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Home My WebLink About00- DMC Inc.; Tr 4-5, Mountain Vista Suburb - Sanitary Sewer, Water Pipeline and Access Easements .. ------.- -----.. -.-.------- .---.. ---.---.- . ,~ ~ IIIIIIIIIIIIII~I~ IIII1II111111 ~II ~~~~~r~: SnllllV Vanol-Gallatln Co ~T ~ISC 24.00 SANITARY SEWER, WATER PIPELINE AND ACCESS EASEMENT AGREEMENT DMC, Inc., of 804 North 19TH Avenue, Suite 2A, Bozeman, MT 59718, the GRANTOR, 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, P.O. Box 640, Bozeman, MT 59771-0640, the GRANTEE, its successors and assigns, perpetual easements to lay, construct and maintain sanitary sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting city sewage and water in, through, and across a strip of land situated in Gallatin County, Montana, and being variable in width, to be located on the following described real property: Tract 4 and Tract 5, Mountain Vista, Suburb of Bozeman, according to the plat thereof, on file and of record in the office ofthe Clerk and Recorder, Gallatin County, Montana, and located in the SE 1/4, SE 1/4, Section 11, T. 2 S., R. 5 E. afP.M.M. , Containing 2.00 acres. The Easement is more particularly described and shown on the attached Easement Exhibit, 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 easements and the pipelines 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 water main and sanitary sewer 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 ____._n ----.- . I' IIIIIIII~IIIIIIIII~ II ~IIIIIIIIIIIIIIIIIIIII ~~~~~r~~p Sn.ll.y Vano.-Gallatin Co ~T MISC 24.00 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. (3) To lay, construct and maintain said pipelines in such manner as will not hinder or , prevent the proper cultivation ofthe tract to which this right of way is hereby granted. The GRANTOR(S) agree(s) that: (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) 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. (4) 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 ofthis 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 .2 oJ'" Oc TOBeR.. . - dayof , 2000 . By: . I. IIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIII ~~~~~:5~~p STATE OF MONTANA } Sh'll~Y V~no.-Gallatin Co ~T ~ISC 24.00 . } ss. COUNTY OF GALLA TIN } On this ~ day of OL4o fJCJ'2- ,2000, before me, a Notary Public in and for the State of Montana, personally appeared David M. MacDonald, known to me to be the president of DMC, Inc., a Montana Corporation, 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 said corporation. In witness whereof, I have hereunto set by hand and affixed by official seal the day and year first above written. ",,"111//, ~~ "" H ", ....,.... C:J~~'" J4( '''''' ,..;)., '. ~/". 2C:l,"NOr ".-p~ NOTARY PUBmC FOR THE STATE OF MONTANA '" . .p - =: If-: .A1-9 -. (jJ::' Residing at t?v7.e~ MT -Cf) . / . ~ :: -I: S R '........ '"1(: (I'l :: My Commission expires '1-/)" v D<t:JC2L SEAL: -7 0- :: :.,4'. --":<11: " < .::- S~'.*. ' .''If---~ --"'". 0,(" '. . . . . ..' ~ "..... ACCEPTED: "'; MONip..~,...., I, \\' \ i II ( I J I I \ II \ \ - ~ ~ C\8f~l~~l!~ City Manager for CITY OF BOZEMAN ,/- . .:,,,";~;<\'~:; ) A~ EST>_,J r "r) j1l'~' ./"" l ,.",: "" ! ," ..... "', ')sJ i",;;J . g 1\ .,' '. ,.. .;< t 'A ,.,. . f ':,~';,' - :er~bt1tM:E'tij' <,!6mmission ...., 18 "1 '\' "~ .\-~ ",.} /k ,\" .~' ft, "~. "', '" " ."', S'fl1iI(:'b',F1MUNTANA } } ss. COUNTY OF GALLA TIN } On this / & yJ" day of d~ ,#N , before me a Notary Public for the State of Montana, personally appeared Clark Johnson and Robin L. Sullivan, known to me to be the City Manager and Clerk of the City Commission, and known to me to be the persons whose names are subscribed to within this instrument and acknowledged to me that they executed the same, for and on behalf of thc City of Bozeman. It\ ~it~.sSc ereof, I have hercunto set my hand and affixed my seal on the day and year first written . "aliove.' I I r .",,.' ,..'" '..' I: ~, ~y'~ . " (:)' t" '- '" t\ """1 :' .''lI' , '/.;r-~()O~ g:\c&h\OO\OO 129\office\Utility Easement ,i EASEMENT EXHBff TRACTS 4 AM) ~ MOLNTAN VISTA Sl.BLRB OF BOZEMAN LOCATED IN THE SE 1/4, SE 1/4 OF SEC. 11, T. 2 S., R. 5 E. 11>- OF P.M.M., GALLA TIN COUNTY, MONTANA if _ ....- [N89'M'30"E] i 0811'54'30' ~ ~ 137.411 :J = I I 0_ I I [N89'54'3O"E] ~ = : : 0811'54'30' ~ = I I 137,411 .... ~ - - . 85.0S - 100Ml- -.... 8' ~ = . __, ,2'.... A<XDS...... (1950 SO FT)'-:<: - ~ 8' ::::J - 01.... .......--.......-------.......-.. Cl ~ ,..,' j . 8 75.00 0 - . I. = . ."" 3_ ~....__iIIII.............._iIIII_ . ....~ ~ ~ 85,00 2 .00 3 === ;= PROPOSED ACCESS AND UllUTY EASEMENT (> = TOTAL AREA .. 4500 SQ FT - - N- .... !!!!!!!!!!!!!!! G~ ISI !!!!!!!!!!!!!!! ~:N :::& .....-- f:i....m gOo. N-m ~....s ~ 0. "U TRACT 5 ~ ~ 43,563 Sq Ft Je. ~. to 'i' <!, 1.0001 Acre. ...ll" t) 2al! ri ~z TRACT 4 :!:'T <.( pill:!! 0:::: 8~"" 0 I--- 3 \ \ \ \ \ \ \ \ \ \ \ \ ~ \ :7; ~-------------~ , \ - r.--- ::E : A. I I 00 I '<t I ~ it N I o \ o I o I o I N I __ I M I o I __ I o - - - - I 137.47 137.47 - - o I 2611"llO'111" 2611'llO'111" ~ in : [S89'SO'19"W] Farmers Canal [SB9"llO'19"W] P- .. I ~ rllW ORe- - - - - - - -:- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- S} I West College Street o o ~ Ce-,TUTENGINEERING AND o 2CJl SURVEYING, INC. 9 . ClYU DIP"'" . stnaotuPal ~...., . .l.ud ~ o 9 UI5 lest lIain street, Suite 1 Bozeman. lIontana 59718 ~ 400) 587-1115' hI: (400) 587-178IHiqineeriJlcOlheclobal.net SCALE: 1 "= 50' #001 29.1 (E1 ) ~ o