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Home My WebLink About05- Gallatin County; Law and Justice Center- Sewer and Water Pipeline Easement .... , , SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Gallatin County. a Political Subdivision of the State of Montana, the GRANTOR(S), in consideration of :f I .. !i9- and other good and valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, a municipal corporation of the State of Montana, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting in, through, and across a strip of land situated in Gallatin County, Montana, of irregular width to be located on the following described real property: Tract A and Tract B of Certificate of Survey No, 691, and Parcel II described on Film 134, Page 358 of Gallatin County records, all being located in the Southwest Quarter of Section 12, Township 2 South, Range 5 East, P.M,M" Gallatin County, Montana, The easement is more particularly described 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(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, removing, enlarging, replacing, and maintaining of said -~;9: ~~!I!~~1~1~~!!!l~~!1 ~~II~II~j~ IIIIII~ I~~I ~:t~~~~,?', 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 a'ld 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. IIIIIIIII~I ~III~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII gj~~:~,: Shelley Vanoe-Gallatin Co MT MISC 35.00 2 .. 'l? net DATED this CA-- day of ~U/lL ,2005 GALLATIN COUNTY, a political Subdivision By: STATE OF MONTANA ) ) ss. County of Gallatin ) Y'1~ On this 1]; day of J L.t....nJL. , 2 005, before me the undersigned, a Notary Public for the State of Montana, personally appeared, lJ\.r\ \ \ \ II VY\ 0... m V-/l"ot>ck., known to me to be the Chairman of the Board of Gallatin County Commissioners 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 Gallatin County. \\\\\~N'~IJf>~FSS WHEREOF, I have hereunto set my hand and affixed my Notarial S~~t~'.day!~tt-~ear first above written. ~0 . . 't-'l i 0~' .~~o T AR/~~' '.~ \ ~ *: r.~~I) : * ~ - . ~ oj..., I _ ~ (.fl, , ,_}J..:...:. ...I .'~ ~ .~ ..A . . :'l,; ~ ~,~ ",' ..... ~#' Z F MO \\\,.:$f II 1/ II III N t ry Public for the S,ate of M G lewLOl t . rn vJTe (Printed Nam~ _ Residing in Q.Jr1t\ AA1. ~ My Commission Expires ~----L.:LI20..Q! 111111111111111111111111111111111111111111111111111111I gj~2:~,: Shelley Vanoe-Gallatin Co MT MISC 36.00 3 '. ACCEPTED: -.,. , " . ';... "'~ _. . '- ,.,- ~A~ CITY OF BOZEMAN by its Ci ty Manaqer STATE OF MONTANA ) ) ss. County of Gallatin ) On this 1tt-- day of ~ ' 20tE, before me, a NDtary Public for the State of Montana, perso ally appeared Chris Kukulskl and ROBIN L. SULLIVAN, known to me to be 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. ( , ~':I -'d .'..1 , .0, .~ ,.,. . 't.... .....- (~E~D '~ Q41/ Notary ,Puplic for the St e ~f Mo tana .(t:Q( e VI ~ h((Lvll t18€.4 (Printed Name) Residing at Bozeman, Montana My Commission Expires: 3J ZS /2~ 111111111111111111111111111111111111111111111111111111I ~~t~~~:~: ~p Shelley Vanoe-Gallatin Co MT MIse 35,00 4 '- I ~ ~I => i'i I ~ ~I ~~~ In~, ;:1 ~ I ". w ~ g ~ I I LJ EXHIBIT A UTILITY EASEMENT ACROSS TRACT A & TRACT B OF c.OS NO. 691, & PARCEL II OF FILM 134, PAGE 358 LOCATED IN THE SW 1/4, SECTION 12, T2S, R5E, P.M,M, GALLATIN COUNTY, MONTANA ';1113, REBAR IS 0.29' NORTH OF CORNER ./ N8g.10'1O"E 42U4' '" oi 'i' ~ '" .... g oz. TRACT A, C.O.S. NO. 691 ~ 0 ~ 100' I I I I I 5 C A L E I S88.56'50"W 665.56' (:;ulj , ').10" ;\IOOltJ, ~20.05' 117/'"c6 I :'/r-~' I~ I tt) I :'J/1 ( A I I/t: ~~iri~~:: ---n~1~i MISC, BOOK 21, PAGE 268 -----i 11/1./......./.....'...'. I eXISTING SeWeR cASeMeNT TO BE RELEASED I' ......... /1 II;,:~...'.........: I ~): I :1' I I~:l/] I ~ ~//.':I~ 5"1 :'10 I ~I.:l/.......I; 1/ /1;" I :t>~I~ 1',/1 I I",f:::,: I t'l,:....... 1 I~ I ~t........./.... /I rl I 11....,..1 ,...'..../..'.,.,...1 ~;E~;~L;TY ~/32'1--- ~;:;;,,:;"~; ;:;;m~ rl TO BE RELEASED I I. ..,/' " /1 I ~;~ (I ........., I 1~::>oJ. N89'07'26''E ..' 09.46.:J/1 / ~.r:"=-.2f 1/ I 5/~/ " I 33.62' / I TRACT B, C,O,S, NO, 691 S89'\I'28"W 319,92' ~ :=:::. "'Z ~~ -< N89', 5' 1 4"E O.~9' FD SPIKE TO COR , suE:, ;\I"OUJJ N89.,2'51.e 131.70' '" ~ 0 :::. g z ~ w ?< :.., := ... ~ ." ... N89 12'51 "E 208.36' :::::; /~~ / i/ ~ASCEl-)r..OF /N FJJ,.M,A~f;l?~"'39a , 58 .,2'Sl''W 175,90' :J ~ S89',2'51"W 13'.48' ',UIJ g ':i '" w ~ '" g V1 LINE TABLE LINE L1 L2 L.3 L4 L5 L6 L7 BEARING 500'11' 13"E 500'11 ' 1 3 "E 500' 11 ' 1 3 "E 588'13' 1 1 'W N89'37'33"W NOO'SS'49"W N89'37'33"W DISTANCE 15.00' 30,00' 15.00' 30.00' 15,00' 45,00' 30.01' 19 ~ "' MONUMENT LEGEND .sYMaQL DESCRIPTION I"iI FD 5/8" RB, EXCEPT AS NOTED 1.1 FD YPC, EXCEPT AS NOTED . FD PIPE ... FD 2" ALUMINUM CAP w '" ... '" ~ ,.... ! .... ~ NUJ cg - UJ m og mID ~ .... Ii ~ ..- N:I ---- cg !!!!!!!!!!!!!!! cg =10 iiiiiiiiiiiiii '" iiiiiiiiiiiiii - u -IIJ _E =1- ~E iiiiiiiiiiiiii 0 _u .5 =... -. -.... -.... =. -co -, -. _0 =1: !!!!!!!!!!!!!!! ~ iiiiiiiiiiiii :>- -. =.... iiiiiiiiiiiiii -= ~.c:. _IIJ I c,Ulj, vH t.IJdOV