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Home My WebLink About14- Bozeman Deaconess Health Services Easement receipt(2) City of Bozeman-City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 Pla7TEo 2493755 Page: 1 of 7 10/03/2014 03.30:58 PM Fee $49.00 Charlotte Mills - Gallatin County, MT MISC Illllll IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII Illl IIII SANITARY SEWER LINE AND ACCESS EASEMENT AND AGREEMENT Bozeman Deaconess Health Services ,the GRANTOR in consideration of $10.00 and other good and valuable consideration, receipt of which is acknowledged, grant to the City of Bozeman , GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sanitary sewer lines 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, thirty (30) feet wide to be located on the following described real property: Portion of the NW 1/4, Section 17, Township 2 South Range 6 East P M M The easement is more particularly described on the attached Exhibits A and B 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 sanitary sewer line and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the sanitary sewer line, 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 sanitary sewer line; (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 sanitary sewer line(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 sanitary sewer line 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. (SIGNATURE PAGES TO FOLLOW) DATED this {hday of LA44, , 20—LLL f GRAN tOR CORPORATE STATE OF MONTANA ) ) ss. County of Gallatin ) h On this I day of a��w ,20-1-�,before me the undersigned, a Notary Public for the State of Montana, personally appeared,4((-L�V'1 L,'v�� , known to me to be the CDD U-0 of - and the person whose name is subscribed to the within instrument and acknowledged to me that S he executed the within instrument for and on behalf of r m� 1Qsl�-t IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. CHERYL INGEMAN NOTARY PUBLIC for the (SEAL) State of Montana 1 Residing at C � Bozeman, Montana My Commission Expires Notary Public for thV State of Montana February 11, 2017 Chtru( I nQcrn�.r� (Printed Nam Residing in 1`')g2kyy\DLn Ngni no, My Commission Expires�/--V�__/20 �q ACCEPTED: CIT $O E N B�2 By • City Manager ATTES Cit Cl " > i•z r J ^^ °♦�^ f n a l7 STATE O MONt� A~j. ) ss. County of Gallatin ) On this ,�4 day oAnfmRaj 2D,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. HEATHER BIENVENUE Fy Notary Public(SEANoTAA414.m:for the state of Montana ;EAL -* Residing at: s; p = Bozeman, Montana CN4oPublic for the State of Montana '<<, �' MY Commission Expires: January 26,201 a EEE (Printed Name) Residing at Bozeman, Montana My Commission Expires: _/ /20 EXHIBIT A LEGAL DESCRIPTION A 30'wide sanitary sewer line easement being a portion of Tract 2 of Certificate of Survey 2047, located in the northwest quarter of Section 17,Township 2 South, Range 6 East, Principal Meridian, Montana, City of Bozeman,County of Gallatin, State of Montana, lying 15 feet on both sides of the sanitary sewer line as constructed and being more particularly described as follows: BEGINNING at a point lying on the westerly right-of-way of New Highland Boulevard, said point bearing S28°43'29"E, 1179.55 feet from the northwest corner of said Section 17;thence S56°21'54"W, along said westerly right-of-way, 65.01 feet; thence leaving said westerly right-of-way S83`50'53"W, 130.28 feet; thence N33°28'13"W, 100.84 feet; thence N77°50'14"W, 85.57 feet;thence N12°09'46"E,30.00 feet; thence S77`50'14"E, 54.90 feet; thence N33°28'13"W, 18.66 feet; thence N56*31'47"E, 30.00 feet;thence S33°28'13"E, 144.14 feet; thence N83°50'53"E, 169.68 feet to the POINT OF BEGINNING. Containing 11,205 square feet or 0.257 acres, more or less. Drawn By TSB Checked By GS6 • BOZEMAN DEACONESS HOSPITAL EXHIBITA Date 6/24n4 REF SHEET# WATER LINE EASEMENT CTA# 6D t1oSP LIVINGSTON,MT (406)222-0104 GRAPHIC DEPICTION SHEET# Cad File: 6QSPc001.dwg Fax(406)222-1007 I( EXHIBIT B GRAPHIC DEPICTION BOZEMAN DEACONESS HOSPITAL N12'09'46"E N56031'47"E 30.00' 30.00' N33'28'13"W POINT OF BEGINNING 18.66' BEARS S28043'29"E 1179.55' FROM NW S33°28'1WE CORNER SECTION 17 144.14' S77°50'14"E 54.90' N83050'53"E N77°50'14"W 169.68' 85.57' N33°28'13"W 100.84' TRACT 2 S83°50'53"W 56021'54"W CERTIFICATE OF SURVEY 2047 130.28' 65.01' ,sU �ti�Ov GRAPHIC SCALE 60 0 30 60 120 ( IH FEET ) 1 inch = 60 ft. THIS EASEMENT Drawn By GSB Checked By GSBCA BOZEMAN DEACONESS HOSPITAL EXHIBI EXHIBIT B REF SHEET# Date 6/24/14 WATER LINE EASEMENT CTA# BD HOSP LIVINGSTON,MT (406)222-0104 GRAPHIC DEPICTION SHEET# Cad File: BDSPc001.dwa Fax(406)222-1007 1