HomeMy WebLinkAbout95- Beck Sanitary Sewer and Water Pipleine Easement and agreement
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f ll. M 17~} rl~,~t 835
SANITARY SLWH, AND WA I'FR PIPITINI.: AND ACCLSS LASLMI':N'I A(iRI:LMI'NI
Monte D Bed; or 1700 West Koch, Bozeman, MT 59715, the GRANTOR( S). in
consideratIOn of One Dollar ($100) and other good and valuable consideration, receipt of whIch
is acknowledged, grant( s) to the City of BOleman, a municipal corporation of the State of
Montana, 41\ Last Mam, Bozeman, MT 59771-0640, the (JRANTE[~, its successors and
assigns, a perpetual casement to lay, construct and maintain sanitary sewer and water pipelines
with the usual serVices, valves, connections, accessories and appurtenances for the purpose of
transmitting city sewage and water 111, through, and across a strip of land situated in Clallatin
County, Montana, thirty (30) feet "vide to be located on the j()llowing described real property
Lot 1:2, BRIDGER CREEK SUBDIVISION, PI lASE L
according to the plat thereof, on file and of record in
the office of the Clerk and Recorder, Gallatin County,
Montana, and located in the Scc, 31, T. 1 S, R. 6 E., P,M.M.,
and containing 356 acres,
The J-':asement is more particularly described on the attached Easement "Exhibit A" which by
this reference are Inade a part hereof. This grant includes the right of the GRANTEE, its
successors, permittet:s, licensees, and assigns and its and tht:ir 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(S) in order to survey and
establish the route and location of the easement and the pipeline and to:
( I ) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and
mamtain the pipeline, services, connections, accessories and appurtenances:
(2 ) Trim, remove, destroy, or otherwise control any trees and brush inside or outside
the boundant:s of the casement which may, in the opinion of the CiRANTE[:,
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 east:ment and extend the cuts and fills orthis
grading into and on the land adjacent to that which is subject to this casement to
the extent (JRANTF]~ may' find reasonably necessary; and
(4 ) Support the pipeline across ravines and water courses with structures which
(JRANTI~:!.: deems necessarv,
The (iRANTFI: agrees
(1 ) That. In connection WIth the construction, operating patrolling, rqxllring.
suhstituting, removing. enlarging, replacing. and maintall1ing or said water Inall)
pI\Klinc(s), It \\lll repair or replace, at its sole expl~nse" or pay to CiR^NTOR(Sl
the reasonable value of any damages to growing crops. existing knces, ditches
and otl1L'r appurtenances or saId land that may be disturbed b\ Its operation
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fILM 179 PACE 836
(1) That, during operations involving l:xcavation, It will remOVl: the topsoil from the
trl:nched area to a depth of one foot, or to the full depth of the topsoi I, whichever
is less, and stockpile saId top soil for replacemt:nt over the trench It \vill remove
from the site any large rocks or surplus excavating material or any debris that may
have been exposed by the excavation and remains atter backfilling is completed,
And, it will leave the ltnlshed surhlce in substantially the same condition as
existed prior to the beginning of operations except that the surl~lce of backllllcd
areas may be mounded sufficiently to prevent the formation of depressions after
final settlement 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 GRANTOR(S) agree that:
(I) 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 pipeline by
removal of existing soil or by placement ofttllmaterial within the boundaries of
said easement without the prior written consent of the GRANTEE,
(3) The GRANTOR(S) 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
(4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein
granted without any interruption by the GRANTOR(S),
. ~ fiLM 179 PACt 837
The Terms, covenants and provisions of this casement and agreement shall extend to and be
binding upon the heirs, executors, administrators, personal representatives, successors and
assigns of the parties hereto,
\ 1.- ~ "\
D^ TED thiS -3.."j~- day of 1'----1 c.....l 'u ' 1995
\ t"
GRANTOR SIGNED. ~ '\~ .. h ~j~
STATE OF MONTAN^ 1
1 ss
COUNTY Or: GALLATIN 1
On this go day of ;Voue~r'- , 1995, before me, a Notary Public in and for
the said State, personally appeared Monte [), Beck, known to me to be the person whose name is
subsc\ibl)dlt\'l'lwjt~1in this instrument and acknowledged to me that hclshe executed the same,
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1!~~~')!l'l:C:S~ wht1r~(,ql<j1{ave hereunto set by hand and affixed by official seal the day and year first
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~Q~'.' ~" .:~ ...~~ . H~ ~~ OF MONTANA
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My Com~i.i'sslon expires J1'/'c-ift___
SEAL: ~. .... .',
ACCEPTED: (. .'C-.'.) i )
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CITY OF BOZEM^N '
by its City Manager
~T -EST
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Ckrk of the City Commission
ST ^ TE OF MONTAN^ 1
1 ss.
Gallatin County 1
On this 11~ day or_~__, 1995, before me a Notary Public
for the State of Montana, personally appeared James l::, Wysocki and Robin L. Sullivan, known
to me to be the City Manager and Clerk of the City Commission, and known to me to be thl.:
persons whose names are subscribed to within this instrument and acknowledged to me that they
executed the same.
In witness whereof, I have hereunto set my hand and affixed my seal on tl1l.: day and year first
m. r !ten above bu - ,.." , ,
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Ol^RY~) HUe F()R THEPlTATE or: MONTANA ;;',;t ,(~ ,~~
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ReSIdIng at LlLLLI_1 &D r ~ ,1rruJ.(: 0
My commiSSion' pires _&--.:._21). q I ''''h'!)''~lIoroJ~m(() "'J::
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rll.M 179 PACE 838
FXHIHIT A
NEW SEWER AND WATER MAIN EASEMENT
A 3000 foot wide easement f(H sanitary sewer and water main purposes over, under and across
the following described property:
Lot 12, BRIDGER CREEK SUBDIVISION, PHASE I, according to the plat thereof, on
file and ofrecord in the otfice ofthe Clerk and Recorder, Gallatin County, Montana, and
located in Section 31, Township 1 South, Range 6 Fast of PM,M,
The Center line of said easement is described as follows:
Commencing at the southwest comer of said Lot 12; thence N07"55' 11 "W, assumed
bearing, 66,18 feet along the west line of said Lot 12 to the point of beginning of the
center line to be described; thence N35()56'56"E 14.43 feeL thence N79()25'27"E 181.80
fect; thence N40"41'49"E 16,16 feet; thence S49()18'11"E 156,54 feet; thence
N74()47'29"E 82,60 feet; thence S21 ()33'36"E 4,53 feet to the southeasterly line of said Lot
12 and there tenninating.
The side 1 ines of said 30,00 foot wide casement are to be prolonged or shortened to end at the
west line of said Lot 12, and the southeasterly line of said Lot 12,
St1EE r I of 2