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Home My WebLink About00- Cape France, Inc; Baxter Lane - Sewer Pipeline Easement -~"-~'- --- ! vf~ .. "';,YlL )1111 M III ~IIIIIII ~~~~ 1~~: ~ Yano.-Gallatln Co ~T ~ISC 52,00 ........ ~~--'-'_."--'_. SEWER PIPELINE EASEMENT AND AGREEMENT ~ Cape-France Inc., the GRANTOR(S), in consideration of One Dollar ($1.00) and other goods 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 59771-0640, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sewer pipeline with the usual services, connections, accessories and appurtenances for the purpose of transmitting sewage in, through, and across a parcel ofland situated in Gallatin County, Montana, to be located on the following described real property: A tract of land located in Section 2, Township 2 South, Range 5 East, City of Bozeman 3 mile Jurisdictional Limits, Gallatin County, Montana. The centerline being more particularly described in the attached Exhibits" A", and "B", which by this reference is 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 tree 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; " 1llllinllllllllm~llm ~~~1l:~: Shall.y Yano..Gallatin Co ~T "ISC 62,00 (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 watercourses with structures that GRANTEE deems necessary . THE GRANTEE AGREES THAT: (l) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water pipeline, it will repair or replace, at its sole expense, or pay to the 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, itwill 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 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. (3) To lay, construct and maintain said pipeline in such manner as will not hinder or prevent the proper cultivation of the tract to which this right of way is hereby granted. THE GRANTOR(S) AGREES THAT: (l) At no time will they build, construct, erect or maintain any pennanent structure within the 111111111111111111111111111111111111111 1111111111111111 ~~~~1~1~~~A n_ .__.,. boundaries of said easement without the prior written consent of GRANTEE. Sh.ll.y Yano.-Gallat1n Co ~T ~ISC \", 82.00 (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) 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 tenns, 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 2'1#1 day of Jd.t1vo...rv (/ ltJOO ,~. ~ ~ GRANTOR STATE OF MONTANA ) :ss GALLATIN COUNTY ) 'IJ)()D This instrument was acknowledg~ before me on this ~"tl4 . day ~ ";:::1 ~, by ~~r"- , as l1Iet ~~.t of UfI-" \\,\11 t III II \\ /1 ", \t. LEE II{ ~' ~'\"..,. "'~11 {//, ~ ~.' '. .",:':1 ',I '" 'w, ,. ,A'" ~ ~..'~OT ARI-4I.". ~~ = ; SEAL : "" ::: = *. ,'*:::' ~cP,:" SEAL .: ~~ ,..... . ~ ~..... ~ -1';", ..' ~....;;: ........ 'e:...' ,... ~\'\ .... ......../// OF MO'\"\,," /'ltl/ 1\1\\\\ TARY PUBLIC FO HE STATE OF MONTANA Residing at ~Urntll'\ My CommisSiOn expires ~ ~# I~J ~ IIIII ~IWIIIII~II.I ~~:~1:~~, Sh.ll.y Yano..Gallatin Co ~T ~ISC 82.00 ACCEPTED: j--Lr Clark V. Johnson, City Manager STATE OF MONTANA ) ) ss. County of Gallatin ) On this / J' \f1 day of ;1!~ , 2000, before me, a Notary Public for the State of Montana, personally a~peared Clark V. Johnson and Robin L. Sulh van, known to me to be the City Manager and Clerk of Commission, respectively, of 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. ~ WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first aPove written. ~ " . ':" J .::' '" ~,e' \~AL)~ ' . _, :it / .' .~t ",".'~< Notary Public for the State of Montana Residing at Bozeman ,(~ My Commission Expires (; / ". . " - ~."'~,T to IIIIIIII~III ~~~1~~: '---Shall.y Yano.-Gallat.ln Co ~T ~ISC 82.00 . --- --- EXHIBIT "A" A portion of Lot 2 of Certificate of Survey No. 2089, located in the northeast one-quarter of Section 2, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, more particularly described as follows: A 20.00 foot wide utility easement, the centerline of which is more particularly described as follows: Commencing at the Northeast comer of said Section 2, thence South 89044'46" West, along the north line of said Section 2, also being the centerline of Baxter Lane, a distance of 910.27, thence South 00040'59" West, a distance of 50.00 feet to the Southerly Right-of-Way line of Baxter Lane, which is the true Point of Beginning of the said easement. The following two (2) courses along said centerline of easement: (1) Thence South 00040'59" West, a distance of 54.09 feet; (2) Thence South 23051'47" East, a distance of 24.25 feet to the end of said easement. The sidelines of said easement being lengthened or shortened so as to begin on the south right-of- way line of said Baxter Lane and to intersect at all angle points. Said easement contains 1567 square feet, more or less. H:\2605\008-02\docs\EXHIBIT -A. WPD .'~'.'._, \:,~..... .. EXHIBIT "B" Utility Easement across a portion of Lot 2, C.O.S. 2089, Located in the Northeast one-quarter of Section 2, T2S, R5E, P.M.M. . t , GRAPHIC SCALE --!t - ._~ k..- T i (IR_> 1_-1OOft. \ \ \ \ \ \ \ \ \ POINT OF COMMENCEMENT NE CORNER SECTION 2 ,.' ~ Vicinity Mop No Scole JIIJl1 T.1S"R.5E. T,2S.,5E. 2 t SOO"40'59"W 54.09' S23"51'47"E 24.25' BASIS OF BEARING: NORTH LINE SECTION 2 CERTIFICATE OF SURVEY NO. 1827. Catron stream/ditch \ I \ I \ I I I I I I I _N .._~ - - -.. \ H'\2l1Ol1\008-Q2 ....d\..hlblla\EXHIBIT-B.dW; Jan/19/2000 :.~ ~~W-~ CUDm It) ! Q .::. 111- ... _ ID ,,"0: .... 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