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Home My WebLink About96- Bowles & Cope Water Pipeline and Access Easement and Agreement , . , "tH 168'ACf3053 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT ,. ]?C) W~S J(f /; e ~W/4.J 1/'" "'" , and 1?,// (';JP~ , the GRANTOR(S), in consideration of I 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 Northeast 1/4 of Section 6 and the Northwest 1/4 of Section 5, T2S, R6E, PMM: Tract 18. Northeast Annexation. As Shown on Certificate of Survey #1147. Recorded with the Clerk and Recorders Office. 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 aboye- 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 surYey 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; .... filM 168 PACE3054 (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. (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 . , " ' . filM 168 PACfJ055 (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 DATED this /Sday of , 1996. STATE OF MONTANA ) . ss. . GALLATIN COUNTY ) On this I:)., TH day of ,:n.A.l.- '-I , 1996, before me, a Notary Public in and for the State of Montana, personally appeared ,Tl M.. ISDWLE So , known to me to be the person whose name is subscribed to within this instrument and acknowledged to me that he did execute the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. ~ ~~":A. LIC FOR THE STATE OF MONTANA l'~O;t.REis'i~'ii;".. ..~'\ BOV2i--lM , M-r f'{~~_~'1~sJ~m expires . /1-15-C)'g ; ..:..... SiA I :": ". L . - -. S ....-- '. '.~" -::. t./' ~. .* ~ .$ ~ ;". .0.,.. :- "'....... "", i-.. ' .~.' ~ $' '. (' ....... O~ ...... ....1 0 F .... ... \...~... ~I, \~\\, .- III.., "Ill"'" 3 . . . ~ ' . STATE OF MONTANA ) : ss. fiLM 168 PACE 3056 GALLATIN COUNTY ) On this I.} -r\-"\ day of Jl..^ L --{ , 1996, before me, a Notary Public in and for the State of Montana, personally appeared JULIG' 8.oc.v L E S , known to me to be the person whose name is subscribed to within this instrument and acknowledged to me that he did execute the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. STATE OF MONTANA ss. GALLATIN , 1996, before me, a Notary Pu of Montana, personally appeared , known to me to be the person whose name subs ribed o within this instrument and acknowledged to me that he did execute the same. n witness whereof, I have hereunto set my hand and affixed my 0 ficial seal he day and year first above written. OTARY PU C ,~mi~,ipg at .\(MtiJl;6,~4{sion ~ ".....,. :> ~ AIP-" ...-s. ,~..' AI/ ,) . " .. .... -;. ':! IS B '~.~ \, :, it \ -: ~. i . # :;.. ",tJ,. , ~ . ! ~ ,.\ l" '-" / ~ ':0:.,. :l, .... '::"1' .... ~~ 6':. 410." ..., ~,! ~;"4' 4........... t. ...."1....."", "':1'" 0 "1'" ~,\\ ~."." ," ) ~ t, ., r " ACCEPTED: /V'l'-~CL-' C, C TY OF BOZEMAN ATW~J ~ by its City Manager Clerk of the city Commission STATE OF MONTANA ) : ss. Gallatin County ) On this 5Ci.A- day Ofa lA@jIjf);tJ , 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 seal on the day. and year first written above. ARY PUBL Residing at My Commi$sio ~~..,r~"~f.'~' ':, \ ~'! .......~"l"\; ~..,.\~~~ ~ ,,,' 10)"" . i "Y'" It CD'; . '. --.i '$ j ,I(!~: ., ~ 0', , a: I'.... ::=. ',~ ~ Lu 4..l.' .- 0 Y",. (f.) \, 4 ':J'J/ S "{ J;.. "\, . .....'1 . ". . . - FILM 168 PACEJ057 /~ / \ / ~ _roo'?J ~ ~ ~ ~. ~ ....~~ ,\><.0. / ~\!,. "'. .~.~ ~ / i:; ~ ...; ... ..,) ....... ...~" -",.. \ " ;...... G) !, I~ ~ 1< ..... " ....... " j-I!! ::~ "~. "., ::'J (Q . 'to.) {., -'; Z Orv . '.' ~o ,t)~~. o -/>.' .. Z fTl C lJ 0 .... "'I h 0 ...... '" " AJ . 110) )>-lAJfTl ; - 0) (f) r 0 Z ~ ....... < N 12.4 ' ::-E <0. fTl - lJ -l ',.. -.. ITl 019" I 0 -- 5: ~ 0 ITl ;:. ::. I ~[ . ~ ITl (f) AJ , , ....... ...." - .... '" Z ,.., r ",' .,. (~ J 'l' "-! CX!. -l 0 Z -,) ,;; v ITl ry'l ., 1'1" (j) r Z ;.\ ....- \. ..' (Xl . ,.. I ~~ II ~ ..-. ~ VI ...... . <0 .f:>. vi ...... ~~ ~~ " g'" (-, ~'" I ...., .. . I\.J --.... 0-1 ~ <0 -:.. IT1 ,'() <0 :: ITl ___ --- 0) ~ --- ~I .- t:- - - pS'~~~ (Jl ~ ~I ~ \1., S ........--- 9\.1)\' ~O~S ,~.. :3 ~ t \'Z,"'<J9S 't\ \\\~ }... I . a'<:jO .... io .... ~ -l Z (f) I i~ NITlITl .(f) 0 O-l AJOO -- O)AJZ ~ Ul (Jl ITlZ () 0 v ITl 0 a -oAJo (Il 3:(f)AJ . ITl Z s::ofTl . -l AJ INDEXED 0 j Z 0 'lAnED -- 0) J , . z]" ;3aS262 I S.. oj Mont.. County of Gallatin. 88 Filed Jor record NOVEMBER -" (Jl 25TH , 19~or 8: 54A M.. and rl"cordud in Book 168 of 0 MISCELLANEQUS PO.' ~3 S...., 9a.., R~,du FEE: $30.00 By f::u.tAIJA/J) e-n4.t74LJDeputy RT: CITY OF BOZEMAN - (Il (Il (,J ..-+ 0 0 CITY OF BOZEMAN ( LEGAL.DWG ) BOZEMAN WATER REPAIR & RENOVATION PROGRAM EE-HK. EXHIBIT · A. .NGINBBRING 4M229.128 APRIL 1996