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HomeMy WebLinkAbout00- State Street Bank & Trust Utility and Access Easement and Agreement, 2000 ~"iD Iltl 111111" II "1111 1111112016258 I P'll.: 1 of 6' . ., 07/12/2000 11 :29A . ,/ Shelley V.nce-G.ll.Un Co MT MISC 36,00 . UTILITY AND ACCESS EASEMENT AND AGREEMENT State Street Bank and Trust. and U.S. Bancorp, the GRANTORS, in consideration orOne Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant to the Citv of Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59715, GRANTEE, its successors and assigns, a perpetual utility easement to lay, construct and maintain water pipelines 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, ---ElL ( 10 ) feet wide by four (4) feet wide to be located on the following described real property: Tract IV as identified on a Warrantv Deed recorded on Film 86. Page 170, at the Gallatin Countv Clerk and Recorders Office, Gallatin Countv. Montana. 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 construction, operation and maintenance of the pipeline; (3) Grade the land subject to this casement and extend the cuts and fills of this grading into and on the land adjacent to that which is subject to this casement to the extent GRANTEE may find reasonably necessary; and (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. , 1111111111111111 1111112016258 . - " Palle: 2 of 6 07/12/2000 11:29R THE GRANTEE AGREES: Shelley Vance-Gallatin Cc MT MISC 36.00 (1) 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 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 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 backfllling 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. TIlE GRANTORS AGREE: (1) At no time will they build, construct, erect or maintain any permanent structure within the boundaries of said casement without the prior written consent of GRANTEE. (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 ofthc GRANTEE, which consent shall not be unreasonably withheld. (3) The GRAN'I"OR, U.S. Bancorp, warrants that it is lawfully seized and possessed of the real property described above. (5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. The terms, covenants ffild 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. 2 . 1111111111111111 1111 112016258 . I ~ Flag.: 3 of 6 07/12/2000 11 :29A SM.ll.y Vano.-Gallatin Co MT MISe 36.00 L ft1ay DATED this day of ~ ' 2000. fl1JL V &0 01 NTOR - u.s. Bancorp STA TE OF ~NeSoIA- ) ) ss. County of ~ b rtll\J fPtid. ) On this ~ day of _ /V\A Y , 2000, before me the undersigned, a Notary Public lor the State of M I AJAff. ~t?i ~ , personally appeared, CHIM C C/I-/J.t. , known to me to be the Uit5"/IliC MJI1\JA(,&a. of --'y.7. g.4tliCo~P and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf ofiA.. 5. f?lttVC.cR; IN WITNESS WHEREOf, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Ifla Q /!UliJAy TRACY A. P Notary Publ" . for the State of--.-l1~ d)J Notary NIID Residing in J/.;/1Afy2uJtllJ-I'tftf MIMIIcIIa MrCilMllllOl__.II,- My Commission Expires 1- 31 :dOO ~ 3 . -. · 1111111111111111 " II " ~~;~i~~:~~, , Sh.ll.y Vano.-Gallatin Co MT MISC 36,00 DATEDthis)J day of 'MAY ,2000. . and Trust \, ./ STATE OF II" A /';; .1 (~ ul~J()r',' ) ) ss. County of <<-, u ff (}) l< ) On this ~ day of V'f\f>,J ' 2000, before me the undersigned, a Notary Public for the State of Wt4"<;I-\' v. I ,.;PITs , personally appeared, LAi./IlA <,. C A01-eL-j , known to me to be the ~S,.c,'fAr/l l~lto . Prt":-.:ld-e0i,. of S1--.i1o '51r",,:r bA"'!C A",e/if) u<.1 (OMfA~'J and the person whose name IS subscnbed to the wlthm 111strument and acknowledged to me that he executed the within instrument for and on behalf of Y1~1c L.,1NP( 'fw,lIik. n.~Alfi lid (o^,-fJAn'j _ IN WITNESS WI.IEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Dorothy M, Clark Notary Public " \I""C~FAL) My Commission Expires October 27,2006 \.\\'l.\i. '. 1111(/ ~ " \ IJ I,,. 'I ,"Ai, o~. ..... . P '~I'. . , ~ ' ',", '.i~..' 7.>' ..... ,.~:"'.? Notary P. bItc .for the State of lit "'<';,<;H c/oc.t '" (' r <. ' -J.. A.. "".\ ~. /1 . , .... .~,., ., R 'd' . ~ IYI '. ":~~. c::.:- '0 \~:: i eSl mg 111 C VI nfVjJ fl ._ ~i ~ .01 g ~ i ~ f My Commission Expires I j) /~ ) !oCe ., ..,., . r iI " "....". M~ .-; i..~ ,- ,.:c ..~ ......, ~ " . "'/', Cl ..... ..... ;.. . "'"' .'. :' '.4' f't.' ~~ 'II':" . ~. ~""""""",,"""..~..,...', '~.....~":'> ~,,'~ ,,.,fI-. ,> ;.\l' ,; ... ~.l ACCEPTED: _~ ,\ \,.____________ CITY OF BOZEMAN byi~ City Manager ~J~ Clerk of the City Commission STATE OF MONTANA) ) ss. County of Gallatin ) 'f1 On this /9 day of .2000, before me, a Notary Public for the State of Montana, personally ap ed CLARK V, JOHNSON and ROBIN L. SULLIVAN, known to me to be the City Manager Clerk of the City Commission for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same f(lr and on behalf of the City of Bozeman, " )tN~TtJ:ESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and y...~r'jirs't'tt9~wri..tten . 1." ,,/,'.{, ,.~ 'f'.4' ..., · \ ...,' ....,..., '.~ . r':" .:;:. ;...i<<)Ii'. "..' " ,'. ~(~~L). :"" 7: ' ,of l!I. ., , . r ,.. , l.f' .. ..' Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires: ~ j~(l). if . 1111111111111111111111 11I1111I1111111 ~~;~~~~~~~, . - Shelley Vance-Gallatin Cc MT MISC 36,00 I I I LOT 20 BLOCK B '-'( ORIGINAL TOWNSITE ), .......,',:.,"",..".....,",.:-' "",,:> "::"':::'~;16';~":':~~- I , EXISTING SIDEWALK . ,)' /" " .... "....,.;,. ,/',.....' ,/PQINrOF I ~ ' .' '-;'-- BEGINNit':-jG .... ........ ~ - - - - - - ;::::.: - "<::r:: " tJ I EXISTING ~ GAZEBO CJj I 18' I PROPOSED 10' X 4' I UTIUTY iSEMENT 15' APPROXIMATE ~- / RIGHT -OF -WAY LINE t I l' E. BABCOCK ST. EXHIBIT A UTILITY EASEMENT rza CITY OF BOZEMAN SCALE: 1" = 6' EASEMENT AREA ENGINEERING DEPT. NORTH DATE: 3/ZZ./lPtP . " 1111111111111111111I11 ~~~:~~:~~ ' 1- . . ,. , Shelley Vanoe-Gallatin Co MT MISe 36,00 Exhibit 13 Legal Dcscription for Utility Eascmcnt Bcginning at the southwcst corner of Lot 20, Block B, Original Townsite, City of Bozeman, Gallatin County, Montana; thence southcrly along thc east right-of-way linc of South Black A vcnue a distance of 18 feet more or less to the truc point of beginning; thence easterly and parallel to the north right-of-way line of East Babcock Street a distance of 10 feet; thence southerly a distance of 4 feet to a point on said north right-or-way line of East Babcock Street; thence westerly along said right-of-way line a distance of 10 fcct to a point on said cast right-of.. way line of South Black A venue; thence northerly along said cast right-of-way line of South Black A venue a distance of 4 feet to the true point of beginning.