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Home My WebLink About84- Bozeman Veterinary Hospital Easement 1984 , . fiLM 85rWE3994 SANITARY SEWER PIPELINE 'EASEMENT AND AGREEMENT BOZEMAWVETERINARY .HOSPITAL, INC., a corporation doing business at the corner of North Seventh Avenue and Griffin Drive, Bozeman, Montana 59715, GRANTOR, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is acknowledged, grants 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 a sanitary sewer pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sanitary sewerage in, through, and across a strip of land situated in Gallatin County, Montana, fifteen (15) feet wide on each side of the centerline to be located on the following described real property: Tract No. 14, Gordon Mandeville State School Section Subdivision, according to the plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. The centerline is more particularly described on the attached Exhibit 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 causlng the least damage and inconvenience to the GRANTOR in order to survey and establish the route and location of the easement and the pipe- line, 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 construc- tion, operation and maintenance of the pipeline; -2- fiLM 85 PAGE 3~95 (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 reasonable 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 sanitary sewer pipeline, it will repair or replace, at its sole expense, or pay to GRANTOR 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 top soil from the trenched area to a depth of one foot, or to the full depth of the top soil, whichever is less, and stock pile 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 excava- tion 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 agrees 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. -3- fll~ 8 t;r;>H!E ~OOf~ ....... I ;.:.J t:Jv ,-]~) (2) The GRANTOR warrants 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. (3) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants and provisions of this easement and agree- ment shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this :l-Y: day of ?? /J'k/r , 1984. BOZEMAN VETERINARY HOSPITAL,' INC. :~:#f!ff~Z) ATTEST: -1-,' " ~ CITY OF BOZEMAN By: . -\ <;"' } ~'"\.Iv-....I...'L / C ,k ~Ct,-' Its ty Manager ATTEST,:., .", ',' , , . .':1 "" '~, .- .'''.':'If '... ". ill' .\, ,; .~, .. " ~ nr,,'," " , , . .I o ",~ ~j.~.. .t. f".,''-'I''1'" F r",..~ ": n,".~' INDEXED plAnED - f '7;/,(/1 n(I', ",,', ,j: I ~ =fLj,-ill(::6~7~L_.- 1""'''"'1.' /':3 c.Jld ':s: Statelo~ s'1ontp County of GnHCltin, 58 FlI~d for record December 10 _ n 84 at 17. M.. Jlt',' d rlS',:;c, ~'r:' j.. :2,.;/".: 85 d,' HISCELLANEOUS ' 3994 ~4'UJ -W G'~ ~,-.~-vJ.__ '" --. page . Recorder. 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EXHIBIT "B" Description A tract of land hereinafter called a thirty (30) foot sewer utility easement in Lot 14 of the Gordon Mandeville State School Section Sub- division located in the southeast one-quarter of Section 36, Township One south, Range Five East, Montana principal Meridian, Gallatin County, Montana, more particularly described as follows: Beginning at the Southeast corner of Section 36, a found two-inch iron pipe. Thence North 00038' West along the East line of said Section 36 a distance OS 29.3 feet to the North right-of-way of Griffin Drive. Thence South 89 45' West along said right-of-way a distance of 740.00 feet to the West right-of-way of Meadow Lane. Thence North 00015' West along said right-of-way a distance of 300.73 feet to the North property line of Lot 27 of said Gordon Mandeville sulxUvision. Thence North 89042' West along said North line of said Lot 27 and the North line of Lot 14 of said subdivision a distance of 265.29 feet to the true point of beginning, said point being on the centerlige of said thirty (30) foot sewer utility easement. Thence South 00 18' West along said centerline of said utility easement a distance of 167.00 feet of which 15 feet each side of said centerline parallel and conti- guous thereto, shall be granted as a permanent utility easement, with a thirty (30) foot temporary construction easement parallel and conti- guous to the West side of said permanent utility easement.