HomeMy WebLinkAbout94- Greentree Condominium Sewer and Water Easement, 1994
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fllH 151PAC[ 246
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
The Greentree Condominium Association, of 1104 South
Montana, 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 easement 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, Thirty (30) feet wide
to be located on the following described real property:
The North fif'teen (15) feet of Lot 1, Block 6 of
Certificate of Survey No. G-lS-A, being a portion of
University Subdivision;
and the South fifteen (15) feet of that portion of the
abandoned Chicago, Milwaukee, St. Paul and Pacific
Railroad Company's right of way adjacent to Lot 1 in
Block 6 of Certificate of Survey No. G-IS-A, being Lots
1 and 2 in Block 6, and Lots 3 through 9 in Block 5 of
University Subdivision to Bozeman, Montana, which lies
South of the centerline of that leg of the former wye
track which ran parallel to the Southern boundary of
said railroad company's property, (said Southern
boundary of the railroad company's property being the
same as the Northern boundary of University
Subdivision) , and which is located between the West
boundary line (extended) of Lot 1 and the East boundary
line (extended) of Lot 1. Said right of way being as
shown on that certain right of way and track map filed
9-25-85 @ 11:57 A.M. under Permanent File No. 770-C, in
the office of the Clerk and Recorder for Gallatin
County, Montana. (Reference: Quit Claim Deed recorded
in Film 90, page 1271)
The centerline of said 30 foot easement is more particularly
described in Exhibit "A", 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-
describe 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:
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EASEMENT AND AGREEMENT - PAGE 1
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fILM 151 PACE 247
( 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 water courses
with structures which GRANTEE deems necessary.
The GRANTEE agrees that:
(l) That, in connection with the construction, operating,
patrolling, repairing, substituting, removing,
enlarging, replacing, and maintaining of said sewer and
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 ) 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 property
cultivation of the tract to which this right of way is
hereby granted.
The GRANTOR(S) agree that:
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EASEMENT AND AGREEMENT - PAGE 2
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ntH 151PACE 248
(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).
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 , day of . , 1994.
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THE GREENTREE CONDOMINIUM ASSOCIATION
BY: ~~----;::T -:-=.=.=:=-,;. ;-: "- " '" "
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BY:~/~
Its ecr ary
STATE OF MONTANA )
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County of Gallatin ) . <JI
Th:J., instrument was acknowledged, before me on the ,)1 - day
of ,Qv: t- ' 1994, by pRe r A. )) I ede_lJ-s and
CJ -.- ----- "., '. as.. . and Secretary of The
Greentree Condominium Association.
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r:Ri-C>----~t,/l)
, ' "~l, Notary pub~~for the S~ate of Monta~a
, \~ j,j~j": lr 4' j;. My Commissi Expires: )h <"'Jt? "1-.). I"/f's-
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STATE OF MONTANA ) ntH 151 PACE 249
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County of Gallatin )
~strument was acknowledged before me on the ! c) It\.. day
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- ,- - , 1994, by ,Na.\Jt'"--d",- TAc,hrX:."OP\ as
0 The Greentree Condominium Association.
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EASEMENT AND AGREEMENT . PAGE 4
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ACCEPTED:
fiLM 151 PACf 250
CI}.Y--Qf BOZEMAN , '"
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BY:~, _"'..; ~. ~,L~ ",':
C1 Manager- "
ATTES~~,', 0 ;! ~ 1, "
BY: ~ ~F--'-./
Cler of the City Commission
STATE OF MONTANA )
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County of Gallatin )
On this 8th day of AUGUST , 1994, before me, a
Notary Public, personally appeared 3ames E. Wysocki and Robin L.
Sullivan known to me to be the persons whose names are subscribed
to the within instrument, and acknowledged to me that they
executed the same.
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Notary Public for he State of Montana
Residing: BOZEMAN
My Conunission Expires: JUNE 11, 1996
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EASEMENT AND AGREEMENT - PAGE 5
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EXHIBIT "A" 151 PACE 251
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CENTER-LINE OF EASEMENT
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, The center-line of the 30 foot easement is the North line of
Lot 1, Block 6, of Certificate of Survey No. G-15-A, being Lots 1
and 2 in Block 6, and lots 3 through 9 in Block 5 of University
Subdivision.
INDEXED~~ j
300~)~)~i PLAneo ~
Stlte of Mont, County of GaHatfn. ss Fned for record January 27 .1922-
at 8: 2 0 &..~_}.., and recorded In Bo&k 1 S 1 'Jf MI SCELL)NEO~S Dage 2 4 h
_ Deputy
SIIelllJ I. Q.-y ,Recorder. By ).1n;J(U/J / \rZA"./ __..r
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Fee: $36.00
Rt: City of Bozeman
PO Box 640
Bozeman MT 59771-0640
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EhSEMENT hND hGREEMENT - PAGE 6