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Home My WebLink About85- Zimmer Storm Drain Pipeline Easement and Agreement Rt: City $-0- of Bozeman JjINDEXED I. 11 1..,...-,0.,...... l"LArffD.I J I 'l..tl f ~J~_.h.j State of Mont., County of G'a1latint! lr'Filed for recol'ld April 5 at 2: 00 P M" and recorc;ed in BoOk 87 of MISCELLANEOUS ~ W. (i''Iin<I!< Recorder.' By < ",)hdJ.~ M. (lfI,; STORM DRAIN PIPELINE EASEMENT AND A REEMENT FIU'l 87 PWE 953 ,1985 P8le2.2) Depuh . SARAH ZI~MER, a married woman of 229 Donegal Drive, Bozeman, Montana 59715, and MIDORA B. COX, a widow of 4l6~ West Mendenhall, Bozeman, Montana 59715, GRANTORS, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is acknowledged, grant 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 storm drain pipeline with the usual accessories and appurtenances for the purpose of transmitting storm drainage in, through, and across a strip of land situated in Gallatin County, Montana, twenty feet (20') wide to be located on the following described real property: A parcel of ground in the SW~, Section 8, Township 2 South, Range 6 East, P.M.M., as appears on the attached Exhibit B, which by this reference is made a part hereof. The easement is more particularly described on the attached Exhibits A and B, 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 GRANTORS 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 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 con- struction, operation and maintenance of the pipeline; FILM 87 PAGE 954 -2- (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 that: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing and maintaining of said storm drain pipeline, 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 top soil from the trenched area to a depth of one foot, or to the full depth of the top soil, whichever is less, and stock. pile said top soil for replacement over the trench. Tt will remove from the site any large rocks or surp;lus 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 condi tioD as existed prior to the beginning of operations except that the surface of back.filled areas may be mounded sufficiently to prevent the formatlon of depressions after final settle- ment 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 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 GRANTEE. -3- flU~ 87 PAGE 955 (2) 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. (3) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. 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 18th day of March , 1985. ,iT I ,~ i ,..-_/ / ..-"J<V [:t>,tc'.- ..' \ . SARAH ZIMMER .' 2.. . )'i- /~;z.l., /?--u:!L ,.,/ /~lA'//frYA-- /J MfDQRA B. cox ~7 f~ On this 18th day of March , 1985, before me, a Notary Public for the State of Montana, personally appeared SARAH ZIMMER and MIDORA B. COX, known to me to be the persons whos_~ names are subscribed to the within instrument, and ,ag:[cnp\:t1~dged to me tha tthey executed the same. . .., 'AI..." \ /' 7 .,;-\. ,. . , ". ./r/.- "'.. '." , /J'"\ ( ",-' '\ ... , '" , ", r0 ~_ ~---'(,'~. , ......... >,' 1 I' 7 '.. '.-0""'1'# '. ," % Notary Public i Montana Residing at Bozeman, Montana My commission Expires 4-30-85 J~,~ for the State at -,~ ,~, ~, ".. .'___: J -' , 't,.. "Itol- , - . "I . ,.J/ ..'I" .~ .. -... \ '.. ~ T' ...... ..... ~' .' ~ ,~..... ~...." .~. THE C I'TY OF BO ZEMAN ~').\'\. ~.. I BY : . L , \)J ~ Its CJ.:ty Manager ~ . ATTEST: b?J: / ~ Clerk of the Commisslon -4- fiLM 87 PAGE 956 STATE OF MONTANA SSe County of Gallatin On the 1st day of April, 1985, before me, a Notary Public for the State of Montana, personally appeared James E. Wysocki and Robin L. Sullivan, known to me to be the City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written. ~ ! 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(l.~.."-f.JL't) Notary Public for State of Montana Residing at Bozeman, Montana My Commission expires April 30, 1985 FilM 87 P~GE 957 EXHIBIT A STORM DRAIN EASEMENT DESCRIPTION A tract of land being a portion of vacated Switzler Avenue and East Babcock Street, Lots 17 and 18, Block 24, Northern Pacific Addition to Bozeman, Montana~ more particularly described as follows: Beginning at the intersection of the southwesterly right-of- way limit of East Main Street and the northwesterly right- of-way limit of switzler Avenue~ thence northwesterly, 90 feet along the southwesterly right-of-way limit of said East Main Street~ thence southwesterly at right angles to said right-of- way limit of East Main street, 20 feet~ thence southeasterly along a line 20 feet southwesterly of and parallel with said right-of-way limit of East Main Street to the northwesterly right-of-way limit of Switzler Avenue~ thence northeasterly along the northwesterly right-of-way limit of said Switzler Avenue to the point of beginning. f<} N .... 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