HomeMy WebLinkAbout93- Kristensen Storm Drainage Detention Pond Outlet Ditch Channel Access Easement and Agreement
The centerline of said easement lies 1Q-feet equidistant from
the outside edge on each side of said easement as shown on
attached Exhibit "A" which by this reference is bound to and
made a part hereof.
...
FttM 151 PACE 240
STORM DRAINAGE DETENTION POND OUTLET DITCH CHANNEL ACCESS
EASEMENT AND AGREEMENT
AnitQ Kristpn~pn of Bozeman, Montana, and E. Donalene
O'Neill of Livingston, Montana, GRANTORS, in
consideration of receiving $1.00 and for other valuable
consideration, receipt of which is acknowledged, grant to the City
of Bozeman, a Municipal Corporation of the State of Montana, with
off ices at 411 East Main Street, Bozeman, Montana 59771-0640,
GRANTEE, its successors and assigns, a perpetual easement to
excavate, construct and maintain a storm drain outlet ditch, for
the purpose of transmitting release and overflow runoff water from
the Westgate Subdivision Detention Basin 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:
A 20-foot wide permanent outlet channel easement across a
portion of the northerly end of the Grantors property.
Located in the southeast one-quarter of the northwest one-
quarter of Section 11, Township 2 South, Range 5 East, PMM,
Gallatin County, Hontana, on file and recorded with the
Gallatin County Clerk and Recorder.
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 GRANTORS in order to survey
and establish the route and location of the easement and the
pipeline and to:
(1) Construct, operate, patrol, repair, cleave, remove, enlarge,
replace, and maintain the ditch;
(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 ditch;
(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 ditch across ravines and water courses which
GRANTEE deems necessary.
( 4 )
The GRANTEE may peaceably hold and enjoy the rights
pri vileges herein granted without any interruption by
GRANTORS.
and
the
The GRANTEE agrees that:
fltM 151fAtf 241
(1) That, in connection with the construction, operating,
patrolling, repairing, substituting, removing, enlarging,
replacing, and maintaining of said ditch outlet channel, it
will repair or replace, at its sole expense, or pay to
GRANTORS 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 ditch channel area to a depth of one
foot, or to the full depth of the topsoil, whichever is less,
and stockpile said topsoil for replacement over the banks of
the ditch. 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 excavation 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 ditch and the ditch
banks will constitute the only landscape change.
(3) To excavate, construct and maintain said ditch 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 GRANTORS agree 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 the GRANTEE.
(2) At no time will they modify the finished grade of the land
over the pipeline by removal of existing sailor by placement
of fill material wi thin the boundaries of said easement
without the prior written consent of the GRANTEE.
(3) The GRANTORS 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.
filM 151 fACE 242
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.
DATED this 17 '0-. day of November, 1993.
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,
Anita Kristensen
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E. Donalene O'Neill
STATE OF MONTANA
5S
County of Gallatin )
On this l'7ft day of November, 1994, before me, a Notary
Public in and for the State of Montana, personally appeared
Anita KristenRp.n and F. OnnAlpnp n'Neill
known to me to be the persons whose name is subscribed to this
instrument and acknowledged to me that they executed the same.
In witness whereof, I have hereunto set my hand
offici 1 seal the day and year first above written.
Notary Pub'c 0 tate of Montana
Residing Bozeman
My Commission Expires: f;F1311 t:(tf
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ACCEPTED BY THE CITY OF BOZEMAN:
G-
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Wysocki,
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ATTEST:
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Robin L. Sullivan
Clerk of the Commission
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DETAIL "A"
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DE1'EN1'lON POND Otrl.ET ctUNNFJ", EASEMEN"I' r.xmBtT
!l DI:lN · ~ D;t-ml:.'I/l'\~ A ES'l'ATE OF JAMES E. lfHBELER PROPER'I'Y -A-
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300533 -- ,J THIS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON
THE 27th DAY OF January , A=;D;, 19 95
OFFICE OF COUNTY RECORDER)
COUNTY OF GALLATIN ) AT 8:18 A.lVI., AND WAS DULY RECORDED IN BOOK 151
STATE OF MONTANA ) OF MISCELLANEOUS RECORDS, PAGE 240
Fee $ 30.00 At"" I. ern..,y RECORDER. BY {)()JJ{)AoJ ('72e-/ldf'.//f// DEPUTY
Rt: City of Bozeman ~
PO Box 640
Bozeman MT 5977l-0640