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Home My WebLink About04- L & L Partnership; Tr 1 COS 547 - Sewer Pipeline and Access Easement ~ SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT L & L Partnership , the GRANTOR(S), in consideration of one dollar ~nd other good and valuable consideration, receipt of which is acknowledged, grant(s) to City of Bozeman , GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain Sewer pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting Sewer 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: Commencing at the Northeast corner of Tract 1, Certificate of Survey No. 547, as filed with Gallatin County Clerk and Recorders Office, Gallatin County, Montana. Located in Sec. 6, T2S, R6E, M.P.M., Gallatin County Montana. Thence S 00008'54" W, 137.72' along the West R/W of North Rouse Avenue to the point of beginning; Thence S 54002'24" W, 76.53'; Thence S 35057'36" E, 30.00'; Thence N 54002'24" E, 54.64' to the West R/W of North Rouse Avenue; Thence N 00008'54" E, 37.15' Northerly along said R/W to the point of beginning; containing 1,968 SF. 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 GRANTOR(S) 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 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 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 1!~;~J~\J IIIIIIIIII~ 11111 ~m ~II~UIIIIIIIIIIIIIIIIIIIIIIII ~t3~9:~~, Snellev Yanoe.aallatln Co MT ~ISC 30.00 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(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 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. (4) The GRANTOR(S) warrants 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, administrators, personal representatives, successors and assigns of the parties hereto. DATED this ~ day of :J(;yte- ,2001: ~ ~J4 GRANJ9 rP7~ 1 /11111 11111 1111 111111 III IIIUIIIIIIII III 11111 1111 1111 ~n~?:~~, Snel1ev Vanoe-Gallatln Co ~T ~ISC 30.00 2 CORPORATE STATE OF MONTANA ) ) ss. County of Gallatin ) On this ~ day of .:::fUN:.. , 2~, before me the undersigned, a Notary Public for the State of Montana, personally appeared, , , known to me to be the fartn.er of L<iL Paf"~prsl/p 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 '- F/ t.. /'CA.f'14,.e./"S "'diP IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the dayand year first above written. , ' , . '.\lllll'UI/j'~h ., \1. ',," \'I~. it . "I ,\<( \~ '~I';li'Jll.~' """ \',.," ~;.., .jj"f~ L'\" :: "< ,~."'J\)-T " J.... ......... "<.''''''.* :';',: \ , ~" ~ ::~/ ',:' ... t'-", '.~ R Y... ~ :: '1,),"" ......; =. . . .; i \, '\ " .:e . fOr the State of Montana " . /, } 'j" (~......." -..','>'h" -': n' ,\ '.", ~~~"':s. ~ (Printed Namw _ Residing at _~.iYbU\ I illl My Commission Expires ~ 1 I ~/20fi5 Notary Public for the State of 1 120_ " , "". ...:_" .. ' ~J,~ CITY OF BOZEMAN by its Ci ty Manager ACCEPTED: . t.. Q.mmission -t" '". .." "..-1 .f),~- '~" ," '" ~ I."":,,, STAT~fOF~M'6NYANA ) ) ss. County of Gallatin ) On this ~ Dfil, day of -.!JllJ}Jh h...J & be{Qr!l ,{TJll"a Notary Public for the St te of Montana, person~<<y appeared . . ~~~N 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. IIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~?&9:~~ Shellev Vanol-aallatln Co ~T ~ISC 30.00 4 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. (SEAL) Ll~~t f~l,te of Montana (Printed Name) Residing at Bozeman, Monta~", My Commission Expires: Le/~/200~ \ \' I 1111111 fiI """ ~,,\\~ C. G 01'1~ .~ r " "'.r. ~ ~ ^'-" . ' ' '. \)~ ~ ~ ,- . . ,~. .",. .:::- ~ . 'TAg . (' :.;:. _lo : ~O .,/~, '. f'" ~ -"'~ .. ~ *: EAL .*E ~. -4, ..:: -:'<p,S .~s ~ ~'. ,'~S ~ -Tho. . . . ' '~~ #' ""II;" t::~ OF MO '/I.'\\~ ~I "'''111111\\\\\' II11 11111 II~I I~III 11\ 111111111111\ III 11\\1 1111 1111 ~:t~~r:~~" Snelllv Vanoe-aallatln Co ~T ~ISC 30.00_ 5 Q ! tt) .::. 11ft In - WI...... tt) Ol!!: ...... In ~ ..... .... . N 111- N_N <>-- _____ CSl !!!!!!!!!!!!!! CSl =CSl iiiiiiiiiiii ... iiiiiiiiiiii iiiiiiiiiiii - u -w _E iiiiiiiiiiii I- -E _0 ~U iiiiiiiiiiii r: iiiiiiiiiiii = -. ... -... -- =~ ~ _0 =r: !!!!!!!!!!!!!! !: >- . =... iiiiiiiiiiii .. !!!!!!!!!!!!!! .r: _CI> >- co >: >: 0. '" "' ti\ "' ~ " " Q' Q' ~ 'i' -" >- " w >: bI '" ~ lO ~ " " in ill (') U ~ ... C; NW 1/4 COR I 1\ SEC. 6 '" I 'N a, I I :< 0 I S1 _ _ _ _ _ _ _ _ _ _ _ _ ~T_ _ _ _ _ _ _ ~D "!PC L. _~g _ ...,IJ~ Ol ,- 30.00' I I I I I ~I ;';11-< ~II@ 8- '" 1 ~I ~I ~I NW TRACT 1 COS NO. 547 1/4. SEC, 6. T2S, R6E, GALLATIN CO. MT PMM 1\ ... ~ ~M~._" el 'v... ".t:I"' . ~I '()i'J,.~~, /~~ /j%' -:,~//I -~:"-;.f)~/ ./ I ~ 'b~~ ...'" /q,.'i>~W 1 I EXISTING SEWER EASEMENT ~ (14 Mise 370) Y' ,e.... ,//'//~ - "~~...,.."" '\ ............Y'" _.r""" ,..,. ........"... SB9'S9'44'W FND WC - - - - - - - - - - - - - - - - - - - - - - ~ I I NW TRACT 2 cas NO, 547 1/4, SEe. 6. T2S. R6E. GALLATIN CO. MT PMM 30' SANITARY SEWER EASEMENT Copyright @ 2004 HKM Engineering Ine.. All Rights Reserved. ~ -N- ~ 50 0 50 p----"""I - , :scale f~et ( ) EXHIBIT A ~ 04C365.101 I 12/01/04 EASEMENT.OWG