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Home My WebLink About00- Derham, Dennis J & Christine & Howard, Harry S III & Susan; Research Drive - Sewer & Water Pipeline and Access Easement ~ ~ ....~'_'~....... :II vf'..~11, ,'0-\ t\.......'''' ~~*""~....t... .llllnl.~.llllglllglll.1 ~~;~~1~~~, Sh.ll.y Yanc.~4.11atln Co ~T ~ISC 55,00 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Dennis J. Derham, of Yellowstone Center, LLC, Christine Derham, of Yellowstone Center, LLC, Harry S. Howard III, of Yellowstone Center, LLC, Susan Howard, of Yellowstone Center, LLC, the GRANTOR(S), 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, Bozeman, MT 59715, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain (sewer) and (water) pipelines with the usual services, valves, cOlmections, accessories and appurtenances for the purpose of transmitting water in, through, and across a strip of land situated in Gallatin County, Montana, 25 feet wide to be located on the following described real property: Lot 5, Block 3, Advanced Technology Park Subdivision, Phase 3A, located in the northeast one-quarter of Section 14, T25, R5E, P.M.M., Gallatin County, MT. 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 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: (I) 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: (I) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water 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 ~ Ilm~ II ~I 1m 111~n 1m I~ III ~IIIIII ~~:~ 1:~: Sh.ll.y Y.no.-G.l1atln Co ~T ~ISC 515.00 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 GRANTOR(S) AGREES 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 w~thout 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) 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 of this easement and agreement s~all extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. ,2000. ,2000, DATED this R day Of~. 2000. DATED this \ z.- day 0 )1. (ltw~14 - C2JLu...: G.ff!rrOIt- GRANTOR :J"l-: ---- DATED this Ja. day of \ ,2000. ~c GRANTOR 2 !(' .':.. . '7, ';~1~'f}:;,> CORPORATE Illml~lllllln~lllllmllllll. ~~~~:1~~~, or \,Sh.ll.y Yano..Gallatln Co ~T ~ISC 55.00 STATE OF MONTANA ) ) ss. County of Gallatin ) On this ~day of ~~ ' 2000, before me the undersigned, a Notary Public for the State of Montana, rso ly appeared, Dennis J. Derham, known to me to be a Managing Member of The Yellowstone Center, LLC and the person whose name is subscribed to the within :trument and aCknO~I~d to me that he executed the within instrument for and on behalf of 0, ~Q.Q1~1 ~ Q ']A.." lLC.. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the ,,\,,"~l"'~ and year first above written. \\". ~ \'\ l.A - /, :"" " ,i'~'~ ..,1.."."",,(,,#, ~'~".""'..o . ,....., ~;,t'~ $ (), .... ".4"'1' -;. . 2y,i./;,. ,,'l~(t:.,~~AL) :: ,~;;'f~~"r';li1..; ~ "~:'~~~tt' v7-:~] ,..." ) ~.. '.~\~t, : 1i-~\. :~~ "#,. .I-ta'-tt......r< I\. ..... I;J,,~ ," /'; I~'t. \,~, ,\'.;'it'l. "~4'.tf~':.,t'~\. ;~1. c~ I;.J~ Notary bhc for the State of Montana Residing in Bozeman, Montanj ) My Commission Expires g-- J 06 . STATE OF MONTANA ) ) ss. County of Gallatin ) On this llL..t!1 day of , 2000, before me the undersigned, a Notary Public for the State of Montana, rson y appeared, Christine Derham, known to me to be a Managing Member of The Yellow tone Center, LLC and the person whose name is subscribed to the within. strument and acknowle ged to me that he executed the within instrument for and on behalf of. LLc.. . IN WI ESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. \\\,."'..... ........'......, \"..-( 'r\ I A /.. I.,. ....Ii...\. , .......,"'1" "" ('-'OAL) /' .J... '-.... 1 A II /...~+ '~~ j (J ......0 ",( \M'~{, :! t '5 ," '"'..\\:\l':i ': ..," ~" "'"-,"'~,, ',.. . - .' '.!, ' ,.,1 ,',~' ~ 'I" :. : "."',, " , ' ,':~,: ~'i: l -;. .. ''\':. '- i:",' . '" , , '';,' " ' , ' ~ ./II' ',' ,,";"',..::!~'~<k :".,:~.,,'....,1~,::',:,' ",.~. S"': ,:, \~ '~~~:V;'i;~.Y.>",:, l'l> "'.... .",IIi-.~.....,., ' ."""",0 '., ,',' 0 ~JT ~\\ t,.. ..., " ""..~,f.,,,.~'.Y;PATE OF MONTANA ~UJ~ Not ,lic for the State of Montana Residing in Bozeman, Montan, J My Commission Expires 8' I Oil County of Gallatin ) ) ss. ) On this ~day of ,2000, before me the undersigned, a Notary Public for the State of Montana, rson ly appeared, Harry S. Howard III, known to me to be a Managing Member of The Yel owstone Center, LLC and the person whose name is subscribed to the within ~~trument an~d CknO~ledged to me that he executed the within instrument for and onbehalfof~f.I {~t~ _~ lLC. o I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. .,.' , ,.p,'J.'.....t.. (.~,.,. V. \ A~"I. "'.....'\ ....... 'J,~, ) ~ .....' II" 10.:, :~, :"', ~ · ~ ",\" It! ", ~" .',. i ..... ..', C) ".',',',.,..., ~\Jt. \~ . ,. . ,",.., -..-f.." \""i:.~~ .' -. '''-'.' '~",., ..'~r"1;~""i';.,:" ",,'Ij.}" ~,,\,,-. ;;f,_: ,c, ~/'.i"i":~'i~;l' ,',. -i - , , .. "5' ".,. j' · .,)i;",., '. , " =A. "':":":")';'"/(;' .,JIII .:~~.', . ..,~" ~\,,: #' / r ',:, , " ., ".,', ,,", ' ,',0 ~ - -~',. .,-. J'!~" .""~l.tJ'fi\l/, , \,'~!~i!S' :,.l\.~l,yll, ., , " "'.'. ~f(':"""A .,.........' .J,l . $. ~'I.~'i'''NT,~ \\"'.,\,,,\ ~~. . ""., ,~ .,t;(,f~,,,,,,,,,, ,to" Notary Pub c for the State of Montana Residing in Bozeman, Montani J My Commission Expires g I 00 I 3 "',I.,.~,~,,~'~l1"','."""'" '.' , . . STATE OF MONTANA 1111~.mllll~III~1 ~~:.1:1~~~, ) ) ss. County of Gallatin ) On this .1...ltlh day of ~~_ ,2000, before me the undersigned, a Notary Public for the State of Montana~ly appeared, Susan Howard, known to me to be a Managing Member of The Yellowstone Center, LLC and the person whose name is subscribed to the within instrume~t and ~cknoA"ledged to me that he executed the within instrument for and on behalfOf~L{~~lWivIl.Lc.. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. \.... Sh.ll.y Yano..Gallat1n Co ~T ~ISC ISIS ,00 ~ W,Qlv] Notary ublic for the State of Montana Residing in Bozeman, Montana I It My Commission Expires 3' J () 0 , ~" \ ~\ CITY OF BOZEMAN by its City MAnAOI'!T' ) ) ss. County of Gallatin ) On this 7'1' day of ~ L , 2000, before me, a Notary Public for the State of Montana, personally ap~ARK V. JOHNSON and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the City Commission for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they exc9uted the same for and on behalf of the City of Bozeman. .,/r'i.-.,'," , ;\,i.). IN "'111~{~ ',.' "" ~,;, ,'" ; ".,',:,"'."f,.. ~ ':' ", J: "r>/h. " C1,I,\ ~ '. ~ .".,,' ~~~::~:. ',. 'l" r \ .;:. ,,' <P'"i ", " ,I ~ " .. <I:,~i('::.'\',' "... -\-, .' v;';;f~i Ii:,',. "-') fJi IL,I:' "'.", ". .,rJ,>~:~4~,'i;':~<":'., ,$ WHEREOF, I have hereunto set my hand and affixed my Notarial Seal ~'..II"' '::above written. ~ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires: ~ '/.,F'~} 4 '.,T.'"I:' ~ , " "'....,.:J 4 .. IIIIIIIIIIIIIUIUIIII ~;~~~l:~: Ihal1.v Yano..Gallat1n Co ~T ~ISC 55.00 '- LEGAL DESCRIPTION A WATER MAIN EASEMENT, BEING 2& FEET WIDE OVER THAT FORTION OF LOT S, BLOCK ;" ADvANCED TECHNOLOGY PAF:'.l<. SUBDIVISION, PHASE 3A, LOCATED IN THE NORTHEAST ONE-QUARTER'OF SECTION 14, TOlLNSHIF 2 SOUTH, RANGE; EAST, PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTy. MONTANA, THE CENTERLINE OF WHICH 15 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY MOST CORNER OF SAID LOT ;, SAID POINT BEING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY OF TECHNOLOGY eLVP. AND THE WESTERLY RIGrHT-OF-WAY OF RESEARCH DRIve, THENCES 41&'25>'00" E ON SAID WESTERL Y RIGHT-OF-WAY OF RESEARCH DRIVE A DISTANCE OF 1&8.0; FEET TO THE TRUE POINT OF eEG INN ING. THENCE 5 43'35>'00" W, 112.2s t=EET, THENCE S 88'35>'00" W. 30.1&8 t=EET, THENCE S 4;"OS'IS" W, 11.84 FEET, THENCE S 00'OS'24" W, 223.00 FEET TO A POINT ON THE SOUTHERLY PROPERTY LINE OF 5AID LOT ;, SAID POINT I3EING THE TERMINUS OF 5AID CENTERLINE, THE SIDE LINES OF SAID 25> FOOT EASEMENT TO I3E EXTENDED OR SHORTENED TO MEET AT ANGLE POINTS AND TO BEGIN AND TERMINATE AT SAID INITIAL AND FINAL PROPERTY LINES. EASEMENT AREA: 12,444 FT.2 (0.28~ ACRES) i<'I '"1 ~ W ~ ~,. 8 8 ~~-( ~.". ~ z ~Z;!:,~~ ~ 0 (\ t~ f:i: {.J' 3 ~ ~,j\~ ~ . CJl ~=- ~ .l ~?" ~~ ~ -D' N -8 ~ d'> N e~' ;0' 41" W 33 f)O SCALE: I" II 100' . DATE STENSRUD &t ASSOCIATES (}IJ/O'b/(}() BOZEMAN MONTANA EXHIBIT F16. A WAT