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Home My WebLink About96- Bell, Water Pipeline Easement and Agreement ~ FILM 168PAGfJOSe , ..- WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT hELJL.l2Je/c:. -;;r: i?xLL , the GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) 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 water pipeline 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, thirty (~) feet wide to be located on the following described real property in the SW 1/4 of section 6, T2S, R6E, PMM: Lots 28 and 29 and adiacent vacated Riqht-of-Wav in Block 2 of Imes Addition to Bozeman. Montana. accordinq to the official plat thereof on file and recorded in the Office of the County Clerk and Recorder of Gallatin County. Montana. The easement is more particularly described on the attached Exhibit "A" 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 GRANTOR(S) 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 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 water pipeline, 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. - f ... fILM 168 PACEJ059 (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 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. (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: (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 pipeline 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(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) . 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. 2 . / .. filM 168 PAC f 3060 DATED this ~-rfl day of ~~ ' 1996. .;~ :~ ~Z;4 GRAN OR : ,4#44I,'~"J.::; /hA'TAlC-<- / STATE OF MONTANA ) -m~ ~A. C4k~Y : ss. GALLATIN COUNTY ) On this ,2.~day Of,..._.'TZI2 V , 1996, before me, a Notary Pub}ic i)i1~nA f?r7 t~/state of Montana, personally appeared;Z:-~-<::-:'~j.C0Y l /~7/, / , known to me to be the ~~~son whose name is subscribed to within this instrument and .~. . ",,"'.. ' . +,edged to me that he dld execute the same. "'~~'\\~~';"'::_:J.~J~/'~itness whereof, I have her7unto set my 1;and and affixed i&t,t'~~~~t_,~~:r~l seal th~/aI)d y~ar tlrst above wrltten. ;-?..~ ~'-",~ /l_-.(~_ ..Y-:::=:~~. ~;. i1L . ~.. I, BL C _ :[gR THE STATE} OF -::'1 to..; .sldl>qgat ;C- c>'v-<i-"-''7<-Z.",L/{1 ',,\ \,~.~.y..€tilnirdssion exifires 4;'c; !/q /(,; /r>yr;::' //J1,. rAT; , . / v / "" ". . S~AL' (".-....", , ACCEPTED: .'......., ~~=t._ c\"V'J-:"".-,,<2.._~ C TY OF BOZEMA Aritt:J ~ b its City Manaqer Clerk of the city Commission STATE OF MONTANA ) : ss. Gallatin County ) On this..:JU1 day of ~ , 1996, before me, a Notary PUblic for the State 0 Montana, personally appeared. James E. Wysocki and Robin L. Sullivan, known to me to be the city Manager and Clerk of the City commission known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. In witness whereof, I have hereunto set my hand and affixed my seal on the day.and year first written above. ~l bu..n vl~llill NOTARY PUBL FOR HE ST OF ,. Residing at ~ommisSion e -. .. r.iW. if~f'o · '..}j.. .. ~ltt~..... f . . . f. '. , ./ '. ~.1' ~ t.<:" tAt., ~ '::: ~~ l.~ ." ... '\..... .e W',,' ..~~.. ....... ...: ::: .s :/,' .,~..:,,,.~ . t;)'~" . , tf"'t Of~ 3 ..... .. . .. .. -i I- 30.00 filM 168PACf3061 0> I I _J I (I) 0 0 0 (1) I I I - - - f - ALLEY o TlTT - - - OUl 1Tl0 ITlC ..." ... 0-1 ...,,~ I I ..... I fTl::I: c". .. I 0 '" ,.... < , z J r ..." '...' )> I ID- 0 n -<~ J> '" ..."1... ~/'.. I )> ^ ""'_4" .~..,,:. C:..,,~~ -I nO fTl 0> )>"T1 Ul -. 41C ""', -. --' ~ 0 -I ",,'" ~ ~ ,"" 0 2 l::tl I .. - .. . .' " 3:: I 2-0 tTJ 'c.4~ .,,-. - -",-. )> -::tl fTl '" '- , ....,. " 20 tII .". . " ..", .. ::tl -I ~, .' G)-o "~'...... ...- n nfTl . ';; I I 0;0 . , - ,_ OJ .-1 ,,=' (1) -< (1) -' -' .+ N I to I 0 N 14 13 12 11 10 9 8 6 5 4 3 2 1 to - - - - OJ -< 0> 0 ;0 P BOZEMAN A VENUE I 0 I 0 0 0J 2 q 9 - - - - to -...J .';~ \ to ... ,,~ I II I ....."" , . I , ,-, I , . I ..c/' I '.' I I .. ,A, I .': , ....:;tII " .',-. ..." I II I .~ ...... '-" , " I ~ I II .' I ~, II' l~'" N .. -...J 26 ~ 0 19 20 21 22 23 24 27 - 0 29 30 31 32 - - - I - ... ,':' ALLEY tTJ _~ - - - - :; Ii OUl fTlO 0 ...., fTlC ;0 ...'to .. 0-1 0 .' . - fTlI -' . . 0 12 I I I "",- lIIIIiro, till':"", r c " .. "', OJ- 9 -'c.. ..~- -<~ ..... -CI' ,.., no to ;~, ,. ....011I'4.... -...J " ." J>." to 2 2-0 -;0 I 1 I I 20 G)." nfTl 30.00 0;0 14 13 12 11 10 9 . -I 7 6 5 4 3 2 1 -< - - - - 0> I I I P MONTANA AVENUE -~- 0 0 ... JI ..) ... ~ 5 2 6 '1 dl 1.! - Slota oj Mont.. Co14nty of GoII~t(n. ss Filed Jor reconi NOV~MBER I I 25TH . 19....2.2-at 8: 55A M.. amI rt'conloJ in RooJ..~ t I MISCELLANEOUS page ~B UecorJer FEE: $24.00 By RT: CI CITY OF BOZEMAN ( LEGAL2,DWG ) BOZEMAN WATER REPAIR & RENOVATION PROGRAM lse-HK. EXHIBIT · A. ENGINIeERING 4M229.128 MAY 1996