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Home My WebLink About86- Piece, Inc. Heritage Christian School Water Easement, 1986 " fit.. WATER PIPELIKE EASEMENT AND AGREEMENT 91p!!;E1182 PIECE, INC" dba Heritage Christian School, a Montana Cornoration of 425 North Ida Avenue, Bozeman, Montana 59715, GRANTOR, in considera- tion 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, Montana 59771-0640, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain a water pipeline and fire hydrant with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water in, through and across a strip of land situated in Gallatin County, Montana, to be located on the following described real property: Lot 2D of the Amended Subdivision Plat of the Rearrangement of a part of Lot 2, Block 7 of the Babcock and Davis Addition to the City of Bozeman, Gallatin County, Montana. The easement description 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, permittees, licensees and assigns and its and their agents and employeos, 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) Construct, operate, patrol, repair, substitute, remove, enlarge, replace and maintain the pipeline, fire hydrant, 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 con- struction, operation and maintenance of the pipeline and fire hydrant; and (3) Grade the land subject to this easement to the extent GRANTEE may find reasonably necessary. -2- FilM 91 PAGE 1183 The GRANTEE agrees that: (1) In connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing and maintaining of said water pipeline and fire hydrant, it will repair or replace, at its sole expense, or pay to GRANTOR the reasonable value of any damages to growing crops or lawns, 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 operatioD's 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 and fire hydrant 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 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- 'T FILM 91rAGf1184 (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 f";;.-t~L~~-j day of '-, -/ J ~../ ,.;-~ ./J 1986. PIECE, INC. B#;~~--~7;7 .. ~ President ATTEST: /7 ,/;:/ / / '/ / / /) /// State of Montana ) County of Gallatin ss, Ci ty of Bozeman ) ~ On this /(x!;, day of ,r / ;1l/i./!/fJ 1986, be~ore me '.. a Notary Publ~ .iE- and.. for Sa).',d State, personally appeared \.). ~,(./IU.J .......) -/-:1 ~c';::t-~ , known to me to be the persons who. e names are subscribed to the within instrument and acknowledged to me that they executed the sam L; (~" L. ,.:- . " .... I~"... <,., , ~' - dc-,'r\. ~ ') f'l ' ~ ,:ll ,I.: , . " (1 \-1'~' ... . :J L..- ,,,1, , f ~ !,; ,. " .........! ,,~..~"J.. ..~,~ ~J Notary Public Montana Residing at Bozeman, Montap% My Commission Expires://-/::J-fi'P 1,,)\ "", wf~~... ',,,, ,,: . <. "'~.4 ,..'" ~ : , . "''ff~,t~tl~H':\ ,.' ;.:~\I\" THE CITY OF BOZEMAN ~ . y i\ rL. By : ..' ~ <-.->. W~~XR.-,--- Its C ty Manager ATTEST: , ' "'~,.-t-. " .b1-,<~:'. y/,~._ '~1l'/ .' ..... /.' u/J.:,-'/Yl1llt j/ Acting C~~k-~rth~'C'o~!Vi~sion -4- fllH 91PAGE1185 State of JI10ntana County of Gallatin ss. City of Bozeman On this 17th day of March 1986, before me, a Notary Public in and for said State, personally aDpeared JAMES E. WYSOCKI and KATHLEEN NORMAN, known to me to be the City Manager and Acting Clerk of the 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. ,d' "";111" , .. I 1/1) "")" "WI. rl r '...... .,'.\~t,..'''....'' """l/..;l ~ ..>' - 1'\1 ~ -:' , <Ax"'_-:'_ ., :\\\.11" ",41 '. ~ ~ . ,) .,./ ,,_.. ~ : S...... )--< p v -: : :, " -9IIt < (<i : . '. j'" )-.A ~"), 1. 'to : . ,."" ..'iIIoo.A.... ... . '.fc ' .. ,...\ ~...~ ..'to ~ -r~,. ..' ,,' ". 'r.s- ........ ~ "" .,' "" iar: tIO~':\' .," :If,;""" .. \1" "II';I"PI\,\I ~ (!. x/~ Notary Public for the State of Montana Residing at: Bozeman, ~~ My Commission Exoires: . ~o/ /91,)- ,. . .. ""' . ....~ ) J ( ( FILM '91PAGf1186 EXHIBIT A WATERMAIN EASEMENT Heritage Christian School A portion of land being Lot 20 of the Amended Subdivision Plat of the Rearrangement of a part of Lot 2, Block 7, of Babcock and Davis Addition to the City of Bozeman, Gallatin County, Montana, and more particularly described as follows. Beginning at a point which is S 00041'15" E a distance of 15.00 feet from the"N.E. corner of Lot 20 of the Amended Subdivision Plat of the Rearrangement of a part of Lot 2, Block 7, of Babcock and Davis Addition to the City of Bozeman, Gallatin County, Montana, said point also being on the easterly line of said Lot 20 and on the westerly right-of-way line of Ida Avenue: thence from said true point of beginning along said line S 00041'15" E a distance of 10.00 feet: thence S 89018'45" W a distance of 5.00 feet: thence N 00041'15" W a distance of 10.00 feet: thence N 89018'45" E a distance of 5.00 feet to the point of beginning. Said easement containing 50.00 square feet. " ~ ,~ ..~\":v".:,;.:.',l,.."..,,,',.:-,1<"""_"'~.."~.'" 1(. 152127 - March 18th t f G II t'n s'" Fllt'3d for r.rmort:! State of Mont,. Coun .y 0 a a , . '" 91 MISCELLANEOUS at ~5t;~"i.~OcdC'd ;~::~d:r-. 8y-~_'Z-e: ;;,___ ,'" 86 pageJ:l? 2 Deput'. Rt: City of Bozeman $25.00