HomeMy WebLinkAbout00- Bozeman School District No. 7 Water Pipeline Easement and Agreement
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; fiLM 151 PACE 252
WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
BOZEMAN SCHOOL DISTRICT NO.7, the GRANTOR(S), 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 pipelines 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 (30) feet wide to be located on
the following descrlbed real property:
SEE EXHIBIT "A" ATTACHED HERETO
The easement and existing encroachments are more
particularly described on the attached Exhibits "A" and "B",
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:
(1) Construct, operate, patrol, repair, substitute, remove,
enlarge, replace, and maintain the pipeline, selvices,
connections, accessories and appurtenances;
(2) Trim, remove, or otherwise control any trees and brush
inside 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 pipf~l.LneJ'
(3) Support the pipeline across ravines and water courses with
structures which GRANTEE deems necessary.
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The GRANTEE agrees that:
( 1 )
ntH 151 PACE 253
That, in connection with the construction, operating
patrolling, repairing, substituting, removing, enlarging,
replacing, and maintaining of said water pipeline, it will
conduct said operations in a diligent manner employing
standards accepted construction methods, and it will repair
or replace, at its sole expense, or pay to GRANTOR(S) the
reasonable value of any damag~s to growing crops, existing
fences, ditches and other appurtenances of said land that
may be disturbed by its operation, except the GRANTOR(S)
shall maintain responsibility for any permanent structural
encroachments within the water line easements.
(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.
(3) To lay, construct and maintain said pipeline in such mannel"
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 future time will they build, construct, erect or
maintain any permanent structure within the boundaries of
said easement without the prior written consent of GRANTEE,
except that the loading dock and building services, as
originally approved and permitted by the City of Bozeman and
shown on Exhibit B, shall be allowed.
(2) At no time will they modify the finished yrade of the land
over the pipeline by removal of existing sailor by
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filM "151nCE 254
placement of fill material within the boundaries of said .
easement without the prior written cons~nt 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.
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DATED this fCf - day of j u ....-f
District No.7
STATE OF MONTANA
ss.
GALLATIN COUNTY
On tl'lis j' [I day of I' I 1'1 (:)" I b fo
_L _ , - f~, e re me, a
Notary pu9+iC ,in and for the St te of Montana, personally
appeared ta.(.,( (l3..-c', ''[5/)..j 1~ y--t,'c:-/;J , 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
my official seal he day and year first above written.
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~A ~'/\.R 4.Lkr-/{.---&-r ;A-J,-.l,__ ,/
N?~RY PUBLI~",}'O THE STAT~__?F MQ~TANA
Resldlng at ',J~t"y--y,^_..,#-_-;'e.~.- il--I''-
My Commission expires /-:.:.7 /3 /9 c-j
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SEAL
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ACCEPTED:
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Clerk of the City Commission
STATE OF MONTANA
ss.
Gallatin County
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ntH 151 PACE 2S~
On this 8th day of AUGUST , 1994, before me,
a Notary Public for the State of Montana, personally appeared
James E. Wysocki and Robin L. Sullivan, known to me to he 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.
~/f~t/!~~ OF MONTANA
Residing at BOZEMAN
My Commission expires JUNE II, 1996
SEAL
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115.23' -
WATER LINE EASEME'
Water Line
90.8~
IITRANSFORMER SLABII 0
"LOADING DOCKII
4." SLAB ON GRADE
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SCHOOL
SUPPORT
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SERVICES BUILDING
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4'-2"
15'
10'-6"
RET AINING WALL
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THIS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON
THE 27th DA Y OF January , t\~., 19~
AT 8: 21 A M., AND WAS DULY RECORDED IN BOOK--1.21
OF MISCELLANEOUS RECORDS, PAGE 252
RECORDER. BY {~CkA{JA?, ~::".d'~ DEPUTY
Fee $ 4 2 . 0 0
Rt: City of Bozeman
PO Box 640
Bozeman MT 59771-0640
DelleJ I. QIU8J
OFFICE OF COUNTY RECORDER)
COUNTY OF GALLATIN )
STATE OF MONTANA )
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3005an
July, 1994
City Engineering Dept.
SCALE: 111 = 20'
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EXHIBIT B
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