HomeMy WebLinkAbout86- HDC Water and Sewer Easement, 1986
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WATER AND SANITARY SEWER PIPELINE EASEMENT AND AGREEMENT
H.D.C. , a partnership of 212 South Tracy Avenue, Bozeman,
Montana 59715, GRANTOR, in consideration of Ten Dollars ($10.00)
and other good and valuable consideration, receipt of which is
acknowledged, grants to the City of Bozeman, a municipal corporation
of the State of Montana, 411 East Main Street, Bozeman, MT 59771-0640,
GRANTEE, its successors and assigns, a perpetual easement to operate
and maintain water and sanitary sewer pipelines with the usual
services, valves, connections, accessories and appurtenances for the
purpose of transmitting water and sanitary sewerage in, through and
across a strip of land situated in Gallatin County, Montana, a
specified width on each side of the centerline to be located on the
following described real property:
Lot 1, Block 1, Westlakets Fourth Subdivision, to the
City of Bozeman, according to the official plat on
file at the office of the Gallatin County Clerk and
Recorder.
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,
permi ttees, 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 in order to survey
and establish the route and location of the easement and the pipeline
and to:
(1 ) Operate, patrol, repair, substi tu te, remove, enlarge, replace
and maintain the pipeline, services, connections, accessories
and appurtenances:
(2 ) Trim, remove 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 operation and maintenance of the
pipeline: and
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fiLM 92 P~GE 248,4
(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.
The GRANTEE agrees that:
(1 ) In connection with the operating, patrolling, repairing,
substituting, removing, enlarging, replacing and maintaining
of said water and sanitary sewer pipelines, it will repair or
replace, at its sole expense, or pay to GRANTOR 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) During operations involving excavation, it will remove the
top soil from the trenched area to a depth of one foot, or
to the full depth of the top soil, whichever is less, and
stock pile 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 b~ckfilled areas may be mounded
sufficiently to prevent the formation of depressions after
final settlement has t_aken place.
(3 ) To 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 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) The GRANTOR warrants that they are lawfully seized and
possessed of the real property described above; that they
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FILM 92PAGE2485
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 enjoy the rights and
privileges herein granted without any interruption by the
GRANTOR.
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 30 day of -Gpr'l 1986,
H.D.C.
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By /-- i ~ h.rI~-( {) < /]/"k:-"~1
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Partner
H.D.C.
State of Montana )
County of Gallatin: ss
City of Bozeman )
On this...30 day of ~ 1986'-!hfore me,a Notary Public
and for said St.::te, pers ally appeared' et1I~e 6. ,.t:;,IM..e ~^
~ , known to me to be the persons
the pa tner hip at executed the within instrument and acknowledged
me that they executed the same for and on behalf of said partnership.
,J~N"'W~TNESS WHEREOF, I have hereunto set my hand and affixed
mY'Notaria~,~seal on the day and year first above written.
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CITY OF BOZEMAN
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ATTEST:
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fiLM 92 PAGE 2486
State of Montana )
Countv of Gallatin : ss
City of Bozeman )
On this 5th day of May 1986, before me, a Notary
Public in and for said State, personally appeared JAMES E. WYSOCKI
and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk
of the City commission respectively, of the City of Bozeman, whose
names are subscribed to the within instrument and acknowledged to me
that they executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal on the day and year first above written.
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'. )).t...t ::: Residing at Bozeman, Montana.
, . , My Commission Expires: 4-30-88
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EXHIBIT
. "A"
North-South Easement
Utilities easement across Lot 1 of Block 1, Westlake's Fourth
Subdivision to the city of Bozeman, located in the Southeast
One-Quarter of Section 1, Township 2 South, Range 5 East, Principal
Meridian Montana, Gallatin County, Montana and being further
described as follows:
Beginning at a centerline point of the easement, on the North line
of said Lot 1, said point being South 89-57-41 East, a distance
of 85.00 feet from the Northwest corner of said Lot 1. Thence
South 00-01-15 West, with the easement being 15 feet each side of
the centerline, a distance of 176.00 feet. Thence South 00-01-15
West with the easement being 20 feet on the East side of the center-
line, and 15 feet of the West side of the centerline, a distance
of 10.00 feet. Thence South 00-01-15 West, with the easement being
15 feet on each side of the centerline, a distance of 17.00 feet.
Thence South 12-27-58 East, with the easement being 15 feet each
side of the centerline, a distance of 185.00 feet. Thence South
12-30-28 West, with the easement being 15 feet each side of the
centerline, a distance of 138.00 feet. Thence South 12-30-28 West,
with the easement being 20 feet on the East side of the centerline
and 15 feet on the West side of the centerline, a distance of 10.00
feet. Thence South 12-30-28 West with the easement being 15 feet
each side of the centerline, a distance of 30.74 feet. Thence South
00-29-32 V'-Jest, with the easement being 15 feet each side of the
centerline, a distance of 98.06 feet, to the end of the easement,
said end of the easement being North 89-30-28 West a distance of
209.00 feet. from the southeast corner of said Lot 1.
Northerly East-West Easement
An access and utilities easement across Lot 1 of Block 1, Westlake's
Fou.rth Subdivision to the City of Bozeman, located in the Southeast
One-Quarter of Section 1, TO~NI1s.hip 2 South, Range 5 East, Principal
Meridian Montana, Gallatin County, Montana, and being further
described as follows:
Beginning at a centerline point of the easement, on the east line
of said Lot 1, said point being South 00-02-21 East a distance of
87.00 feet from the Northeast corner of said Lot 1. Thence North
89-57-41 West, with the easement being 15 feet each side of the
centerline, a distance of 208.94 feet, to the end of said easement.
Sou ther ly East-.West Ea2-.etnent
An access and utilities easement across Lot 1 o.f BlOCk 1, Westlake's
Fourth subdivision to the City of Bozeman, located in the Sout.heast
One-Quarter of Section 1, Township 2 South, Range 5 East, Principal
Meridian Montana, Gallatin County, Montana, and being further
described as follows:
Beginning at a centerline point of the easement, On the East, line
of said Lot. 1, said point being North 00-02-21 West. a distance of
85.00 feet from the Southeast corner of said Lot 1. Thence North
89-30-28 West, with the easement being 15 feet each side of tl:1 e
centerline, a distance of 119.27 feet. Thence North 77-29-32 West,
with the easement being 15 feet each sidp. of the centerline, a
distance of 89.71 feet to the end of said easement.
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IIt:"DEX=D XV
I.r"'An~i) a, 156505
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State of Mont.. County of Gallatin. ss rHad for record June 16 , fS 86
at 4, 0') PM., and recorded i'~ Bock___~~of MISCELLANEOUS page 248J
~ t.IJ. pW\el.t Recorder. By lAd It't WI. CJlIlI/'l DeDutV
Rt: City of Bozeman
$25,00