The URL can be used to link to this page

Home My WebLink About97- Golf Course Partners Sewer and Water Pipelines Easement and Agreement (4) . . , flL~ 172 fAn 930 SEWER AND WATER PIPELINES AND ACCESS EASEMENT AND AGREEMENT Golf Course Partners, Ine. of Bozeman. Montana, 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 casement to lay, construct and maintain sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewer 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: A tract of land located in Section 31, Township 1 South, Range 6 East, City of Bozeman, Gallatin County, Montana. The centerline being more particularly described on the attached Exhibit "A" and "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 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 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 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 easement to the extent GRANTEE may find reasonably necessary; and ~, (4) Support the pipeline across ravines and sewer and water courses with structures which GRANTEE deems necessary. Page 1 of 5 Pages . THE GRANTEE AGREES THAT: filM 172 rAn 9:31 (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewer and water pipelines, 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) 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. (2) At no time will they modify the finished grade of the land over the pipcline by removal of existing soil or by placement of fill material within the boundaries of said casement 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). The terms, covenants and provisions of this easement and agreement shall extend to and Page 2 of 5 Pages . filM 172PACl 9:32 be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DA TED this 7 day of J arl u tK; y ,1997. -Lf~/~ L_ GRANTOR STATEOFMONTANA ) 4 ~ ~ r~ : ss. I ' GALLATIN COUNTY ) 19?t , bore m<<:La Notary Public in and for the (' .---- , known to me to be the t lis instrument and acknowledged to me that he did \\, ,'l..:u~'>'" .-" ... ~V~1::1"l'.lf" "-:, . ~", l'.. ,,~-A~ ~. . ~"~,',, 'Itm"'~R"",'\"'.,",'oo:.;.A, " ! ~Hl~" ' ;,M \j;,c~ ~ =,', 0,;""";"1,,',,,..,, ',:1"" " .:,:,."", ,,:f.,,~,,;;,',-Il,',,",:,.,', ,,',,',', a .. ','1',',.",.-, ,..,... ... " ',~ "" ... ~_ :'\', t.J c ~\ l:':~''! ,~.,' ~ ~ 'i . ill c. "" ',f" ," .' ".." ,', " ~,,~:'.,~ "" '..',:0 '. .., " ','l::..',~.#: ,.. .'" /- '..",}-~';,"', ",~f~r~",,:o ACCEPTED: // e;v-" ~,' //] " OF".~()", ~' _ ~j, ! I....*" !!!".,r." y~:zl,. ~- - ./'UL"'---7 CITY OF BOZEMAN _--;(, by its Acti nq Ci tv Manaqer (J!:tT:/ ~ Clerk of the City Commission STATE OF MONTANA ) : ss. Gallatin County ) ~ ~ . On this ;5'/11 day of {"..,'/u b-" , B 1997, before me, a Notary Public for the State of MQntana, personally appe red .rk-n~~~=~~~ and Robin L. Sullivan, known to me to be tl.fe>C~t'Y\1anager 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. W witness whereof, I have hereunto set my hand and affixed my seal on the day and year ,., first WItten ab~le. ..' :t' [/ 1(.~ < ,.. ;; "'", ,. ;;l ~ nit" [,'~ J ' ' ~( . '-'O"~,,.... , '/ -., , .,,' t 1f' 1 "'t~~' " .--- L ~ ;t',~' .', ",,+PU~IC FOR THE STATE OF MONT ANA . "," ",.'~.. ',' - , ,;l " , ) -: t,~~ RlP.ll 1 - / ~'/ C-j ""l;;7"l_~-' i 0 i ,.~',~p" ~ :0 ..:":' ~~. I "{' /~:t1 ~ ..... ":~''-i",lt1 " , . SSlO t..' '/\/ '/' J :;. ;,L'" "....' ",','., ,"il: . ~, ."... ,"", '~ ,'r"}~,': R.C,~":- "", 'IjI", .".! ' ,'.' ,'-~i: ,,'~ ' .!."'ii. .. ,',O,~;N'm"" "w",:""'~",," , ..' f'" 7\"""., ", '" ,"., ....... " , A .' . ," "'. 'Ii"'" - "." H:\2089\006\ W A T&SEW,wpd Page 3 of 5 Pages . . . EXHIBIT "A" fILM 172 f^n 9:3.3 A tract of land located in Section 31, Township 1 South, Range 6 East, City of Bozeman, Gallatin County, Montana described as follows: The centerline of a 30.00 foot wide easement more particularly described as follows: Commencing at the north corner of Lot 5, Bridger Creek Subdivision, Phase 2; Thence North 43014'32" West, a distance of 15.00 feet to the Point of Beginning; Thence along said centerline of 30.00 foot wide easement, North 46045'28" East, a distance of 15.36 feet; Thence along said centerline of 30.00 foot wide easement, North 55003' 1 0" East a distance of 248.12 feet to a point on the southwest right-of-way line of McIlhattan Road; The sidelines of said easement being lengthened or shortened as required so as to begin on the northeast property line of Bridger Creek Subdivision Phase 2, intersect at the angle points and end on the southwest right-of-way line of McIlhattan Road; Containing 7,905 square feet, more or less. 1-1 :\2089\006\XHIBIT A2 August 27, 1996 ----" ON lJ ; ~ N~,O <.D(J10Z ..p,.. ----I o ----l 0 filM 172 p~n 934 () (j) OJ ., '..0 (I). (j) --r, r+- ----" ON ~ N01r lOOO ~ O----l --'~ 0 (Jl..... (") (j) (J1 . ~ o - '..0 otN G) (l). -N (j) --+. = 0 r+- ,.. ., () 0 C Al tJ) fTl 0 ., () 0 :s:: :s:: z f'Tl () f'Tl :s:: f'Tl z -l tN ~ c ::::! G) C 0 --l fTl ,.. -< ., X fTl () ;t> I 0 tJ) ---".(f) C fTl - ;0 :s:: ~11'o OJ tJ) fTl -/=:>.F= - f'Tl Z ---l --l OfTl . . . ::: OJ ::: -.--.. _.---_.~.... -..- ....- --- '342027 f ",0/ ZS INSTRUMl';Nl' WA::5 FILED FOR RECORD IN THIS OFFICE ON OFFICE OF COUNTY RECORDER) lIE 10TH DAYOF APRIL ,A.D.,l997 COUNTY OF GALLATIN ) AT 10: 02 AM., AND WAS DULY RECORDED IN BOOK 172 STATE OF MONTANA ) OF MISCELLANEOUS RECORDS, PAGE 930 Fee $ 30.00 Shaner M. ...., RECORDER. BY :r Jf~~~ DEPUTY RT: CITY OF BOZEMAN "