / 42.07' r , (t I!- ~~ ~. i { ~~1,~~. r /,' t-~ WATER ~ SEWER EASEMENT Copyright ®2008 HKM Engineering Inc., All Rights Reserved. I IIIIII VIII VIII IIIIII VIII VIII III 2311596 IIIIIIIilllllllllll 0993012008 02 37P Charlotte Mills-Gallatin Co MTMISC 28.00 EXHIBIT A H ! N G I N ! !RING 045067.125 SEPT 2008 N 1/4 CORNER SEC 2 T2S, R5E. P.M.M. f:Al 1 eTIN [:AIINTV MT