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Return to: City of Missoula 435 Ryman Missoula, MT 59802 PUBLIC SA ITARY SEWER EASEME T Parcel No. 220015105010000 THIS CONVEYANCE made this day of 2009 by and between City of Missoula Parks and Recreation Department, Grantor(s), referred to as "Owner” and the City of Missoula, Montana, a municipal corporation, organized and existing under and by virtue of the laws of the State of Montana, Grantee. WITNESSETH: That the Owner, for and in consideration of the sum of One Dollar ($1.00) to him/her in hand paid by the City of Missoula, receipt of which is hereby acknowledged. The Owner hereby grants, conveys and warrants to the City of Missoula, its successors and assigns, a permanent easement and right-of-way across real property, for the purpose of constructing, maintaining, altering, reconstructing and/or removing a sanitary sewer main, sewer service stubs and appurtenances shown on the attached diagram on a strip of land over, under and across a portion of the following described real property, to-wit: Hamilton Park as depicted on Highland Heights, Second Supplement, a subdivision recorded in Missoula County, Montana, located in the E ¼ of Section 15, Township 13 , Range 19W, P.M.M. Said easement across said portion being more particularly described as follows: Beginning at the northwest corner of Lot 8, Block 4 of Highland Heights, Second Supplement, a subdivision recorded in Missoula County, Montana (Book 5 Plats, Page 19); Thence S 3o18’ W along the line common to said Lot 8 and Hamilton Park, a distance of 131.5 feet to a point on a line common to said Lot 8 and Lot 3, Block 4 of Highland Heights, First Supplement, a subdivision recorded in Missoula County, Montana (Book 4 Plats, Page 61); Thence 61o13’W along the northern boundaries of Lot 3, Lot 4, and Lot 5, Block 4 of said Highland Heights, First Supplement a distance of 141.9 feet to the northernmost corner of said Lot 5, Block 4 of said Highland Heights, First Supplement; Thence leaving northern boundary of said Lot 5, 28o47’ E a distance of 30.0 feet; Thence S61o13’ E a distance of 94.4 feet; Thence 3o18’ E a distance of 143.9 feet; Thence S86o42’ E a distance of 30.0 feet to the southwest corner of Lot 1, Block 5 of said Highland Heights, Second Supplement, said corner lying on the right-of-way of Village Place; Thence 64.4 feet along a non-tangent curve with a radius of 50.0 feet, chord direction of S 3o18’ W and chord length of 60.0 feet to the Point of Beginning, as shown on Exhibit attached hereto. This conveyance shall be subject to the conditions that the City of Missoula shall have the right to make only such a use of this real property and excavation on this real property as is reasonably necessary for the ---PAGE BREAK--- laying of the sanitary sewer main and sewer service stubs to the property line and the surface of the ground shall be restored as close as reasonably possible to its original condition by the City of Missoula as as possible after the sanitary sewer line is laid, and the City of Missoula shall be solely responsible for paying of the costs of such work, and provided, however, that the City of Missoula shall have the right at all future times to enter upon the said premises for the purposes necessary to maintain and repair, replace, enlarge, place additional lines or remove said sanitary sewer main and appurtenances at the expense of the City of Missoula. The Owner agrees not to build any kind of a permanent structure that will prevent access to the easement for maintenance purposes. Binding Effect. This grant of Easement, which shall be recorded at the Missoula County Clerk and Recorder’s Office, is binding upon the heirs, executors, personal representatives, assigns and successors of the parties hereto and shall run with the land. IN WITNESS WHEREOF, the Owner has hereunto set his/her hand and seal this day of 2009. Owner Owner STATE of MONTANA ) ) ss. County of Missoula ) ON this day of 20 before me, the undersigned, a Notary Public for the State of Montana, personally appeared known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day and year in this certificate first above written. Printed Notary Name: Notary Public for the State of Montana. Residing (SEAL) My Commission Expires: MM/DD/YYYY ACCEPTANCE ATTEST: APPROVED: Martha L. Rehbein, City Clerk John Engen, Mayor (SEAL) ---PAGE BREAK---