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Home My WebLink About94- Leclair of Linden Court Water Easement, 1994 '.. l L. (-- -,' (~' I'," , \', .. \- ::1 ,:"/ i,\ '"""\ -'I I .(\'\ ',/ f WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT nlH 151 PACE 236 KEN LECLAIR, of LINDEN COURT, INC., the GRANTOR, in consideration of One Dollar ($1.00) 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, Bozeman, MT 59771-0640, GRANTEE, its successors and asslgns, a perpetual easement to lay, construct and maintain and water pipelines 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, thirty (30) feet wide to be located on the following described real property: Lots 5 and 6, Block 13, Valley Unit Subdivision, Phase 1 The easement 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 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, 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 1 .. , .' .' ntH 151 PACE 237 (4) Support the pipeline across raVlnes and water courses with structures which GRANTEE deems necessary. THE GRANTEE AGREES: (1) That, in connection with the construction, operating patrolling, repairing, sUbstituting, removing, enlarging, replacing, and maintaining of said water 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) 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 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 perrrlanen~ 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. 2 .' . .'" fllH 151 PACE 238 (3) 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. (4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants and provlslons 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 3 day of ,&:/J t'.1 1J1 J e r / .P , 1994, STATE OF MONTANA / ss. GALLATIN COUNTY " ) On this J day of NfJu(',.."..!J(r ,1994, before me, the undersigned, a Notary Public in and for the State of Montana, personally appeared Ken LeClair, known to me to be the president of the corporation that executed the within instrument and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, my official seal the day -< ~. 9.AA1;; .A e " '. v~' :l " ilY',', , "',' . . , .', ,...~,#.,.jI~ 4:' ", . ~[" " art R, : :.,:~',c"Rt:!sidtng at \;r,~\~~;,,{JIMY. \ Ccirgf-is s ion . ",.,.... . .., 1"... ~"r/ ...:- ,\ 0-= ,\0 I have hereunto set my hand and affixed and year first above written. ()Lil FOR HE STATE OF MONTANA C; All D +1"'1 (~1 > expires , - ? ,$ - ,9 ACCEPTED: , . \ \" .........;, i ,-, "~v;'Y~}-'B~ E~~'J'-~;~~'1_,,~t,,-., . By its City Manager ATTEST: GJk~H~ Clerk of t e City Commission 3 II '.- ... ;. flLH 1S1 PACE 239 STATE OF MONTANA ss. Gallatin County On this 2/ Al--C day of I..n 01.>--e-~ , 1991.f, before me, a Notary Public for the State of Montana, personally appeared James E. Wysocki and Robin L, Sullivan, known to me to be the City Manager and Clerk of the City Commission known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ~~\".,~,',,'-,,'~, '~!f~E ~~NTANA ~lr~slai..ng~%.~'i'\' "~ ~(}\~;~y Commi:s~1!o1\ exth re s C Y,I... I) /'-1<1 t. :''/':',1,: ^ L -; ,} t. ' I W \ I,.,: f":\ :' ~.:;.. /-' i .' ~, "'J'" , ...~ ...( ",.." " () ,_:"~. (' ~ ' I ' ,~ ' .. 3005~)2 INDEXr:DJ.(?' ," ,j 1 PlAnED S/. State of Mont, COUftty of Gatlattn. ss Fned for record January 27 , 1922.- at 8:17 A. M.,andrec00i8dIn 30ek 151 ~~ISCELLAN~OUS page 236 S_eDIY .. C~8D8Y Recorder. By ,< )(,uArJJtU S> p//'-/Lf// Deputy ?/"" Fee: $24.00 Rt: City of Bozeman PO Box 640 Bozeman MT 59771-0640 4