HomeMy WebLinkAbout99- Bozeman Deaconess Health Services Sewer and Water Easement and Agreement
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Shelley Vanee-Gallatin Co MT MISC 24,00
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SEWER ANI) WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
BO'2-e l'\\ At'\. :[)/';~f IfR-/4.VTW SIEti?/I/U';, the GRANTOR(S), in consideration of One
Do liar ($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, Bozcman,
MT 59771-0640, GRANTEE, its successors and assigns, a perpetual casement to lay, construct and
maintain
N /1+ (sewer) and
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(water) pipelines with the usual services, valves,
cOlmections, accessories and appurtenances for the purpose of transmitting \Ai '" T 1CJR.. 111,
through, and across a strip ofland situated in Gallatin County, Montana, TI"-l ~t"{ (30) feet wide
to be located on the following described real property:
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The casement is more particularly described on the attached Exhibit(s) 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 a11 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 ofthe 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 casement 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:
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Shelley Vance-Gallatin Co MT MISC 24,00
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(1) That, in connection with the construction, operating patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said \N A. "T ~ P.. pipeline(s), it will
repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any
damagcs 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, whichcver is less, and stockpile
said top soil for replacement over the trench. It wi II rcmove from the site any large rocks or
surpl us excavating material or any debris that may have been exposed by thc excavation and
remains after backfilling is completed. And, it will leave the finished surface in substantially
the same condition as existed prior to the begilU1ing of operations except that the surface of
backfilled areas may be moundcd sufficiently to prevent the formation of depressions after
final settlement has taken place.
THE GRANTOR(S) AGREES:
(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 pipelinc 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) That where the subject improvements are not located under improved publ ic or privatc streets
or other provided access, a 12 foot wide all-weather access road may be constructed within
the easement where at the City's discretion such access is required for operation and
maintenance purposes.
(4) 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.
(5) 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
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Shelley Vanoe-Gallatin Co MT MISC 24 00
easement and agreement shall extend to and be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns of the parties hereto,
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DATEDthis 5 dayof nCTO~Er2- ,19QQ,
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G ANTO (S
INDIVIDUAL
STATE OF MONTANA )
) ss.
County of Gallatin )
On this day of ,19 ,before me the undersigned, a
Notary Public for the State of Montana, personally appeared
known to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affIxed my Notarial Seal the
day and year above written.
(SEAL)
Notary Public for the State of Montana
Residing at
My Commission Expires
CORPORATE
STATE OF MONTANA )
) ss.
County of Gallatin )
On thisoL day of (.- ~'- ,j)(, , 1 gE, before me the undersigned, a Notary
Public for the State of Montana, personally appeared, _-H LC l,,__l ( " I '~'., known
tometobethe\l,cc 1:~",<i..\1 'Y'-:-~'-",':X'l(.c'" of (-/U'Jk., /).",e-"'I"':' I~,., ILl ,c-/",,~andthe
person whose name is subscribed to the within instrument and acknowfedged to me that he
executed the within instrument for and on behalf of L\ 'h'" ,', i)6" Ii" ri,.,It,.:,-,,;! '-1 '
L.\ cO'f"- ( ,^-+-i CD._
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and, ~e~r, Ru;t above written.
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