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Home My WebLink About13- RTR Holdings II Sewer Pipeline and Access Easement and Agreement e-e kA44-, Wk�yu a4-- 19 64-r C" 2440466 Page: I of 6 0211212013 04:49.53 PM Fee $42.00 Charlotte Mills - Gallatin County, MT MISC 11111111111111111 1111 111111111111111111111111111111111111111111111111111111 SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT 11TREoldin,as 11 , GRANTOR, in consideration of one dollar($ 1.00) and for other and valuable considerations,receipt of which is hereby acknowledged, grants to the City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue,Bozeman,Montana 59715, GRANTEE,its successors and assigns, a perpetual easement to lay, construct and maintain , a sewer _pipeline with the usual services,valves, connections, accessories and appurtenances for the purpose of transmitting , wastewater in, through, and across a strip of land situated in Gallatin County,Montana, ,_(see exhibit A) feet wide to be located on the following described real property: Tract B of COS 2661,excel2ting Parcel 2 of Document 2311126, located in the SW V4 of Section 13,T2S,R5E, and in the NW 1/4 of Section 24,T2S,R5E,PMM,Gallatin County, Montana. The easement is more particularly described on the attached Exhibit(s) 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 may,in the opinion of the GRANTEE,interfere or threaten to interfere with or be hazardous to the construction, operation and maintenance (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 sewer 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 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 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 nersons. DATED this day of By: RTR liiings 11 . ,z,%��r.,(u,'G y//. J,J,�,,,,,�, a x,,.°��ti r�,J�tu��,i.,;. V� �.a..11.w.r � r,,.,,a,,,�/C.arti.iT.'..ur J�/�,,,.,'. .�.,�/. ,.„,r...✓,r...�.�,.� �i. i�..,a,.., W., rro i�.,(/��..i ,. California , All-Purpose Acknowledgment r f State of California SS. a County of On before me p � ..` r � ntififP� of IJ tt�r �'+.liitl�° r„ 1 personally appeared who proved to me on the basis of satisfactory evidence to be the person" whose named') is/ar, subscribed to the within instrument and acknowledged to me that ?, he/0e/tDey executed the same in his/b,60 it authorized capacity(io�o, and that by his/„ r/$heir signature(sl on the instrument the personX, or the entity upon behalf of which the person ) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. VI A ds i Ry�.ca Lsnta ; Commission 1906402 WITNESS my hand and official seal. � - � Notary Public-C'alifornia Marin County - A Csrmrn, ires Oct 2 2C1��4 es _i hi,� r)rea for ofdr6 notarial asr S gna��e of t�at�ry Public My commission expires i it Phone No.: � { �)200,'.'1 Notary Learning CC'a"tei - ASV Rights Reserved 'C.1 r'Ci°=,'Y'C)9 illlG'at ACCEPTED: b .. w. City Manaocr ATTEST: City STATE OF MONTANA ) )ss. County of Gallatin ) On this 3C) day of_ c4n1&a , 20(x, before me, allotary Public for the State of Montana, personally appeared CI IRI KtJKLJLSKI and STACY UI,MEN, known to me to be the City Manager and City Clerk, respectively, of 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 Notarial Seal the day and year first above written. (SERI..,) a'��o AIMEE BRUNCKHORST Notaily Public for the State raf M xtana NOTARY PUBLIC for the +r a� State of Montana *: SEAL....' Residing at Belgrade,Montana My Commission Expires a December 04,2016 ^ P0 IV 30.00' STATE�ST, L25T69' to S)4 corner STA-DIUM uj 415.24' Z U3 �CAMPUS BOULEVARD to SY+ corner A 30 Foot wide sewer pipeline easement located in the SWY4 of Section 13, Townslh�p 2 South, Range 5 East, P.M.M., Gallatin County, City of Bozeman, Montana, being more particularly described as follows: Beginning at a point on the north easement line of Campus Boulevard, from which the SY4 corner of said Section 13 bears S77'42'42"E, 208,63 ft.; thence along said north line of Campus Boulevard S89*49'55"W, 3000 ft; thence N00'08'51"E, 257.81 ft to a point on the south easement line of Stadium View Drive; thence along said south I�ne N89-4W55"E, 30.00 ft.; thence SOC'08'51"W, 257.81 I'L to the point of beginning, containing 0,18 acres, ALSO Beginning at a point on the north easement line of Stadium View Drive, from which the SY4 corner of said Section 13 bears S29'15'17"E, 415.24 ft.; thence along said south line of Stadium View Drive S89*49'55"W, 30,00 ft; thence NOO'08'51"E, 257.69 ft. to a point on the south easement line of Stute Street; thence along said south line N89'4742"E, 30.00 ft.; thence SOO'08'51"W, 257.71 ft, to the point of beginning, containing 0.18 acres,