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Home My WebLink About05- Lovgren, Greg & Stafford, Ronald; Lot 5, Stoneridge PUD - Sewer & Water Pipeline and Access Easement . ... , [PL~TTi~~ / ~ ! SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT UJ .:.:. NfOS _fO It) 0: Greg Lovgren and Ronald Stafford, the GRANTORS, in consideration of one dollar ($1) ca""'~ ..('0 ..... . ('0 and other good and valuable consideration, receipt of which is acknowledged, grant to Ia- N..... Q.S -s the City of Bozeman, a Municipal Corporation of the State of Montana, with offices at -s -fO ~.., 411 East Main, Bozeman, Montana, 59715, GRANTEE, its successors and assigns, a ~ ~ - perpetual easement to lay, construct and maintain sewer and water pipelines with the ==M _E usual services, valves, connections, accessories and appurtenances for the purpose of ==~ ==0 transmitting sewer and water in, through, and across a strip of land situated in Gallatin _0 _c _... ===-- County, Montana, thirty (30) feet wide to be located on the following described real -- -- -. property: Lot 5 of Stoneridae P.U.D. Subdivision. Phase 2A. situated in the SE1/4. =<l> -' -- _0 =c Section 2. T2S. R5E. P.M.M.. City of Bozeman. Gallatin County. Montana -. -> --- ,. -. The easement is more particularly described on the attached Exhibit A =- ---. L. _10 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 necessary; and (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. " '. THE GRANTEE AGREES: 1111111111111111111111111111111111111111111111111111111 ~~t~~~:~~p Shllley Vance-Gallatin Cc MT MISC 36,00 .... -- (1 ) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said 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 AGREE: (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 sailor 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 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 2 . claims of all persons. 1111111111111111111111111111111111111111111111111111111 ~~t~~~:~~p Sh.ll.y Vance-Gallatin Cc MT MISC 38.00 (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. DATED this ~y of ,riM. ,2005. l /~~t/~ RONALD STAFFORD STATE OF MONTANA ) ) ss. County of Gallatin ) On this ~ay of i , 2005, before me the undersigned, a Notary Public for t tate of Montana, personally appeared Greg Lovgren, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day ~nd ar above written. \\\;'1/111 "" .). SC'r/:)'11 , \"- . . . . '. JY.......... ... ~. . ~'" 2~:~~~'.1):, :: : .( -. f/J ... (Printed Name) ~~.SEAL .:*~ '" ~' Residing at ;-?,". . ~ ..... . . :.. My Commission Expires /_/20 '/~'J' OF MO "..., - 111,..",\ Kara J, Scyphers ~ot~ry Public for the State of Montana 3 es/dlng a~ B~zeman, Montana My Commission Expires OctOber 18, 2005 . . " . STATE OF MONTANA ) Ilm~ III~IIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~~~3!:~~ ) ss. County of Gallatin ) Sn.lley Vanc.~Gallatin Co MT MIse 38.00 ......-- - On this ...!:t.. day of _U;\? . , 2005, before me the undersigned, a Notary Public for the State of Montana, personally appeared Ronald Stafford, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year ab e written. \\\111'// \\ se I, ,\~.\. Yj)"" Kara J, SCY~hers (SE~""" "7;~ ... <' . ~OTARI..., . '1) ... Notary Pub ic for the State of Montana = . em- (Printed Name) Hesldlng at Bozeman. Montana _ * Ii ......_ .. = Residing at My Commission Expires October 18, 2005 ;;. SEAL :'*2 ,... .." My Commission Expires /_/20 ~~~ . ~"("... - ; ..~~ ,'" "'/II~ "", '//111\\" 4 . " . + ACCEPTED: (~tt-~ CITY OF BOZEMAN by its City Manaoer of the :Q:ity Commission .- ....' STATE OF MONTANA ) ) ss. County of Gallatin ) On this tf/VJ day of AI) n'L ,2005, before me, a Notary Public I , for the State of Montana, personally appeared CHRIS KUKULSKI 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. JLu; P M P - ~11A1J~ - Notary Public for teState 0 ontana ~'~l"'\ )J;f./{ J ~ h {{J A/l/'YJcy~' .", ~ \... . . . . ... " (SEAL) . ~:~/.,~\",\. ~,.\~ (Printed Name) Residing at Bozeman, Montana -" ,::5 '\~ :~-: My Commission Expires~!/ Z5120Q!/- ~ ~. . .y..., ~,-:-- ::. 0.......) .: ~,' ;, ~ ;',,;/' ,: ~ ~::.. '~~j ..... ~~ .,r:"::V .~ .~; -',.. " ~. I IIUI 11111 11111 1111111 III 111111 11I11I 1111111111111111 ~t~f:~~, Snelley Vance-Gallatin ec MT MISe 38.00 5 , EXHIBIT A SHOWING A 30'-W1DE WATER AND SEWER LINE EASEMENT ACROSS A PORTION OF LOT 5, STONERIDGE P.U.D. SUBDIVISION PHASE 2A SITUATED IN THE SE1/4 SECTION 2, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLA TIN COUNTY, MONTANA LINE TABLE CURVE DELTA LINE BEARING DISTANCE C1 10'03'47" L1 N6S'2S'OS"E 35.76 L2 S84'37'22"W 12.52 L3 S6S'25'OS"W 24.71 L4 NOS'SS'39"W 29.20 L5 N16'36'34"W 1.90 \ \ \ \ \ ~ \ LOT 2 0 \ STONERIDGE \ ..-z.. MINOR SUB. NO. 286 ~ \ \ LOT 5 'd STONERIDGE P.U.D. \ C"1 \ SUBDIVISION PHASE 2A m \ \ 'd ~ \ . ./"'" \ ./"'" \ ./"'" ./"'" ,/"" ./"'" ./"'" I I 40' EXISTING PRIVATE ACCESS AND ./"'" 30' WA TE AND I I PUBLIC UTILITY EASEMENT / SEWER MAIN ASEMENT I / TRACT 8 OF THE AMENDED I LOT 1 MINOR SUB. NO 286 SUBDIVISION PLA T OF LOTS 1 I &- 2, BLOCK 13 OF ANNIE / SUBDIVISION PHASE " AND TRACT 1 OF C.O.S. NO. 1240C / GASTON ENGINEERING & SURVEYING PROJECT: 03~582 PAGE: 1 OF 1 P.O. BOX 861 DRAWING: 03-582 EASEMENT EXBT DA TE: 10/25/04 BOZEMAN, MT 59771 406 586-0588 TAB: 8.511 1111111111111111111111111111111111111111111111111111111 ~~t~~~:~~p SnelllY Vanoe-Gallatin Cc MT MIse 36,00