The URL can be used to link to this page

Home My WebLink About93- Fellows Partnership Sewer and Water Easement and Agreement, 1993 , . . . . . .' . ,e e , . ORfGINAL FILM 146 PACE 497 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT __ Fe:l.l.~,X<:t..I~:n~.!:sl~lJ::_._------------'-----~----'-----~-' of ~_zeman, M(:)J1t~l~_____.___'______' 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 sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transm i tting Ee~_~:rL~atN-- in / through, and across a strip of land situated in Gallatin county, Montana, ---Lifteen_-- (15 ) feet wide to be located on the following described real property: (PLEASE REFER TO EXIUBIT "A" AND EXHIBIT "B") The centerline is more particularlY described on the attached Exhibit(s) ",1\.11 which by this reference are made a part hereof. --- 'rhis 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 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 t.rees 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 th ise'as emen t to the extent GRANTEE may find re'asonably necessary; and 1 ~ . .' e e filM t 46 PACE 498 ( 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, removingl enlarging, replacingl and maintaining of said sewer/water 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 fences, ditches and other appurtenances of said land that may be disturbed by its operation, ( 2 ) Thatl during operations involving excavationl it will remove the topsoil from the trenched area to tl 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 ) 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 withiri the boundaries of said' easement without the prior written consent of the GRANTEE. . " ( 3 ) The' GRANTOR(S) warrant that they are la0fully seized and pos::;ess~d of the real property described above, that they 2 ..' "'." .,' ... ,_. , . . , ,e e fll.~ 146PAU 499 have a lawful right to tonvey the pr~perty, 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. DATED this V day of ~~ ,}993. ~ . ,~9~~.r- STATE OF MONTANA ) : GALLATIN COUNTY ) \\~~, :JO -\ \. ,';' '" a~'., ' ~.A" ,~ "\ "r ...... I . (I'J :~ '......' .p' ~,...~,.. ;.l,r, , SEAL ACCEPTED: ~"-- "N~fL;, L: () ~' \/\L~0\'"\.., ~ C TY OF BOZEMAN \ ~.J~ by its City Manager Clerk of the City Commission STATE OF MONTANA ) : ss. Gallatin county ) On this 15th day of November , 1993, 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 01 the day and year first written above. . . '. \ I , '., I , ~ , I , / ,,~ I f 4; PUBLIC F ~ OF MONTANA ^ v '(10 ~.l \,..J , '.''#" , . ,>--\'........... J,. -', .,' ,",' "', 'J-A -:.. .: 'T.'........ "'..... ':. g at~~~ . { ; ( ~!i ~_." f \~ ~~ is 5 ion e pi r e s../1' f. I q 15 ! " ~.~ . ) I 1 .... =, :.. f~".'~ ,. - .' i.) ,-~ :. v -. --;.... r (') " .; 1/93 3 ". "~ <, - .: -< ~ ~'-~'/ ,- ,- III' ~ . r . . .e e , . EXHIBIT " A" ; 15' WIDE UTILITY EASEMENT filM 146fAU 500 IN THE NW1 / 4-NEl /4. SECTlON11, TOWNSHIP 2 S., RANGE 5 E., P.M,M. GALLA TIN COUNTY, MONTANA FELlOWS PARTNERSHIP nC.49.Pc.20H: s. JOO' OF WI /2-E1 /2-NWI /4-N(1 /4 15.00' X 215.00 I UTIL. EASEMENT 0.07 AC. JJO,02' P.O.B. SCALE: 1"- 2CO' :: 0 1Ii 5 0 '" Sl .... ~ '" " Co' . N r--... t ;; r') ~ r') ,- ~ ::! I I ~ & rJ ~ ,t-.. I ~ }Ll ... .':;t ...... w , :: r') I ~ .~ ... ,.., ...... 0 '" ~ 0 '" '" z lil I ... ...... ~ I ~ W I S. '" PREPARED BY : MORRISON-MAIERLE QA TE: 8-23~93 DRAWING: 2538\EXH181T " N8S'16'05"E 659.86' CENTER, N881 8'O~ ( JJO.02' SECTlON 11 iI"" "". .. . ,. ,. . .. e e. . EXHIBIT "B" LEGAL DESCRIPTION 15' WIDE UTILITY EASEMENT filM 146fAn 501 A 15 foot wide utility easement for the purpose of water and sewer mains in the NW 1/4 - NE 1/4, Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, and more particularly described as follows: Commencing at the center of said Section 11, Thence along E-W center line N 89016'05" E, a distance of 659.86 feet; Thence along the east line of the S 1/2 - E 1/2 - W 1/2 - SW 1/4 _ NE 1/4 and along the east line of Egbert Subdivision N 0053'41" E, a distance of 1337.21 feet; Thence along the south line of the W 1/2 - E 1/2 - NW 1/4 - NE 1/4 N 89016'05" E, a distance of 24.99 feet to a point on the east right-of-way of North 25th Avenue, and the true point of beginning; Said 15 foot wide easement lies parallel with and north of the following line; N 89016'05" E, a distance of 215.00 feet. Said easement contains 0.074 Ac. c:\9301\15wide 2~}014'( State of Mont. County of Gallatfn. ss Filed for record JULY 15 . 1.g~ at 11: 10 A. M., and recorde~ In Book 146 of MISCELLANEOUS ~age 497 SIIaIle1 .. ,CheB81 Recorder. 8J~~ 0 o{.-<;t> ...-~,. Deputy RT: CITY OF BOZEMAN FEE: $30.00 CHARGE 1