HomeMy WebLinkAbout99- Kack Sewer and Water Pipeline Easement and Agreement
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Shelley Vanoe-Gallatin Co MT MISC 36.00
SEWER AND \" A TER I:Il)ELINE AND ACCESS EASEMENT AND AGREEMENT
~f\f'V\E'~ Lj. K~K f .JOA~tJ(; B. '<~C~ of "53r JAc.K,Sot-J <R.~I( RJ? the GRANTOR(S), in consideration of One
"Eo "lot" /VI Pl-t.J, IV\T :5 <;,1 S
Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s)
to the City of I3ozeman, 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 Sf Wr;r<... (sewer) and l..,JA"Tc~ (water) pipelines with the usual services, valves,
connections, accessories and appurtenances for the purpose of transmittingwA,C"fZ./lVASTE:4JATE"Rjn,
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through, and across a strip ofland situated in Gallatin County, Montana, THIRTY ('30) feet wide
to be located on the following described real property: ll'{Ac.T c:.... or- t'ltJ vrJ~ NUM 8tt~l>
;:jCJ({.\}(zY PLAT (N Boo/( 135"" o~ DIC:e-I'lS PAGe; 'fq.:;!.. SA-tD l12A'-T LOCATED
IN \Hr=: Sf Xl
of THE Sf ," oJ: SCCTrotJ 3[ .fbl..U}JSHlf
:so tJ N.
RA0G:,E b E;AST. M.P.M. , c;ALL~TJtJ <!.ourJTi , MOl'OT7\-t-JA
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The easement is more particularly described on the attached Exhibit(s) A i S 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 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:
(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 trccs 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;
on the land adjacent to that which is subject to this easement to the extent GRANTEE may
(3) Grade the land subject to this easement and cxtend the cuts and fills of this grading into and
find reasonably necessary; and
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Support the pipeline across ravines and watcr courses with structures which GRANTEE
deems necessary.
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SMelley Vanc.-Gallatin Co MT MISC 36.00
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said
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.
THE GRANTOR(S) AGREES:
(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) That where the subject improvements are not located under improved public or private streets
or other provided access, a 12 foot wide all-weather access road may be constructed within
the easement where at the City's discretion such access is required for operation and
maintenance purposes.
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(4) 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.
(5) 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
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Sh.ll.y Vanc.-Gallatln Co MT MISC 36.00
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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 -2., day of
AUGUST 1999
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GRANTOR
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(.;, r~ ~~ R. /h 0
INDIVIDUAL
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ~l day of . ~Ct{.~+ , 19PL, before me the undersigned, a Notary
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Public for the State of Montana, personal y appcared~oc{ n he. ~",,--e... kq (1< , known to me
to be the person whose name is subscribed to the within instrument, and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year above written.
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Notary Public for~e~State of Montana
Residing at r:vz..e'VVlC\.A.--.
My Commission Expires Dd- Ol-f-~-03
CORPORATE
me to be the
of
, known to
and the
STATE OF MONTANA )
) ss.
County of Gallatin )
On this _ day of , 19_, before me the undersigned, a Notary
Public for the State of Montana, personally appeared,
person whose name is subscribed to the within instrument and acknowledged to me that he executed
the within instrument for and on behalf of
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
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Sh.ll.y V.~c.-G.ll.ti~ Co MT MISC 36.00
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(SEAL)
Notary Public for the State of Montana
Residing in Bozeman, Montana
My Commission Expires
ACCEPTED:
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CITY OF BOZEMAN
by its Ci tv Manaqer
ATTEST:
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Clerk of the City Commission
STATE OF MONTANA)
) ss.
County of Gallatin )
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On thIs /.J dayof ';/ /~ _
, 1921.., before me, a Notary Public for the
State of Montana, personally appeared CLARK V. JOHNSON and ROBIN L. SULLIVAN, known
to me to be the City Manager and Clerk of the City Commission for the City of Bozeman and the
persons whose names are subscribed to the within instrument, and acknowledged to me that they
executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first above written.
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Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires: j . /,Ir d P-
E: IENG INEERlFORMS\LEGAL ISWP IP E.EAS
Rev: J 0/98 4
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Sh.lley Vance-Gallatin Co MT MISC 36.00
2016253
Page: 5 of 6
07/12/2000 11 :29~
EXHIBIT A
A portion of Tract C of an un-numbered survey plat which is filed
of record in Book 135 of Deeds at page 492 in the office of the
Gallatin County Clerk and Recorder and which also is described as:
a tract of land lying in the SE 1/4 of the SE 1/4 of Section 31,
Township 1 South, Range 6 East, M.P.M., Gallatin County, Montana,
described as follows:
A 30.00 foot wide sewer and water pipeline access easement
commencing at the northeast corner of said Tract being parallel and
falling south of S 88 30' west a distance of 206.4'.
Said Easement contains 6,192 +/- sq. ft.
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