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Home My WebLink About01- Henderson, Carrol V.; Sec 31 Bridger Dr - Sewer and Water Pipeline Easement ~~. SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT t \,,": Carron V. Henderson, Trustee of the Carroll V. Henderson Family Trust and Trustee of the Carroll V. Henderson Revocable Trust of October 16, 1997, and Vera E. Henderson, Trustee of the Vera E. Henderson Family Trust and Trustee of the Vera E. Henderson Revocable Trust of October 16, 1997 and Carroll V. Henderson, Chairman of The Boys and Girls Club of Southwest Montana, the GRANTORS, as their respective interests appear of record, in consideration of One Dollar ($1.00) 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, 411 East Main, Bozeman, MT 59715, 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 sewage and water in, through, and across a strip of land situated in Gallatin County, Montana, to be located on the following described real property: The easement is 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 GRANTORS 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 :cessary~ ~d ) L~lATtaO ~. 1111111111111111111111111111111111111111111111111111111 ~~~~~r:~:~p Sh.lley Vanoe-Gallatin Co MT MISC 3e.00 ~."",j . '. (4) Support the pipeline across ravines and watercourses 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 sewer and water pipelines, it will repair or replace, at its sole expense, or pay to GRANTORS 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 GRANTORS 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. 11011111 ~IIIIIIIIIIIII II~IIIUIIIIIIIIIIII ~II ~~;~~r ',~p Shelley Vanoe-Gallatin Co MT MISC 36.00 .. . (4) The GRANTORS 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 GRANTORS. 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. 1111'1'11111 1m I'IIIIII~IIIIIIIIIIIIIIII mil 1111 1111 ~;~~5:~,: Shelley Vanoe-Gallatin Co MT MISC 38.00 .- 1111'1111'11111111111111111111111'11111111111111'11111I ~~~~~r:~: ~p " DA TED this 9 ':M Shelley Vanoe~Gall.tin Co MT MISC 35,m0 day of Y/(r~- , , 2 00 I. fj ~&. ?(~J ~ t1t~~ ~ #~J:;~/~ GRANTOR () ~Jt~C::~A_~ GRAJ~ ~, ~PA-~^- 4-~ ST A TE OF MONT ANA ) ) ss. County of Gallatin ) On this 911- day of il ~ . 2 Do I , before me the undersigned, a Notary Public for the State of Montana, personally appeared Carroll V. Henderson, Trustee of the Carroll V. Henderson Family Trust and Trustee of the Carroll V. Henderson Revocable Trust of October 16, 1997, and Vera E. Henderson, Trustee of the Vera E. Henderson Family Trust and Trustee of the Vera E. Henderson Revocable Trust of October 16, 1997, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) ,,\IIIJJiJI) .,\' 'I' II ,\' , . -;~ " " C>~ ""0........ ~ ;'" ,<(.l;J 1_,' . , . '" J ~ .. .. ......J., ','" "'".',' '0, "0' .. , ()' '.. :t /~ OT A)jJ-"J \::. ~ ,: . - 1.._ "'1-' ---.- :~:n'" SEAL :' * g , -"l\. <; ....... .-'~ "-1"31 ,I',~ ~ -" );" '. .' "'....... " .., . ,<', ' . . . .. .. t"'; T~ , "'"I. OJ='1l10~' ,\' , .'., " \\" 'It!! I HI\ 6S Il/vUYC! I/: /~':;~A~ GRANTOR .? / ,.. ., - _ _ i .vC;,' --:-'.J~ ~ ~~.J ~r; 1/'<' ~/d~ tlJ-7~ . 9/t",~ ." ' . t /'~.. 't ' STATE OF MONTANA II~ IIIIIII~ 11111111'111111111 ~~;~~5:~,~p ) ) ss. County of Gallatin ) On this ~ day of ~ , 2 001, before me the undersigned, a Notary Public for the State of Montana, personally appeared, Carroll V. Henderson, known to me to be the Chairman of The Boys and Girls Club of Southwest Montana 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 The Boys and Girls Club of Southwest Montana. Shelley Vanoe-Gal1atin Co MT MISC 38.00 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. \\\,\III;!/JJJ' ,'.,'> , \, " Q": ...,'.... ,~>,. 0.,;",:CSE~h ............ ....~' ~~~. ,:', ,. ' ~. ..Jo,. -:.. , f Q.......j.OiA~L4'l\...:. ;,~ .~ ~ :''l ',~.--- ':'I,.....; ~', 'J: \ SE' AL .: * ~/ ~~, ,~~~.t ~i~~ ~/ ." .::~ .' 41_t tlllo ":-.' ~ ''(' " .... ..,'..('\\ " . r' ..-=:. ~"..~ ...':),......, \"..... \ 1. ~ fM;f~ Notary Public for the State of Montana Residing in Bozeman, Montana My Commission Expires 11!13/;;00:3 , ~ ACCEPTED: ==-\ \ ~ ~.~ CITY OF BOZEMAN"' By its City Manager ~ ~:, ,'~"'; "'~~~ ",'~~ ..J.j'-"'.">i&.:r""~;:.",,,. ,0,'"\ , , ... .... ,,,. ~~. ", .", ,,' , ..,~.,.... t ,.,. .....,IO;,{' '..< . ....;~!;: " or, ~'i . iT County of Gallatin On this ~ day of I).ec.e-/;Iu , Zoot, before me~ a Notary Public for the State of Montana, personally appeared CLARK V. JOHNSON 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. , ' ':,c..:..~~ALPC! ',,' , .( u ;:"', '. ,0 ~ -..:: t". \ .-., ;;",..... . " . ..'-J --<l ,~ ' <.:;;;.- 'r(" " ~ ; ,...,." 1',..( " L : ,,\~ \~ iJl, C4J .4J.l---:ii..' .~ ,,'>, " ... ".. " ,,' '"' .. ~r.. '~~t.Ili1.......lI ~~ ............. <,/:- a):'" Me~'\ """. ."~J~;~i';nt ~,~,,\\'lt. -- I' -Go/tl{ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires: 7~f / /'" 200 Z ~ , I 111111111111111111111111111111111111111111111111111111I ~~7~~r:~: ~p " Shelley Vance~Gallatin Co MT MISe 38.00 "__.._..".. ._. _._n 8 .... II . ~~ ~ 4'b<f ~ft ~as ~~ t-Lt) ~() . . ~, ~i:~ i ~H i gliil!lU'l~ is> ~ ~;'il ~ ~lilB'llie: ~ ~~R ~ ~nu~~ I I WPlPl~~~~ ~ n~ ~ llUnU i i S:J~!l:S!J5 ~I--C'f~ aUu !~ i~ II Ie ~ ll! ~. ~ i~ ~J J~o: f-4 J!! ~ Jlf ~ iil ~