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Home My WebLink About02- TCI Cablevision of Montana; Lot 2, COS 2089 - On Site Waterline Easement ... - ..jllll~ 11111 ~IIIIIIIIIIIII~ 1111 ~IIII ~IIIIIIIIIIIIII ~~?~~r~, Shell.y Vanoe-Gallatin Co MT MISC 30.00 ON SITE WATERLINE EASEMENT AND AGREEMENT HOME DEPOT U.S.A, INC., a Delaware corporation, the GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants 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 a water pipeline 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 and more particularly described on the attached Exhibit 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 in order to survey and establish the route and location ofthe 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 ofthe 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. DN 187428.2 03056 00104 05/07/02 10:24am ~ 111111111111111111111111111111111111111111111111111111I ~~~~~~:~~A THE GRANTEE AGREES: Shelley Vanoe-Gallatin Co MT MISC 30.00 (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said pipeline, it will repair or replace, at its sole expense, or pay to GRANTOR 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 AGREES: (1) At no time will it 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 it modify the finished grade of the land over the pipeline by removal of existing so il or by placement of fi II 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. DN 187428.2 03056 00104 05/07/02 10:24am 111111 1111I II~ IIIDIIIIIIII 1111 111111 11111111 1111 1111 gI~~~~, Shelley Vanoe-Gallatin Co MT MISC 30.00 ---- (4) The GRANTOR warrants that it is lawfully seized and possessed of the real property described above, that it has a lawful right to convey the easement, and that it will protect the quiet and peaceable possession of Grantee pursuant to the easement rights granted herein against all and every person or persons lawfully claiming the whole or any part thereof. (5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. 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. DATED this /7 day of /J1tlJf ,2002. GRANTOR: HOME DEPOT U.S.A., INC., a Delaware corporat ~ Daniel R. Hatch Senior Corporate Counsel COUNTY OF ORANGE ) )ss. ST ATE OF CALIFORNIA ) On /J1tf)1 /7 ,2002, before me, J.."5tlL- 1J1~/~ , a Notary Public in ~nd for the said state, personally appeaied Daniel R. Hatch, personally known to me (or proven to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL).r~"'.. . "LisA M. SM'ITH .( - . Comm. # 1290415 (/) ~... NOT ARY PUBLIC - CALIFORNIA (J) ...." Orange County - 1.,. . .'.. .. ~y. ~o.m.m~ Exp:res, J,e:,.1~',2~~5. .T DN 187428.2 03056 00104 05/07/02 10:2 4am ACCEPTED: IIII~I n~1 ~II ~~IIIIIII~ n~ I~nl ~IIII~ I~IIIII ~~?:~~~~, Shelley Vance-Gallatin Co MT MISC 30.00 CITY OF BOZEMAN ~J ~~)~ ATTEST: ~J~ Clerk ofthe City Commission STATE OF MONTANA) ) ss. County of Gallatin ) On this d~ 't' day of -'i~_~' before me, a Notary Public for the State of Montana, personally a ared epf.jU~)?):pl1.'RseN and ROBIN L. SULLIVAN, known to me to be the City ager 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 h and ~ar prs(!lbove written. \." ." 01.', "'" . '." i ~ '_" ..., ~ "'r;AL'\ .., ""/' t, ,~lJiC 'J t .' .. 'fII" c- :rtt . ';p . 7.' ...,i i:j,.".l. ~ x; 1, ...'""..:.... ~ ~ \ """ '~""- . c4: ". t-'" ,... , ~\. \- /',,/ , '"'" ..) 'iA "If NO~ Public ~ the Statr of Montana L I.fA j//IJ V d-Cclf (Printed Name) Residing at Bozeman, Montana My Commission Expires & -/.:;- , 20~ DN 1B742B.2 03056 00104 05/07/02 10:24am .. ~ Iln~1 mlll~11111 ~~IIII~IIIIIIIIIIIII~ 11///11/ ~:!?~~~~, Shelley Vanoe-Gallatin Co MT MISC 30.0; Exhibit A ON SITE WATERLINE EASEMENT A Waterline Easement over, under and across that portion of Lot 2 ofC.O.S. 2089, in the N.E. 1/4 of Section 2, T.2S., R.5E., P.M.M., Gallatin County, Montana, lying within the following described line: Commencing at the N.E. corner of said Section 2; thence S.89044' 45"W., along the North line of said N.E. Y4 of Section 2,901.32 feet; thence S.00oI5'15"E., 30.00 feet; thence S.89044'45"W., 66.79 feet; thence S.00oI5'15"E., 19.64 feet; thence S.05000'27"E., 6.28 feet; thence S.33004'33"E., 68.17 feet; thence S.20006'49''E., 350.32 feet; thence S.32043'II"E., 167.88 feet to the POINT OF BEGINNING of this Easement description; thence S.33049'42"E., 51.69 feet; thence S.OI o39'08"W., 275.00 feet; thence S.43020'52"E., 25.30 feet; thence S.46039'08"W., 30.00 feet; thence N.43020'52"W., 37.73 feet; thence N.Ol o39'08"E., 226.03 feet; thence N.88020'52"W., 245.57 feet; thence S.03016'54"W., 155.86 feet; thence S.0I039'08"W., 504.20 feet to the North right of way line of the future Tschache lane lying West of North 19th Ave.; thence N.S8020'52"W., along said North right of way line 30.00 feet; thence N.OI039'OS"E., 353.91 feet; thence N.88020'52"W., 15.50 feet; thence N.Ol o39'08"E., 30.00 feet; thence S.88020'52"E., 15.50 feet; thence N.OI039'OS"E., 120.72 feet; thence N.03016'54"E., IS5.45 feet; thence S.S8020'52"E., 181.73 feet; thence N.OI039'08"E., 14.00 feet; thence S.Sso20'52"E., 30.00 feet; thence S.OI o39'OS"W., 14.00 feet; thence S.Sso20'52"E., 63.00 feet; thence N.OI039'08"E., 73.49 feet to the Point of Beginning. e: \... \swpipo. cas DN 187428.2 (J3056 00104 05107102 !0:24am