HomeMy WebLinkAbout00- Cannon Sewer and Water Pipeline Easement and Agreement
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Shelley Vance-Gallatin Co MT MISC 36,00
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
William T. Cannon of330l N. Hallmark, Missoula, MT 59801 , the GRANTOR, 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 casement to lay,
construct and maintain sewer and water pipeline with the usual services, connections, accessories
and appurtenances for the purpose of transmitting wastewater and water in, through, and across a
strip of land situated in Gallatin county, Montana, (30) feet wide to be located on the following
described real property:
The easement is more particularly described on the attached Exhibits "A" and "B" 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 above-described land by
using existing roads or trails or otherwise by a route causing the least damage and inconvenience to
the GRANTOR in order to survey and establish the route and location of the easement 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
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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 pipelines;
(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 reasonahly necessary: and
(4) Support the pipelines across ravines and sewer and water courses with structures which
GRANTEE deems necessary.
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
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Shelley Vance-Gallatin Co MT MIse 36,00
removing, enlarging, replacing, and maintaining of said sewer and water pipelines, 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 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 pipelines in such manner as will not hinder or prevent the
proper cultivation of the tract to which this right of way is hereby granted.
(4) To construct a gravel access road, 12 foot wide and level with the surrounding area, along
said pipelines to the "L" and "T" shaped turnaround areas as detailed by Exhibit "B". Also
construct a 12 foot wide gravel road between the turnarounds and place 6 inches oftopsoi Ion
the said gravel road level with the surrounding areas as detailed by Exhibit "B". Said road
will be used for maintenance and service of the pipelines.
THE GRANTOR AGREES:
(I) At no time will they build, construct, erect or maintain any permanent 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 pipelines by removal of
existing soil or by placement offill material within the boundaries of said easement without
the prior written consent of the GRANTEE.
(3) The GRANTOR 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
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Shelley Vance-Gallatin Co MT MISC 36,00
without any interruption by the GRANTOR.
The terms, covenants and provisions ofthis easement and agreement shall extend to and be
binding upon the heirs, executors, administrators, personal representatives, successors and assigns of
the parties hereto.
DA TED this
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5 ~ day of -niL.MC~1-
,2000.
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William T. Cannon - GRAN'I'OR
STArE OF 'ii) 'i:: "O-.Y\...I-.... )
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'. ,,~~l!~~Y ,OF )f)I~L i '-<'1',)
, ..,':.~'""r.I.'1~n"tBi~ / Sd day of '7J1a/r_~~L ,2000, before me, a Notary Public in and
. :.:-(ar:t!te State.p.:f 77"-(~, personally appeared William T. Cannon, known to me to be the
~"~~jl:''Y.b~-name is subscribed to within this instrument and acknowledged to me that he did
)" execute'f~ same.
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In witness whereof: I have hereunto set my hand and affixed my oflicial seal the day and year
first above written.
SEAL
ACCEPTED:
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CITY OF BOZEMAN
By its Ci ty Manager
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ATTEST:
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Clerk of the City Commission
STATE OF MONTANA )
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Gallatin County )
On this 19 day of .' "'-<;::~ , 2000, before me, a Notary Public for
the State of Montana, personally appeared City Manager, Clark V. Johnson 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 my seal on the day and year first
written above,
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helley Vanoe-Gallatin Co MT MISC 36,00
Utility Easement Agreement
Valley West Sewer Trunk
William T. Cannon & 360 Ranch Corporation
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Wllllam T. Cannon
In consideration for the granting ofa utility easement by A=~nffim=Mtt~(Grantor), to
the City of Bozeman (Grantee) as per attached Exhibits "A" and "B", the 360 Ranch agrees to the
following:
1. The 360 Ranch agrees to replace existing fences removed during the construction of
the sewer trunk with new fencing materials in accordance with standard practices at
the sole cost of 360 Ranch Corporation.
2. In addition, the 360 Ranch Corporation shall place, at its sole expense, approximately
1 ,200 feet of 6 inch perforated drain pipe bedded in washed rock and wrapped with
filter fabric, in the bottom of the existing ditch which parallels the Grantor(s) south
property line.
The existing ditch will be filled with the material located in the berm directly north of
the ditch. The material shall be placed in a manner suitable to the Grantor(s) to
establish a grade at the top of the ditch which matches the grade of the adjacent
ground.
360 Ranch Corporation
Gerald W'
Dated ..3, J /3 J 00
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STATE OF )
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COUNTY OF~ dtt)~~ )
On this I~ ~ dayof 1'Y7~ ,2000,11i.:foren~,aNota.ryPublicforthe
State of ~ft., personally appeared ~~ntJd t?j,~ known to be the
P./l d oi'\ II ~ rvd-- of the corporation that executed the in instrument, and
acknowledged to me that such corporation executed the same.
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olary Public ~ate of ~~
ResIdmg at I'J ..-yw
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William T. Cannon, Grantor
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SEAL
STATE Of- ) J7ri. l r~; /,~',-- )
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COUNTY OF /11 (:j"..,'-,'-,...(..c., )
O? this 15~h day of '7?1ajzcl:_/, '. ' 2000, before~'otary Pu~lic for the State
ot ~~~a.-yt..t:l , personally appeared L.l~' /11 t1 J1It l. ICUll1 ~.2:1._)(l10Vill to me to
be the person that executed the within instrument, and acknowledged to me that he/she executed the
same.
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EXHIBIT "A"
William T. Cannon
John A. Cannon
John James White
Allen Brandon White
Tracy W. Messina
Water and Sanitary Sewer Easement
Valley \Vest Subdivision
8/11/98
A tract ofland located in the Northeast one-quarter (NEl/4) Section 3, Township 2 South, Range
5 East, City of Bozeman, Gallattn County, Montana, described as follO\vs:
The centerline of a 30.00 foot wide water and sanitary sewer easement being 15.00 feet each side
of and parallel to the following described centerline:
Commencing at the East one-quarter (EI/4) Comer of said Section 3;
Thence along the East section line, said Section 3, North 01 001'47" East, a distance of 12.5 feet;
Thence parallel to the East-West mid-section line, said Section 3, South 89048'40" \Vest, a
distance of 15.0 feet, to the True Point of Beginning of said easement centerline;
Thence North 01001 '47" East, a distance of 43.0 feet;
Thence parallel to the East-West mid-section line, said Section 3, South 89048'40" \Vest, a
distance of 824.0 feet,
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Shelley V.nce-G.ll.tin Cc MT MISC 36,00
Thence South 01 00 I '47" \Vest, a distance of 55.5 feet, to the East-West mid-section line, said
section 3, and end of said easement.
The sidelines of said easements being adjusted in length as required so as to begin 12.5 feet
Northerly of the East-West mid-section line, said Section 3, and end on the East-West mid-
section line, said Section 3.
Containing 27,677 square feet more or less and is subj ect of other easements of record.
A temporary construction easement is created 25 feet each side of said 30 foot easement, the
lands of which revert back to the owner upon completion of the construction phase.
H:\288S\OO.J.\ \VCANNON.WPD
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