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Home My WebLink About03- Tengelson, Joanne F. & John; Tract B Northern Pacific Sub Amended Plat C-23-J - Sewer Pipeline and Access Easement h!i!ii~ I l~!~!~~J~I~!~!'1 ~II,~~~~ 1111~jl~1 g.~~2:~~, SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT' ... Joanne F, TenQelson and John TenQelson , the GRANTOR(S), in consideration of One Dollar ($1,00) and other good and valuable consideration, receipt of which is acknowledged,grant(s) to the Citv of Bozeman, a municipal corporation of the State of Montana; 411 East Main St, Bozeman, MT59771-1230, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sanitarv sewer pipelines 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, Located in the southeast % of Section 6, Township 2 S, RanQe 6 E PMM, and further described as Tract B in the Northern Pacific Subdivision's amended plat C-23-J twenty (20) feet wide to be located on the following described real property: From the northeast corner of Tract A in amended plat C-23-J; S 0000'20" E a distance of 312,06 ft alonQ east boundarv of tract to the point of beQinninQ of utilitv easement, thence S84052'34'W a distance of 131.46 ft, thence S 5007'26"E a distance of 20.00 ft, thence N84052'34"E a distance of 129.67 ft, thence N OOOO'20'W a distance of 20,08 ft to the point of beQinninQ. Said tract of land beinQ 0,06 Acres. 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 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. 1 .- 111111111111111111111111111111111111111111111111111111I ~~t~~~~~~~A THE GRANTEE AGREES: SM_lley Vanoe-Callatln Co MT MISC 30,00 (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said 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 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, 2 1111II111111111111111111111111111111111111111111111111I ~~t~~~~~~~A SMIIIIV Vanol~Gallatin Co MT MISC 30,00 DATED this jr2. day of J UrrP G STATE OF MONTANA ) ) ss. County of Gallatin ) On this 3r9 day of JUJ..fJ ,200& ,before me the undersigned, a Notary Public for the State of Montana, personally appeared 'l::Gme *" '1~ ..,.-~S()) ,known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. \ \" t~ti WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial v...AI ~ ....,'~~'._~_. .:+~nd year above written. ~.. ..d'~ ~ :t\OTARl.L':.. ~ = * : -..1~~) = ~tA.. SEAL :*: .....~' ,- "'T. .~ "'~.. .' - ///{ pi:: '~~'n"'~ 0 7tJJto Notary Public for the State of Montana ~ob/n ?ArkS (Printed Name) Residing at '-Ic9~ tJ. Y-pI/CX,..JsJcn , Lt/..)I'n7S'1cn {fnT My Commission Expires d /0 1200(0 ~ J CITY OF BOZEMAN by its Ci ty r1anager STATE OF MONTANA ) ) ss. County of Gallatin ) On this 9'r day of , 2.d!l..l:..., before me, a Notary Public for the State of Monta , rsonally appeared CLARK V. JOHNSON and ROBIN L. SULLIVAN, known to me t e the City Manager and Clerk of the City Commission 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. 3 III~" II~ "~I mil I1111 11I1 III III Hili 1111 III ~;~~~:~~, SM.II.y Vano.-Oallat1n Co MT MISC 30,00 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. ..' .;j":lft'\"'IIII~. .". * 'I.' ......, \.f.:, ...,.....4.. .J..:::' '~!,. ) .... .~ 'v "C' ~ -1-".. ' f').'1ji 0 . ~ " II. ~ .. ""- t .. . 0, .......... 7 ::..,: ".:;:0 .' ~ ~-.- ~~' .II- '.;1," ,:,": . 'J:". ,_.. ",.' ., -, 0 '-,"r' i '" .6, '. . , ? t ,0 , ..' ot "f'y Public for the State of Montana Kd>fiJ .4AJJ tlACt-ff (Printed Name) Residing at Bozeman, Montana My Commission Expires:&-1LL.120tl 3. 5 CI; 'It ~ r') ,g NIO- -... NOZ .... 10 ~ ,,0 .... : ~ N:; iiiiiiiii CSI ~"'! -~ iiiiiiiii iiiiiiiii - =u -Cl) _E iiiiiiiii I- ===E iiiiiiiii 0 _u <: -:: -~ -..... iiiiiiiii J; -. =- _0 =<: ~~ -,. =~ ..... ~1 _Cd G?J ~ -N- l &G?J SCALE: I"=&G?J' !1l .- ;- .n N 0' .n ~ 'f.~ /2 , I . / , I \ ir ..,~.,;;:;r.- . I . I , I , / ~ "&~ -10 ~~C "P.A "7~ ~ "7';-~O~~'Q) <::2- "t- -<> ~-<> <;- ~"70. :.>- '*' 1:"> I G?JG?J TAMARACt: &TI<EET I ~~ - I~~! r- N & - ~.~ ~g !tt ii "e. c<:}" $' -to -<> "P,A -<> .A o?-.,:..s-~ <:7...... ~ <1:> ~ 00/,- U'~;;...7 ~U' c'<.." ~,A~ '6"",."Pco.J.- 83.84' I\l8S'!;b'14"E I~ l~ ~~N &. - ~l~ ---- ,ill I , , I , , . , ~~ ~I ~~~ -1& -~ N_ ~ rfi EXISTING LA TTICE NA TERIAL S ElUILDING Pt<O SED ElU/ DING AD mON il; I E \2~.b8' N84'S,2' 34"E 20' 1..IIDi: l!>AIoJITAIi!Y &EL.lEIi EA5EMEIoJT SANITARY SEWER EASEMENT LATTICE MATERIALS CORPORATION OFFICE ADDITION Copyrl ght @ 2003 HKM Engl n~~rl ng Inc., Al l RI ghts R~s~rv~d. ( ~ "7e>...... -1--0 >l" %--t.: 9p ~ -1-0"& .::':) ...;-<t-, ~ U '1-- ~ "70...... -1-q ~ r --- , I &--- - I=!aa ruN,r-J5 TO tI' 8/INlT--' ~ AePfiN ST, fil/lJ . FQ(>NT ST.n:1')AL 2G?J.G?J8 ' NG?JG?J'G?JG?J' 2G?J"J,.J EXHIBIT A ) ~ 04A065. 102 MAY 2003 EXHI Bt T1, DGN