HomeMy WebLinkAbout92- LeClair, Spruce Meadows Condos Sewer and Water Easement, 1992
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SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
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the GRANTOR(S), in consideration
of One Dollar ($1.00) and other good and valuable consideration,
receipt of which is acknowledged, grant(s) to the city of
Bozeman, 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
sewer and water pipelines with the usual services, valves,
connections, accessories and appurtenances for the purpose of
transmitting sewage in, through, and across a strip of land
situated in Gallatin County, Montana, to be located on the
following described real property:
Lots I, 2, 3 8, 9, and 10, Block 14, Valley Unit Subdivision
phase 1, City of Bozeman, Gallatin County, Montana (Spruce
(Meadows Condominiums)
The easements are more particularly described on the
attached Exhibit A, 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, substituter remover
enlarger replace, and maintain the pipeline, services,
connectionsr accessories and appurtenances;
(2) Trimr remove, destroYr or otherwise control any trees and
brush inside or outside the boundaries of the easement which
maYr in the opinion of the GRANTEE, interfere or threaten to
interfere with or be hazardous to the constructionr
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
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(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, enlarging,
replacing, and maintaining of said sewer and water
pipelines, 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.
(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(S) agree 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(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.
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(3) 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 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:7t!) 7!\. day of //;Ol/FIJt;;t" v-, /y;/'/, 1992.
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STATE OF MONTANA
ss.
GALLATIN COUNTY
On this ,,-:,::/C) day of ~"ll\.S"u....{I,"y~~JA'-J, 1992, before me, a
Notary publip in and for the state of Montana, personally
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appeared r<f/ C, -.'. (~"':( 0 ( { u, CA , known to me to be the
person whos~ name is subscribed to within this instrument and
acknowledged to me that he did execute the same.
In witness whereof, I have hereunto set my hand and affixed
my official seal the day and year first above written.
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NOT~R~ PUBLI~) F?"R, THE"",STAT"E OF MONTANA
Res ldlng at,-t:'-C2....C..yy\.. CL...,..........
My Commission expires (;,... "Co.) \ ,(\ .....(
SEAL
ACCEPTED:
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Cler of the City Commission
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CITY OFBq-#,~M~N" " ,
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STATE OF MONTANA
ss.
Gallatin County
On this 7th day of December , 19 92, 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.
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MONTANA
SEAL
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