HomeMy WebLinkAbout92- Cape-France Enterprises Sewer Easement, 1992
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SANITARY SEWER PIPELINE EASEMENT AND AGREEMENT
Cape-France Enterprises, a Montana Partnership, of 2220 W.
Main, Bozeman, Montana, 59715, the GRANTOR(S), in consideration of
ten (10) future single-family residential equivalent sewer taps
without the city assessing a hook-up or system development fee, but
with the GRANTORS being responsible for the costs of labor and
materials for installing said taps, and additional future access to
the sewer at the GRANTOR'S expense sUbject to the city's collection
and treatment works capacity at the time of request for hookup, and
in further consideration of $1.00 and other good and valuable
consideration, receipt of which is acknowledged, grant 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 sewage 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:
That part of the Wlj2 SElj4, Section 26, Township 1 South,
Range 5 East, M.P.M., situate South of 1-90 as shown in Film 84, )
page 4787, according to the official 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 A, which by this reference is made a part hereof.
This grant includes the right of the GRANTEE, its successors,
permitees, 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 of the 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 to otherwise control any trees and
brush inside or adjacent to 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;
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(3) Initially 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 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(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 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 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(S) agree 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.
(2) 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.
(3) The GRANTEE may peaceably hold and enj oy the rights and
privileges herein granted without any interruption by the
GRANTOR ( S) .
2
Dated this 30th day of
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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.
STATE OF MONTANA
ss.
GALLATIN COUNTY
On this 30th day of June, 1992, before me, a Notary Public
in and for the State of Montana, personally appeared Joann Cane and
Grace France, known to me to be the persons whose names are
subscribed to within this instrument and acknowledged to me that
they did execute the same.
In witness whereof, I have hereunto set my hand and affixed my
off~cial seal the day and year first above written.
:~~i:1n:u:~IC~~-v:~~~ S~7~~~:/ MONTANA
My commission expires / 5// /'73
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ss.
GALLATIN COUNTY
On this 30'fA day of ~ ' 19;102---, before me,
a Notary Public for the state of Montana, personally appeared James
E. Wysocki 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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STATE OF MONTANA
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EXHIBIT A
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CAPE -. FRANCE ENTERPf-\ISES
2220 W. MAIN
BOZEMAN, MT. 59715
300
600
'--'...1
feet
^ Sanitary Sewer easement and right-of-way lying within the W 1/2,
SE 1/4, Section 26, Township 1 South, Range 5 East, M.P.M.,
Gallatin County, Montana and more particularly described os a
thirty (30) foot wide easement, fifteen (15) feet on either side
of the following described Sanitary Sewer centerline.
Beginning at a point on the East Boundary of said property, said
point lying N 70' 10' 59" W, 1408.45 feet from the SE corner
marker of Section 26. Thence, N 21' 16' 23" W, 332.40 feet to
Manhole 2. Thence, N 38' 15' 20" W, 299.00, feet to Manhole 1,
Thence, N 32" 39' 41" E, 65.11 feet to 0 point on the boundary of
said property and the Interstate 90 right--of-way. Total
centerline distance of easement 696.51 feet, together with a
temporary right to enter ond occupy during construction and
instollalion of a Sanitary Sewer an odditional thirty (30) feet
of width, fifteen (15) feel located on ~ach side of the above
described easement. 26i558~
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THIS INSTRUMENT WAS FILED FOR RECORD IN 'l'HIS OFFICE ON
THE 3rd DA Y OF June , A.D., 19 93
AT 4: 02 PM" AND WAS DULY RECORDED IN BOOK 132
OF MISCELLANEOUS RECORDS, PAGE 3181
RECORDER, BY C( \Jt '(ok; \-\,Ii\ (} eli I lri lV.,j~~\.-,,- DEPUTY
"PICE OP COUNTY RECORDER)
,JUNTY OF GALLATIN )
fATE OF MONTANA )
ee $~~:..g~ Shelley M. Cben9V
Rt: City of Bozeman