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Home My WebLink About02- Farmhouse Partners - Collece LP; SW Corner of doc 2059587 - Sewer and Water Pipeline Easement " ',' .. .. I ~J l~J!I!J~I~~l!~~~~.~~~1 j~lj~ll~jj~ IIIIII~! I~I ~~.~~r:~: SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Farmhouse Partners - Collel!e L.P.. the GRANTOR(S), in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is aeknowledged, grant(s) to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59715, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain 461 LF (sewer) and 523 LF (water) pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose oftransmitting 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: An easement for sewer line, waterline and fire hydrant purposes commencing at the Southwest Corner of the Tract deed in document #2059587 located in Southwest 1/4 ofthe Southeast 1/4 of Section 11, Township 2 South, Range 5 East, ofMPM, City of Bozeman, Gallatin County, Montana; Thence leaving said property line, North 52036'11" East, 49.60 Feet to the true Point of Beginning. Said point being on the north right of way of College Street; Thence North 00002'56" East, 638.59 Feet to the south line of Tract 4, Plat 16 Film, page 1363; Thence North 89041 '41" East, along said south line a distance of30.00 Feet; Thenee South 00002'56" West, 638.67 Feet to the north right of way of College Street; Thence South 89051 '16" West along said right of way a distance of30.00 Feet to the true Point Of Beginning, containing 19,158.3 square feet more or less, and subject to all easements of fact or record. The easement is more particularly described on the attached Exhibit(s)Awhich 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 casement and the pipeline and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline, services, eonnections, aeeessories and appurtenanees; (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 euts and fills of this grading into ". , "' IIIIIIIIIIIIIIIIIIII~ 11111111111111111111111111111111 ~,~&6~~p Shelley Vano.~Gallatin Co MT MISC 24.00 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 eonnection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said SEWER AND WATER 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 roeks 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 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 ofthe 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 construeted within the easement where at the City's discretion such access is required for operation and maintenanee purposes. (4) 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. (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, 2 . .. IIIIIIIIIIII~ I~I~II~IIIIIIIIIIII ~IIIIII ~~ IIII ~~;~~r~~, ~ Sh.llev Vanoe-Gallatin Co MT ~ISC 24.00 administrators, personal representatives, successors and assigns of the parties hereto, DATED this J.()ft'd."ay of LIMITED PARTNERSHIP /druJIJU!-f pfJA-k-ets - Co/1ete L-:. p, ~fJ .'-#1 M,M u r<: /aJ-f11 (fi( L. j/ I rk ~,' tU." . /J.,~'U-' . I Jlu WXfj ~thur 15 ~ #tu: . -' WilJf~iIIt C . lJdi.J;'/'tj 11-) 1% F~ STATE OF MONTANA ) ) ss. County of Gallatin ) On this 2tL. day of ~, before me the undersigned, a Notary Public for the State of Montana, rsonallyappeared, D J ,.known to me to be the PA-R..TnE V'" of 0 1" lP,9 !he person whose name is subscribed to the within inst~ent and acknowledged to me that he executed the within instrument for and on behalf of ~TnG./lSk ~'""" . \\\\1111.", a ,""<\~,,'s~-WfT1N~SS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the .::uay'and_ year frr~':a~?ove written. , . ,i ,': !/j / -.. j:._ 'jf '. In '.: A: ::'.; LeSEll) -" ",::,. .~ ,,~ //,(,.., '.. '/t"lr!'! I '.\\\1, ~UAJ,-:JO ~ Notary Public for the State of Montana Residing in Bozeman, Montana J / My Commission Expires J 14 .1001., I I ~- =t = \-_M___ cn OF BOZEMAN by its Ci ty Manager ACCEPTED: On this 3rA. day of ~.:::' }k---~r , 2oo"L, before me, a Notary Public for the State of Montana, personally appeared CLARK V. JOHNSON and ROBIN 1. 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 exeeuted 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 a~?ye. ~ritten. ...~~ ,{ ,A ~:. (S-~J..~.:., .......:.00. . ~> -:\Ao/, '...0 ':, .....~,..,.,,-, </ '. , ..c\ 'J... 'v .\- i':~ r" '. .,:l , -~ A SEAL } ... . .. ~ \ " : ~', "CP ", ..- ~\.- ..;JJ.. .... e.... ~"V- ..oJ." '., :")'01'- ......... ~if' .~ '~"" .. ,O-FM o,~.", .#"'IUlj-:HH~...\'\\ ./ -;:;::: (10 ft.(. Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires:-9.....'t- liP J zoot&. 3 , .. II ,,\ N89'41'41( rJ - - - - ~J\ _._~- fcec:~~".c";:;~- r-:- .~,~~ - - - - - - -- r' I I I I I I I I I I I I EASEMENT DESCRIPTION I An easement for sewer line, waterline and fire hydrant purposes I I I I I I I I I I I I I I I I I I I I ,~ I r---- L I I S 89051'16' 1.,/ L_)-~_~O.OO' _ ~ ~ w_ I ---=;7"~=i=~==w==.;.~=.~==~===:_=-~~:~~= -~. 1/ \;52'3:'11" E ._-. --J==.~.<.:()~~EGE STREET 49.60' I I I I I I I I I I I I I I I I I ------1 I I I I I I I I I -----i I I I I I .1 ;0 :1 WI ~i~'II;i" ?I~ ?1.Jlcij gl\.D I ?TC"'l, zl i !~i~ i j ~~! I )?-, " I'll I -- I I BRIDGER APARTMENTS WATER AND SEWER EASEMENT Bozeman, Montana r-) ~ CO N .,.. ot" 09 ~_N QO~ CO~~ -.~ ~CII- N _01 0.09 TARCT6B GO.S. NO. 822 iiiiiiiiiiiiii 09 ~09 -ot" -N iiiiiiiiiiiiii - - =u -II) iiiiiiiiiiiiii E _I- -I[: === 0 -u - -= ~- -.... iiiiiiiiiiiiii .. =CJ -, -- _0 =1:: -- -> iiiiiiiiiiiiii :>- -~ .. _.I:. _II) o 30 ~~ 60 I 90 I SCALE, I INCH ~ 60 FEET Commencing at the Southwest Corner of the Tract deed in document #2059587 located in Southwest 1/4 of the Southeast 1/4 of Section 11, Township 2 South, Range 5 East, of MPM, City of Bozeman, Gallatin County, Montano; Thence leaving said property line, North 52'36'11" East, 49.60 Feet to the true Point of Beginning. Said point being on the north right of way of College Street; Thence North 00'02'56" East, 638.59 Feet to the south line of Tract 4, Plat 16 Film, page 1363; Thence North 89041'41" East, along said south line 0 distance of 30.00 Feet; Thence South 00'02'56" West, 63867 Feet to the north right of way of College Street; Thence South 89051 '16" West along said right of way 0 distance of 30.00 Feet to the true Point Of Beg.i[1ning, containing 19,158.3 square feet more or less, and subject to 011 easements of fact or record. LOT 5 BLOCK 2 TRIANGLE AREA ANNEXATION EXHIBIT A Civil Engineering Land Surveying Geotechnical Engineering 32 DISCOVERY LlRIVE BOlEMAN, MT ~971R PHONE (406) 5R2-022! PAX (406) 5X2-5770 ORAWN 6Y: CG6 OA TE; 08/02 PROJECT #: 02-057 EASEMENT.OWG ALLIED ENGINEERING