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Home My WebLink About01- SD 7 & Milligan, Richard and Bonnie; S1/2 of Sec 26 N. 27th Ave - Public Utility Easement (#1) 111111111111111111111111111'11111111111111111111111111I ~~~~~r:~, ~p ~ ~ 1/ Shelley Vance-Gallatin Co MT MISC 4B.00 EASEMENT In consideration of One Dollar and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SCHOOL DISTRICT NO.7, a political subdivision of the State of Montana, with an address of 404 West Main Street, City of Bozeman, County of Gallatin, State of Montana, 59715, and RICHARD and BONNIE MILLIGAN, with an address of 2195 Weaver Road, Belgrade, Montana 59714, hereinafter referred to as "Grantors,U grant, convey, and transfer unto the CITY OF BOZEMAN, a municipal corporation of the State of Montana, with an address of 411 East Main Street, City of Bozeman, County of Gallatin, State of Montana, 59715, hereinafter referred to as "Grantee,U a perpetual, nonexclusive, public utility easement. Said easement shall be over and across the real property described in Exhibit A attached hereto and incorporated herein by reference. Said real property shall be known as the servient tenement. Said easement shall be for the use and benefit of the City of Bozeman and the public at large. Said easement shall be for the purpose of the construction and maintenance of public utilities. The location of said easement is as set forth in Exhibit B attached hereto and incorporated herein by reference. This grant includes the right of the Grantee, and its 1 111111111111111111111111111111111111111111111111111111I ~~~~~r:~, ~p Shelley Vanoe~Gallatin Co MT MISe 4B.00 successors, permitees, licensees, and assigns and their agents and employees, to enter at all times upon the above-described real property by using the existing roads or trails or otherwise by a route causing the least damage and inconvenience to the Grantor's real property in order to survey and establish the route and location of the easements 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 real property subject to this easement and extend the cuts and fills of this grading into and on the real property adjacent to that which is subject to this easement to the extent Grantee may find reasonably necessary; and 4. Support the pipeline across ravine and water courses with structures that Grantee deems necessary. 2 -' 11111111111111111111'111111111111111111111111111111111I ~~~~~r:~; ~p Sh.lley Vanoe-Gallatin Co MT MISC 4B,00 The Grantee agrees: 1. That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of the utilities, it will repair or replace, at its sole expense, or pay to the Grantor the reasonable value of any damages to growing crops, existing fences, ditches, and other appurtenances of said real property that may be disturbed by its operation; and 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 be exposed by the excavation and remains after backfilling is completed. 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. 3 " 1111111111111111111111111111111111111111111111111111111 ~~7~~r:~, ~p Shell,y Vanoe-Gallatin Co MT MISC 4B,00 The Grantor agrees that: 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 they modify the finished grade of the real property 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. 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 property, or any part of it, and that it will forever defend the title to this property against the claims of all persons; 4. The Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor; and 5. That where the subject improvements are not located under improved public or private streets o~ other provided access, a twelve (12) foot wide all- weather access road may be constructed within the easements where, at the City's discretion, such access 4 IIIIIIII~IIII~ 111111 11111 ~mllllllllll~ 11111 ~~;~&5:~, ~ Shelley Vanoe-Gallatin Co MT MISC 48,aa is required for operation and maintenance purposes. Said easement shall be binding upon the heirs, executors, administers, personal representatives, successors, and assigns of the parties hereto. The Grantee hereby accepts the grant of this easement subject to the terms and conditions set forth above. DATED this { day 0 f 1'10 v ,J..~/"",---_ ,2001 . SCHOOL DISTRICT NO. 7 By k Steve Johnson Assistant Superintendent B~L~ '--...------ R CHARD MIL ACCEPTED BY: ~.I' ", ~ .~" <l.. ... "'-.w .to"j, .' . " "::'::(' ",... , .:-'\ \( A TTE S '!":' "',:--) : ". " . ,;, .'-i\: - (.../,,1 '.' /0, ) ~,i'_,,\,: ~""""",-"," '~:: \ :"'e", ; B~"'-. ~: Cl~f~~'q-~' ~,rn~;,y- Commission , '~_ <",}0t.~-j,!l ,~\y ~.I . f_"i\P"t1i1':l; ,i' ,0 '.'~ ,~l '! <:0. \,' ,': CITY OF BOZEMAN B~ \ Its <:::-"'.\.-i ~~ .... STATE OF MONTANA) ss. County of Gallatin) On this f<3r} day of (J(I rcJ Be-Ii!... , 2001, before me personally appeared Steve Johnson, whose identity is personally known to me (or proved to me on the basis of satisfactory evidence) and who by me duly sworn (or affirmed), did say that he is the Assistant Superintendent of SCHOOL DISTRICT NO.7, and 5 1111111 mlllllll~IIIIIII ~mlllllllll mlll~11111 ~;~~5:~, ~ Shelley Vanoe-GallatiM Co MT MISC 4B.00 that said document was signed by him in behalf of said entity, and acknowledged to me that said entity executed the same. ;' t I .,' ~ It,; (:I J '-;, - I;.I"!~ " . . , . : . 5 /1. .... .' -' '.. ..".., ... ,,'J .... .'t,') "0).. '.,. .0\ J, '....., ,.-- ,. " ~. ';) -r,r' , ., . ,. ... " ~I. '\: . '~ ,,.... ~ fi'l : ~ :,.c; ....'). 7 P .''"'(' ',~~ '. ~ '"-- "; ..."" ;; Ii ' , ~ ~.... . . ",~ ". \: ,t Ih.... ." '~ .. "." ,r ,. '. ~')-- .~III'''H''4.~..~ ~ ~:~ 'i,~)JA .~l ~ ,Q.~ Notary Public for the State of Montana Residing at J....c.VIIIJ 6- S-rcl\J , Montana My Commission Expires: t1D~ 1.'""'1 ~0{)"- , , , ' STATE OF MONTANA) ss. County of Gallatin) On this "7 day of /Jov~~ I 2001, before me personally appeared RICHARD and BONNIE MILLIGAN, whose identity was proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to this instrument, and acknowledged that they executed the same. ,,\,.~' ~ ~ i1.~ rll tlllltl/ ..,~~ \.::-:' ~:, ,1..11.'>"" '" \.J .~jt. ....".'\...J-.,~ .~';: :",' ')\ ~lr~l)t\ ~ . : \' (~' L) ~ ': \ c' 'd, j ~ . ~D, . ~ " ..~.,' ...,.. ,7 .~: ~', tit. ..... ~\....~ ?1 ..'..,...... '..~ ,....... '1f! OF ,',0' "", " ST~~E bF MONTANA) e---- Notary Public for the State of Montana Residing at& /) Z~ I Montana My Commission Expires: /- I V_ 1 o~ <... ss. County of Gallatin) On this 7~ day of , dg~~~e me ~ ' pers,onally appeared V)L. and ~ }. ~ whose identity is personal known to me (or proved to me on the basis of satisfactory evidence) and W~hb,y me duly sworn (or firmed I did say that they are the ~!.~;; ____ and . f the CITY OF BOZEMAN, ndth~~~id document was gned by them in behalf of sa'd entity, and acknowledged to me that said entity executed the me. Notary Public Residing at My Commission 6 Montana I Montana 1:'e 51:. .~ . 10'- dI~~ 3- ~\ ,. ','. (:-' ..". ,- '. o F"'il"O \\' ' ,i ~ I ~ ~ "" ~ ~.. EXHIBIT A Easement No.1: A public utility easement across a portion of l~d located in the South Yi of Section 26, Township 1 South, Range 5 East. Principal Meridian Montana, Gallatin County, Montana. as shown on Exhibit B, and being more particularly described as follows: Commencing at the south quarter comer of said Section 26, thence along the north-south mid-section line of said Section 26, North 00047'56" East a distance of 30.55 feet to a point on the extended south line of Lot 4A, Minor Subdivision No. 221A, as filed with the Gallatin County Clerk and Recorder. said point also being the True Point of Beginning; A strip ofland 40.00 feet wide lying west of the following described line: Thence along said mid-section line, North 00047'56" East a distance of687.37 feet, more or less, to a point on the south line of an existing 30' easement; A strip ofland 60.00 feet wide lying west of the following described line: Thence continuing from said point along said mid-section line, North 00047'56" East a distance of 314.18 feet, more or less, to a point lying south of the extended north line of said lot. said point being 30.00 feet in distance from said extended line when measured at right angles, and the end of the easement being described. The length of the west sideline of said easement being adjusted, as required, so as to begin on the extended south line of said lot, and end at a point lying south of the extended north line of said lot, said point being 30.00 feet in distance from said extended line when measured at right angles. Said easement contains 1.06 acres, more or less. H:\2605\O 17\docs~cr-revisedEXHIBIT -A-EASE.doc Ilmll III~ 1111 ~IIII I~IIIIIII 111111111111111111111 ~~~5:~:. Shelley Vano.-Gallatin Co MT MISC 4B.B0 . ,. , . -<a. \,. ~ I . ~'. f ,. tL t') to; .... . .'" ID CSI .,,- C'\I lOog IOID ~ Q..!:: N=. tLCSI ~CS1 !!!!!!!!!!!!!!! ~ =ID !!!!!!!!!!!!!!! ... ~ ~ - =U -UJ _E =1- =E ~o !!!!!!!!!!!!!!! u =C ~= =" !!!!!!!!!!!!!!! :: _II =0 -. -. _0 =C _II -> ~'" -. =.... ~. !!!!!!!!!!!!!!! .t:: _UJ o EXHIBIT B UTILITY EASEMENT LOCATED IN A PORTION OF THE SOUTH 1/2 OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA EXISTING 60' PUBLIC ACCESS I II & UTILITY EASEMENT ----l I- LOT 1 .-r- PER DOCUMENT NO. 200889~ MINOR SUB. I I #221 I 30' ---j ~ S89'44'46"W I I 405.07' LOT2 MINOR SUB. #221 LOT3 MINOR SUB. #221 325' -1 ~ EXISTING 65' PUBLIC ACCESS I I L & UTILITY EASEMENT --! SHOWN AS "NORTH 27th AVE" I PER MINOR SUB. #221A I I LOT 4A r- ~I MINOR SUB.---1 --/ I I I #221A I I I I I I I I I I W ~ NORTH 100 200 L SOUTH LINE Of SECTION 26 400 .Q--,MORRISON CdJMAIERLE,INC. ...-- . . SCALE: 1 "=200' ra","'",'-",-IfoINIolot"''''' __1I~'","1II.1,~ LEGEND o LOT CORNER PER MINOR SUB.#221A PROJECT NO: 2605 0'71<04'.10310 FIELD WORKo------ DA!'E: 05110101 ORA""" BY: KW SCALE: ,"200' CHECKED BY,--- CLIENT: ~ FORMER 60' ROXI LANE RIGHT-Of-WAY S89'44'46"W SO.01 ' 60' I NOO' 47' 56 "E V 314.19' : EASEMENT 1 : A 40' AND 60' UTILITY EASEMENT EXISTING 30' EASEMENT \ \ I I I I I I I ~ NOO-47'SS"E : 687,37' I I , 40' EASEMENT 1 : A 40' AND 60' UTILITY EASEMENT 20' P.O.B. EASEMENT 1 NOO' 47'5S"E 30.55' S1/4 COR SEC 26 ,-~ K....'..tt ......... .......M -- 1/4 SEC. TDY<NSHI GALLATIN COUNTY PRINCIPAL MERIDIAN. MONTANA SHEET ----!....- ---1...- OF