Loading...
HomeMy WebLinkAbout96- McKenzie Water Well and Access Easement and Agreement ~ .. fILM 168PACE3085 WATER WELL AND ACCESS EASEMENT AND AGREEMENT William David McKenzie, of Bozeman, Montana, the GRANTOR, ln 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, 411 East Main, Bozeman, MT 59771-0640, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain a water well with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water in, through, and across a strip of land situated in Gallatin County, Montana, twenty (20) feet wide to be located on the following described real property: All that part of the NW1/4 NE1/4 of Section 7 in Township 2 South of Range 6 East, M.P.M., including within the following metes and bounds, to-wit: Commencing at a point in the North line of said quarter section, 8 rods East of the Northwest corner thereof; thence running East 100 feet; thence South 126 feet; thence West 100 feet; thence North 126 feet, to the place of beginning, the same being a piece of ground situate in the Northeast corner of what is called and commonly known as "Perkins and Stone Addition", to the City of Bozeman, Montana. The easement is more particularly described as follows: Beginning at the Southeast corner of said Tract of land described above; thence West 100 feet; thence North 20 feet; thence East 100 feet; thence South 20 feet to the point of beginning, as shown on the attached Exhibit "A" 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 in order to survey and establish the route and location of the easement and the well and to: '-.. nlH 168 PACf~6 (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the well, 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 well; (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 THE GRANTEE AGREES THAT: (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water well, 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 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 ln 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. 2 filM 168PACfJ087 (3) That, in consideration for GRANTOR granting this easement, the GRANTEE agrees to perform certain work on GRANTOR'S property as described on Exhibit "B" which by this reference is made a part hereof. THE GRANTOR 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 well and appurtanences 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 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 he 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. 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. ,Jt 23 day of -:r4N' <A 4 f"- ( , '7 19 91,> ' \.V ~~,--,~t m9'~~ William David cKenzie, GRANTOR DATED this 3 .' .' sl ;~ :)0 eEl- !i "io h ~ kl ~ rt) ~ u "'l; rt) ~ rt) ~ ~ ~ u ~ E-. '<::t: rt) ~ 4:l ~ 4:l ...;:j ~ ...;:j rt) ~ ~ ~ ~ l::l ~ kl rt) a c... a g: .. fltM 168fAtEJooO - - -~..~ ~ - - - - - -- -~-------_...............-- ___.-___......~- - ----- --~-- - - --_.....I..._-~... - - - __ ---~--~-~~--~Hl I ------"---1 , I ------1 , I ------1 , I ------1 ~ :! ~ :e , , ~ I ------~ :.'5 I (0 cn~: ..... .......-.IC"j I _____~L 9 I{ I ~ ~~ i :;x: . ------............. ~ I ~ : I , ------1 ~ ~ ~ , ------1 N I ------1 ~ I , ------1 I , I ___~__~u~__~__J ~ f-....... ~ ~ V) G C5 Q. I I 1 I I I 1 I 1 1 I I I I 1 nr:- - - ~ -- ~ - - ~ - - ~. - ~ - - ~ - - ~ - - ~ - - ~ - - ~ - -- ,.....,,1 . "I r:11: . "I Ri: ,.....,,1 , "I r:111 , "I ,.....,., H~ ii' ~l . .j Bl . .j n\-- _ _ _ _ _ ~ _ _ ~ _ _ ~ _ _ ~ _ _ ~ _ _ ~ _ _ ~ _ - ~ - - ~ - -- I 1 , 1 I 1 1 ~I7N~1I t7 H:J21I7H:J ,z~ - '7d SN/)f21~d ,- ~ - - ~ - - ~ - - ~-z"l- - ~ - - ~ - - ""T,~,7""/~1~ - -- ~ t'::::'::::::)'::::::1 J ~ o o 3: N I') III ~ ~ ~ ~ I- Z W :::;: I- :;:J tD < w (:> o n: tD , __~__ ~ _ _ ~ _ _ ~__ ~__~ _ _ ~ __~__~_ _..L ___ I 1 i ~I7N~1I17 3517021 ---------------------------- -:~--------------------------------------- ~---- ------- - --- - - --', , I ,l;!:;j '8 VI ti .~vi =~~ I-----------~----- -..------- , I I- l.IJ l.IJ L.&.. o o 0 10 II 0 : 10 .- l.IJ ..J -< U l/l 0 "" en ...... '" w u G: "- o Ul '" w w z 5 z w ~ u fll" 168MCfJ09.1 ... ilV W ." EXHIBIT "B" I am signing this easement based on the representations of the City of Bozcman that once the easement is signed, they will perform certain work on my property as dctailed in thc letters to me dated December 14, 1995 and January 10, 1996. Dated this 2' '3'~ day of January, 1996. \,()~~ ~<J (Y) '1 ~ k 0 William David McKenzie 0'----' 3~~526:] State of Mont, County of GaHatin. IS Flied for r~ord NOVEMBER 25 ,19-2,L at 9: 01 AM., and recorded in Book 168 of MISCELLANEO~gB 3085 SMUt, I. aIRey Recorder. By 6ILU(~/j) 9- Deputy FEE: $42.00 RT: CITY OF BOZEMAN INDEXED PLAnED J ...