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Home My WebLink About00- Nickelson, Lola; 1518 S Church St - Sewer Pipeline Easement , .' ~ SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT 11111111111111111111 ~~;~;.~?t?,p~ Sh.lley Vanoe-Gallatin Co MT MIse 30.00 .~--' ~ The CITY OF BOZEMAN, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59715, the GRANTEE, in eonsideration of One Dollar ($1.00) and other good and valuable consideration, receipt of whieh is acknowledged, grants to LOLA NICKELSON, of 1518 S. Church Avenue, Bozeman, MT 59715, GRANTOR, its successors and assigns, a temporary easement to lay, construet and maintain a sewer pipeline with the usual connections, accessories and appurtenances for the purpose oftransmitting wastewater in, through, and across a strip ofland situated in Gallatin County, Montana, approximately ten (10) feet wide to be loeated on the following deseribed real property: Tract 1 of Certificate of Survey No. 1778, located in the southwest 1/4 of Section 7 and the East 'lZ of Section 18, Township 2 South, Range 6 East, PMM, Gallatin County, Montana. The easement is more particularly deseribed as follows: Beginning at Point 741 of said Certificate of Survey No. 1778; thence S 80 W a distance of 30 feet; thence S 730 W a distance of 25 feet; thence N 370 10' E a distance of 45 feet more or less to the point of beginning, all as shown on the attached Exhibit A which by this reference is 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 in order to survey and establish the route and location of the easement and the pipeline and to: (I) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline, services, eonnections, 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 eonstruction, operation and maintenance of the pipeline; (3) Grade the land subjeet to this easement and extend the euts 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 neeessary; and (4) Support the pipeline across ravines and water courses with structures whieh GRANTEE , , 11111111111111 ~ 1111 112020767 Pale: 2 of 6 09/14/2000 04,01P 30.00 , . deems necessary. Shelley Vanoe-Gallatln Co MT MISC THE GRANTEE AGREES: (1) That, in conneetion with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replaeing, and maintaining of said pipeline, 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 exeavation, 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 exeavating 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 exeept that the surface of backfilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. (3) That at such time as a public sewer main is constructed within 100 feet of the GRANTEE'S residence or conneetion to the City's sewer system becomes feasible or is otherwise required by state law or city ordinanee, then in that event, this easement will terminate. In that event, the GRANTEE shall abandon her septic system and, at her own cost and no additional cost to the City, connect to the City's sewer system within the time prescribed by law. THE GRANTOR AGREES THAT: (1) At no time will they build, eonstruct, 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 plaeement of fill material within the boundaries of said easement without the prior written consent of the GRANTEE. (3) The GRANTOR(S) warrant 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 peaeeably hold and enjoy the rights and privileges herein granted 2 I~ 111111111111111111 II ~~;~&7:~?" Shelley Vanoe-Gallatln Co MT MISC 30.00 without any interruption by the GRANTOR. The terms, covenants and provisions of this casement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this 5th day of September ,2000. ~~NT\R - CtTY OF BO_ZEMAN Clark V. Johnson, City Manager STATE OF MONTANA ) ) ss. County of Gallatin ~ ) ~ On this -.::1- day of x...-h.-l., 2000, before me the undersigned, a Notary Public for the State ofMontan(, p rsonally appeared, Clark V. Johnson, known to me to be the City Manager of the Citv of Bozeman. and the person whose name is subscribed to the within instrument and aeknowledged to me that he exeeuted the within instrument for and on behalf of the City of Bozeman. / ;'1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year tirst above written. ~! ~. .. -;.... ~. .~\;; '.' ..'~:' ......;.,., '};s~b." '-'0) .... ... ". ~ " ... ;;.-4:" .;1'. ":"'-"~":; -.. . "" . .: :~\.,.,. otary Public for the State of Montana Residing in Bozeman, Montana My Commission Expires .t - /..f-'{),). f2k;i ~ Clerk of the City Commission 3 08/29/00 11:27 *5'4065865056 RANGER TRANS, 141 002 . , ACCEPTED: 1111111111111111111111 ~~;~~7t?p Shelley Vanoe-Gallatln Co MT MISC 30.00 C/~~)~ Lola Nicke son - GRANTOR STATE OF ARI2CN.f\. ) ) ss. ) County of Ma;icopa .- On this ~ day of au C) ,2000, before me the undersigned, a Notary Publie for the State of Ar i z~:)f)"'PerSo~ll~ appeared _ Lo I C(. ;J { c k...e Iso Y1 ' known to me to be the person whose name is subscribed to within this instrument and acknowledged to me that he exeeutcd the same. IN WITNESS WHEREOF, I have hereunto set m:.r hand and affixed my Notarial Seal the day and year first above written. (SEAL) (; , All ~ ~. Notary Public for the State of" Ar i zona Residing at f/ix-fiL- My Commission Expires d-Orfj ~;f;.1I4a (Y;)~lf'ir fJi. H;:~-N ;- UO~J~I\1r':~J\ll.t;. _H; ! i~ . . !\I:,.,lnf1W!i\ 1~M~. ..... ~L' . *,,1,{"'lf-iX1,1 ~~!1Il~". 1M i.~iM J :t, ~O'f')y!it.l~~8;j'iit'.!.fr,~:tat',1~~;if4\~'$l~~'\\\ ..,:/,'):jfJ!~~_ k .. <~~,,,., .. ,", ,,,",,,;... ~ .. 1111111111111111111111111111111111111111111 ~~;~~!~? p Shelley Vanoe-Gallatln Co MT MISC 30.00 ". WELlSITE ~c," ~(j ~ c,#'1f~c,~~ ~ ~ l" "i~~'t;.G " ~~~O o. o. G ~~'f ~o ~~ /~ 't~~ ~<\~<\ '}; ~c, v.O~~G ,,'0 ~~'bC!J ,. SCALE: f" = 40' ND SURFICIAL WATER BODIES OR KNOWN nOODPLAINS WITHIN I CC F'ErT Of SVS1'EII SLCPE Of GROUND IN CRAINfltul AREA IS -1 PERCENT SUlPINC TD NOltTl-l-NCRTHWEST INFERRED HYtlRAULlC CJlADIENT 15 NDRTIl-NDRTHWES1' SY'STEII TYPE IS REPLACEWENT ABSORPTIDN BED WI 2~ SDUARE fErT .of AREA SYSTtw IS fDR REPL.ACEWENT ~ ?$ ~ ~ ~ ~ DUEW $1.1 '- NBD1S'E 2.9 I WATER-TlCHT 1llOO GALLON SEPTIC TAHK wI ATTACHED !loa CALLON DOSE TANK wI OSP" WODEL EffLUENT PUwP WI OS! WDDEL nQ.4.4.4-S1 BIOTUBE fiLTER wI OSl 5-1 CONTROL PANEL WI AWW. SET DOSE VOLUWES PER .051 SPECS. 4' DlA. SOH ~ PYC WI CInN-DUTS AS NECC. t' DIA. SOH ~ PVC, SLDPED TD DRAlN TD DOSE TAHK ~ ~~v.~ ::T<>. ~;~~~tO~4~:~~~nlg778) ~O O'i . ~ c,f. REQUESTED EASEMENT: 10 FOOT OFFSET TO EAST OF TRANSPORT PIPE (2" DIA. SCH 40 PVC SET 2 FT IN GROUND) EASEMENT AREA 10' " 24' ABSDRPTION liED ""'100fT WEll. SETllACK "-- RETAININO WAll. 1"PtO.rec.1\ VATE, SITE P'J..N FOR LOLA t~SON 5E14 SECllON 15, T2S, RSE 1518 S. CH...~ ST. GAl.l.AD-l CO'...NTY, t.1ONTANA ~ WES1ERGAARD ASSOCIATES EXHIBIT A