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Home My WebLink About04- The Fulmont, LLC; Lot 1A-1, Blk 3, COS H-37-B - Sewer Pipeline and Access Easement '. . SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT The Fulmont, LLC, PO Box 3926, Bozeman, MT 59772-3926, the GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants to the City of Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main, PO Box 1230, Bozeman, Montana 59771-1230, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain an eight inch (8") sewer pipeline with the usual services, connections, accessories and appurtenances for the purpose of transmitting wastewater in, through, and across a strip of land situated in Gallatin County, Montana, twenty-five feet (25') wide, to be located on the following described real property: A public sewer line easement across Lot 1, Block 1, Amended Subdivision Plat Rearrangement of Block 1, Bridger Center Subdivision as Recorded in Book H of Plats, Page 37, as filed with the Gallatin County Clerk and Recorder, located in the southeast quarter of Section 31, Township 1 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, as shown on Exhibit A, and being more particularly described as follows: An easement being a 25.00 foot wide strip of land lying 12.50 feet on both sides of the following described centerline: Commencing at the southeast corner of said Lot 1, thence along the south line of said Lot 1, being the north right-of-way line of Commercial Drive, South 8go15'00" West a distance of 12.50 feet, to the True Point of Beginning of said easement centerline; Thence North 00045'00" West a distance of 154.57 feet, to the south line of that existing utility easement per the Amended Subdivision Plat Rearrangement of Block 1, Bridger Center Subdivision, and the end of said easement centerline. I1III11 mlllDllllllllllllllmllllllllllllll~11111 g,~r:~~ 1....;'L.;.Tr-.;;~~-(] ~-~ , J Sh.ll.y Vano.-Gallatln Co MT MIse 36.00 --- , " , The length of the easement sidelines being adjusted, as required, so as to begin on said south line of Lot 1. Said easement contains 0.09 acres, more or less. 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 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, it will repair or replace, at its sole expense, or pay to GRANTOR 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. IIIIIIIIIIIIIIIIIII~IIII~III~ 11II1111 ~IIIIIIIIIII ~J.~~r~~, Shelley Vanoe-Gallatin Co MT MISC 36.GlGl . (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 GRANTOR 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 GRANTEE's discretion such access is required for operation and maintenance purposes. (4) The GRANTOR 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. 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. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~ III11I1111111111 ~;~~9:~~ Shelley Vance-Gallatin Cc MT MISC 3lUl0 ---- '. . DATED this ::< 6' day of ~~~A'/~, 2003. STATE OF MONTANA ) ) ss. County of Gallatin ) On this 2L day of S/ //L4:?A'L'/, 2 00 3': before me the undersigned, a Notary Public for the State of Montana, personally appeared, ,~L;:J /vL~~/"L , known to me to be the c::7d./A/~~~A"A/&"...d4 .P'd'/&7A/a of ~L-??A'V!/" 7 L L L and the person whose nam is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of ///LAd'-r-.// ~~~ . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the ~,lc:1rf1(j'Y~r.r first above written. ......,'rc. \..E.E S,..q'1l. /..... ~ -\\; . . . . . . . (') 1'.... ..... C, , . ~.... Z ~~iItR/..q.('..~~ W.S-A :;~~. ~ - ,~~ .... ,'" te of M ~<H~lc;T1~ u=.6 6TANDfFO/c'P (Printed Na:J:?n Residing at 7l AM{.UIL My Commission Expires MAnilA. I /it::> 120M.... IIIIIIII~~ IIIIIIIIIII~ III ~1I1111111\1111111I1 ~~;~r::S~, Shelle.,. Vance-Gallatln Cc I'll I'IISC 36.1ll~__ . '. . . ACCEPTED: ...." -"":~" by its Acti ng Ci ty Manager . iT: ~..:; \ ~gc~ C e __ of the"G'ifrAiOJJ1mission .;,., F -- ST ATF:Pf::~tfNT~NA ) ", \\.' ) ss. County of Gallatin ) On this 16th day of March , 2 004 , before me, a Notary Public for the State of Montana, personally appeared Ronald F. Brey and ROBIN L. SULLIVAN, known to me to be the Actinq City Manaqer and Clerk of the City Commission, respectively, 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. Ii ,J --- \ ',. ( - ,," ," '(,.oJ (~EAL~I /,"..-. , , ., :1. , \ , .'>, . .. ~. " . /~ t , '. ' \lk~ i~~ Notary Public for eState f Montana J-tel~V1P_ breVl/IJger (Printed Name) 8- Residing at ?fi)7~ My Commission Expires "3 /25 /20/21. H:\0417\042\DOCS\SURVEY\Sewer pipeline easemenl.doc III~II 111111111111111111111111111 11111111 1111111111111 ~:t1~rr~p Sn.ll.y Vance-GallatIn Cc MT MISC 3lS.111111 , . " S SS5 CO ""'~~......-_....,.~_.....~......._.__......_~~..._-~......_-~~......_~=........_._-~- ,-.--.... - - -- - ,- -... .,-'-'- \ 12.5' 12.5' EXISTING 30' UTILITY EASEMENT PER AMENDED SUBDIVSION PLAT REARRANGEMENT OF BLOCK 1, BRIDGER CENTER SUBDIVISION :z: 0 Iq pC}. T \ ../::>0. U1 LOT 2 1 DIVISiON LOCr< 1, pLAT 0 BLOC~DED SU~NT OF' ~DIVISION 0 \ LOT ~r< 1 UBDIVISI?N BLOCr< :1E AM;RRANGE~NTER SU B~~E~~~~G~M~~~T~R --" RiRIDGER C U1 \ pEA plDGER ../::>0. 1, ~DIVISION U1 D.. SlJ ......,J CO : In .. mU>s \ -.... I tt) 0 61 'ltU>~ ual .... . - EXISTING 30' UTILITY 25.0' .- N-(') D..G EASEMENT iiiiiiiiiiiiiii 61 PER PLAT OF BRIDGER !!!!!!!!!!!!!!! 61 =U> \ CENTER SUBDIVISION iiiiiiiiiiiiiii (') !!!!!!!!!!!!!!! iiiiiiiiiiiiiii - =u -<I) -... ==:11: =1- \ =:11: - _0 -u ~ SS9"lS'OO"W iiiiiiiiiiiiiii I: -- -- -. -.... -.... P.G.B. iiiiiiiiiiiiiii . 12.50' =0 _I -. _0 =1: TRACT2jd -. -> COMMERCIAL DRIVE iiiiiiiiiiiiiii :>- -. cos =.... iiiiiiiiiiii .. (60 ' R/W) !!!!!!!!!!!!!!! L _<I) - ~"- "N"" ~MORRISON ""''''''' "'...... EXHIBIT 'A' "'''''''''' GRAPHIC SCALE MAIERLE,INc. I'lMNEIO> SEWER LINE ~tllM1!o 30 0 15 30 Aft..ht.~~CMn.~ ~ I I PO Ib: 1113,.101 T~'" ~ Iff. sm, . "** (a) S87-0721 Fax: (40&) >>J'-Hn EASEMENT CLIENT: CllY OF BOZEMAN ( IN FEET ) DA TE' 06/05/03 PLOTTED DATE: Sep/05/2003 - 11 :43:09 am FIELD WORK: DRAWING NAME: 1 inch = 30 ft. DRAWN BY: KW SCALE: 1";30' H:\041 7\042\ACAD\EXHIBITS\EASE -SEWER- N .dwg CHECKED BY: aif PROJ :0417.042 SHEET -...1- OF 1