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Home My WebLink About96- Farmhouse Partners Sanitary Sewer and Water Pipeline Easement Agreement . - 16_.:J092 fin' SANIT AR Y SEWER AND WATER PIPELINE AND ACCESS EASEMENT AGREEMENT Farmhouse Partners - Bozeman, a limited partnership, ofP.o. Box 1746, Bozeman, MT 59771-1746, 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, the GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sanitary sewer and water pipelines 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 Gallatin County, Montana, of various width to be located on the following described real property: Lot 1, MINOR SUBDIVISION NO. 162 according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the SE 1/4 of Sec. 8, T. 2 S., R. 6 E., P.M.M., and containing 1.957 acres. The Easement is more particularly described on the attached Easement Exhibit which by this reference is made a part hereof. This bJfant includes the right ofthe 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 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 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 fills of this grading into and on the land adjacent to that which is subject to this casement 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, repairing, substituting, removing, enlarging, replacing, and maintaining of said water main and sanitary sewer pipeline(s), it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any damages to growing crops, existing . . . - - f'~l!ltft~l . fences, dItches and other appurtenances of saId land that may e dlstur e . y I S' . .. 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. 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) 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 easement without the prior written consent 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). , . # . ftl.H 168 PACfJ094 . 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. fJJ ~ 1fLl/D DATED this j'J day of JtJUf;r,~ ,199t> GRANTOR: Farmhouse Partners - Bozeman, a limited partnership. By: Farmhouse Partners Limited Partnership, its general partner By: The Dabney Company, its general partner SIGNED: STATE OF MONT ANA } } ss. COUNTY OF GALLATIN } On this ~ day of ~ ' 1996, before me, a Notary Public in and for the said State, personally appeared llham C. Dabney 1Il, known to me to be the person whose name is subscribed to within this instrument and acknowledged to me that he/she executed the same. In witness whereof, I have hereunto set by hand and affixed bYP\mciatl's~~)he day and year first . ,/\. \ Dc I,! 1,-, above wrItten. ":-,, l:'.C " - " '. '.4 ~:.;:~ .': .~. . '" ^ OJ ,:""11-- ':>. ',' ,,""- , r) I '\ f' ,; .- >> ~....,',,\... . \i,....j~;.. ~... ~ ;(J~ ".,,~ < .... ~~, NOTARY PUBLIC FOR THE STATE OF MONTANA ~ SE.AL} i Residing at ~"~ _' .. . .$ My Commissio xpires /0: 'ofd I(?'] "~;:U;;:I--"::"",.,"":\';',\.}~:l ..,'1If.' Or-- r ,~(\\.::" - 'i".,; ) I p~ ~ v , \\\\~\ /,.-'" ..~ 11111I/fllIlll":\\\.'lw\ ~ SEAL: / \, ACCEPTED: .! ~ II ' h.j.~:_,- CITY OF BOZEMAN by its City Manager (;]Z. :/ ~&~ Clerk of the City Commission . . . . .... 7" ~ " nLH 168 PACfJ095 STATE OF MONT ANA } } ss. County of Gallatin } On this~ day of _PWW(JJL~ ' 1996, before me a Notary Public for the State of Montana, personally appea d James E. WYSOCkI and Robm L. Sulhvan, known to me to be the City Manager and Clerk of the City Commission, and known to me to be the persons whose names are subscribed to within this instrument and acknowledged to me that they executed the same. In witness whereof, I have 1.!ereunto set my hand and affixed my seal on the day and year first wr tten above. l OT AR Y p~r FOR THE STATE OF MONTANA Residing at / ' Jr' ..' ' ~ MYWmmiss on ::tres tIJl2tfl~f1;~'<&>""""".ff~-= >.::t!/ ,., i~ , ,,~.:~("',~'t ':Y.~ \.-. " i!ll p~ ""', ..:r' 1'\ g l\O"t(~...... ,11.\ ... ~ ' " ,.... .- '11'. '. .' ~ ....~f\f4t ,~} ; 'T .i'J~ ,.. \..-:. '; 4i" I : ~...:::.: Q ,.-.'..~...-:". f-\},:' '~f!' ~ ':> !.., ft( "'~ l,';;I<;~" ,...~\. ' , "-, ,.,.., ".. .. _ r ~ ~ tl rOO' \...~