HomeMy WebLinkAbout85- Jones Easement 1985
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SANITARY SEWER AND WATER PIPELINE EASEMENT AND AGREEMENT
Carol J. Jones, a married person, of Laurel, Montana,
GRANTOR, in consideration of Ten Dollars ($lO.OO) 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, Bozeman,
Montana 59771-0640, GRANTEE, its successors and assigns, a
perpetual easement to lay, construct and maintain a sanitary
sewer and water pipeline with the usual services, valves,
connections, accessories and appurtenances for the purpose
of transmitting sanitary sewerage and water in, through, and
across a strip of land situated in Gallatin County, Montana,
fifteen (l5) feet wide on each side of the centerline to be
located on the following described real property:
A tract of land in the SW~SE~ of Section 8, Township
2 South, Range 6 East, M.P.M., Gallatin County,
Montana, lying South of the Southwesterly right-of-
way line of the Haggerty Lane Frontage Road and
described as follows: Beginning at a point on the
Southwesterly right-of-way of the Haggerty Lane
Frontage Road, which point is Southwesterly a distance
of 800 feet right when measured at right angles from
the Engineer's Centerline station 67.50, and bears
South 89 Degrees 54'41" West, a distance of 1717.25
feet on and along the South line of said Section 8,
from the Southeast corner thereof to the true point
of beginning; thence continuing along said South line
of said Section 8, South 89 Degrees 54'41" West, a
distance of 931.87 feet to the South quarter corner
of said Section 8, thence North 0 Degrees 21' 39"
West, on and along the North-South centerline of
said Section 8, a distance of 722.16 feet to a point
on the Southwesterly right-of-way of the Haggerty
Lane Frontage Road 800 feet right when measured at
right angles from Engineer's Centerline Station
55-68.35; thence South 52 Degrees 25' East on and
along the Southwesterly right-of-way line of the
Haggerty Lane Frontage Road, a distance of l18l.65
feet to the point of beginning.
The centerline is more particularly described on the attached
Exhibits A and B, which by this reference are 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 trail~ or otherwise by a rnu~e calIsing
the least damage and inconvenience to the GRANTOR in order to sur-
vey 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;
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89 PAGE 3960
(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 ease-
ment 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:
(1) That, in connection with the construction, operating,
patrolling, repairing, substituting, removing, en-
larging, replacing, and maintaining of said sanitary
sewer and water pipeline, 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) That, 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 excava-
tion 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 forma-
tion 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 culti-
vation 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.
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89 rAGE 3961
(2) The GRANTOR warrants that she is lawfully seized and
possessed of the real property described above, that
she has a lawful right to convey the property, or
any part of it, and that she 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, execu-
tors, administrators, personal representatives, successors and
assigns of the parties hereto.
DATED this 8 day of February
, 1985.
~~~
Carol J J es
State of Montana
County of Yellowstone
Ci ty of Laure 1
)
) ss.
)
On this 8 day of February , 1985, before me,
the undersigned a Notary Public for the State of Montana,
personally appeared CAROL J. JONES, known to me to be the
person whose name is subscribed to the within instrument, and
to me that she executed the same.
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Notary Public for the State
of Montana
Residing at Laurel, Montana
My Commission Expires 6/25/85
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THE CITY OF BOZEMAN:
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BY~ZJ.~'
Its: C1..ty Manager
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FILM 89 rAtE 3963
EXHIBIT "B"
Legal Description for 30-Foot TJtili ty Easement
Phase One
K10ndike Professional Center
Commencing at the Southwest Corner of Tract M of certificate of Survey
No. M-/~~ as recorded in office of the Gallatin County Clerk and Recorder,
Bozeman, Montana; thence North 00016'16" East, along the West line of said
Tract M, 184.5 feet; thence South 89043'44" East, to the intersection of the
East line of an existing 30-foot permanent utility easement and the centerline
of an East-West 30-foot utility easement, 44 feet; thence South 89043'44"
East along said centerline, 275 feet; thence South 48023' 44" East along said
centerline, 160 feet, of which 15 feet each side of said centerline, parallel
and contiguous thereto, shall be granted as a permanent utility easement.
146412
State of Mont., County of Gallatin. 55 Filed for record October 21st ,19 85
at 1,55 P M., ~nd.'ecorded in Book 89 of ~CELLANEOUS. page2259
~ 1.tJ. ,pWtq1t Recorder. By ~Z?:ti/J!!J [? /?"/# DeDuh
Rt: City of Bozeman $25.00