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Home My WebLink About04- Ly, Bihn; Lot 1, Blk 2, Cattail Crk Sub - Sewer and Water Pipeline Access Easement ~ (ilATTED -2'5 1111111 I1111111111111111111111111111111111111111111 ~:t~~f~~~, .; Shelley V~~ce-G.llat~_n ,Cc MT I'I~~~ 30.00 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Binh Ly , the GRANTOR(S), in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) to Citv of Bozeman 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 sewer and water service in, through, and across a strip of land situated in Gallatin County, Montana, twentv to thirtv ( 20'-30' ) feet wide to be located on the following described real property: Lot I, Block 2 of the plat of Cattail Creek Subdivision, phase I The easement is more particularly described on the attached Exhibit(s) 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 ail 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 " 1III1 III/I 11/1111111 1/1111111 11111 1IIIIIIll~,~~~94 SheileY_V~nC~-Gaiiat_ln Cc MT MISC 30.00 11/08/200411:29R 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 ~r ~OO~. ,;/"1",,/,,,,- // 2 IIII~I mllllll~111I11I11I1111I11111I111111I111111 ~:t~~3;~~ Sheliey Vance-Galiatin Cc MT MISC 30.00 STATE OF MONTANA ) ) 55. County of Gallatin ) On this dl...:L day of ~ff#1 ~ ,2 tJl)l(, bef~ me the undersigned, a Notary Public for the State 0 Montana, personally appeared, .tS; n. k. ~ ' known to me to be the person whose name is subscribed to the within instr ment and acknowledged to me that he did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) \\11111,/ \ \ E.T I ,'.....~ EI)'I/ " 0-1"-. ' . . . . ~ /..... ,n.... .(...... " """ 1II ".,- ~;: O~~R'AL'.. ~ - . ~ .- . ic: - ~ *.... c;i~~:'~~ ... . ~ . -.... ... .n'" . A" , /,/' u~ .,. II .. ~ - " //l"'1'/: OF ~o\" 11"11\'\\ ~ W ota~~he State of Montana /l1a Ie (J l't' A r:; I '-t~ J (Print d Na]e) Residing in o+--P/h21- b~-.h'1t J /M1I-H Jr."'L My Commission Expires-JQJ1~~1 If 120 as- .. IIIIIIIIII~ 1111111111111111111111111111111111111111111 ~:t~~:3:~~ .w Sheiley Vance-Gallatin Cc MT MISC 30.00 ACCEPTED: ~A,~ CITY OF BOZEMAN byits City Manager ATTEST:-::, .. . ~y~ Clerkp~'lhe: C;!!yCommission STATE OF MONTANA) ) ss. County of Gallatin ) On this </71 day of aru.J-I..._ ,21J~c.f, bef9reme, a Notary Public for the State of Montana, personall~ ppeared '{!J;ii;; j) ,.4.6L~nd ROBIN L. SULLIVAN, known to me to be the and Clerk of the City Commission for the City of Bozeman and th persons ose 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. 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