HomeMy WebLinkAbout00- Bozeman Property Limited Sewer and Water Pipeline Easement and Agreement
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SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
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Sh.ll.y Vano.-Gallatin Co MT MISC 24,00
BOZEMAN PROPERTY LIMITED, of 21775 SW Ribera Lane., West Linn, OR 97068, the
GRANTOR, in consideration of One Dol1ar ($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, P.O. Box 1230, Bozeman, MT 59771-1230, the
GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain
sanitary sewer and water pipclines with the usual services, valves, connections, accessories and
appurtenances for the purpose of transmitting city sewage and water in, through, and across a
strip ofland situated in Gal1atin County, Montana, and being 30 feet wide, to be located on the
fol1owing described real property:
Lot lOA, Amended Plat of Lot 10 & Lot 11 of Tai Lane Addition, City of Bozeman,
according to the plat thereof, on file and ofrecord in the office of the Clerk and Recorder,
Gallatin County, Montana, and located in the SW 1/4 of Section 13, T. 2 S., R. 5 E. of
P.M.M.
The Easement is more particularly described and shown on the attached "Easement Exhibit",
which by this reference is 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 ofthe casements and
the pipelines 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 fil1s 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:
(1) That, in connection with the construction, operating, patrolling, repamng,
substituting, removing, enlarging, replacing, and maintaining of said water main
and sanitary sewer pipeline(s), it wil1 repair or replace, at its sole expense, or pay
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Sh.ll.y Vanc.-Gallltln Co MT MISC 24.00
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 ofthe 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 begiIming of operations except that the surface
of backfilled areas may be mounded sufficiently to prevent the fomlation of
depressions after final settlement has taken place.
The GRANTOR(S) agrec(s) that:
(1) At no time will they build, construct, erect or maintain any pennanent 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 casement without the prior written consent ofthe 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 casement and agreement shall extend to and be
binding upon the heirs, executors, administrators, personal representatives, successors and
assigns ofthe parties hereto.
DATED this ~ ~
day of N()\Jf~\.eV"
, 2000.
GRANTORS:
BOZEM -\.N PROPERTY LIMITED,
a Califq f~ Lr te [1 Partnership
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by: Robert C. Ja~kson, general partner
STATEOF~_ }
~ss.
COUNTY OF
On thist1!1i day of j('~ ' 2000, before me, a Notary Public in and for
said State, personally appeared Robert C. Jackson, known to me to be a general partner of
Bozeman Property Limited, a California Limited Partnership, and to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed the within
instrument for and on behalf of said Limited Partnership.
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Shelley Vance-Gallatin Cc MT MISC 24,00
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ACCEPTED:
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Clark V. Johnson, City Manager for CITY OF BOZEMAN
"OFFICIAL SEAL
, HEATHER M DOTY
". .} NOTARY PUBLIC-OREGON
COMMISSION NO 330688
MY COMMISSION EXPIRE$! JAN '18, 2004
ATTEST:
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STATE OF MONTANA }
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COUNTY OF GALLA TIN }
On this 11'r day of {a-<-e~ ,2000, before me a Notary Public for the State of
Montana, personally appeared Clark V. Johnson and Robin L. Sullivan, known to me to be the
City Manager and Clerk ofthe 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, for and on behalf of the City of Bozeman.
IN WITNE
year first
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WHEREOF, I have hereunto set my hand and affixed my official seal the day and
ove writte
", "OTARYP~E STATE OF MONTANA
Residing at
Mycommissio expires ~ ~/d-~~~
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