HomeMy WebLinkAbout94- Anderson, Anna Mae Sewer and Water Easement, 1994
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filM 168 PACf3134
SEWER AND WATER PIPELINE AND
ACCESS EASEMENT AND AGREEMENT
Anna Mac Anderson, hereinafter referred to as GRANTOR, in consideration of One Dollar
($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant to
the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman,
Montana 59771-0640, GRANTEE, its succcssors and assigns, a perpetual easemcnt to lay,
construct and maintain sewer and water pipelines with the usual services, valves, connections,
accessories and appurtenances for the purpose of transmitting sewage and 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:
A tract of land in the SY2 of the SW1f4 of Section 11, T. 2 S., R. 5 E., Montana
Principal Meridian, Gallatin County, Montana, and mdre particularly described as
follows:
Beginning at thc S W corner of said Section 11, thcnce
N. 01022'28" E., on and along the Wcst line of said Section 11 to the
Northerly right-of-way of U.S. Highway 191, as now laid out and
constructed, a distance of 56.61 feet, thence
N. 89017'30" E., on and along said right-of-way, a distance of 893.06 feet
to the SE corner of the Southern Montana Veterinary Clinic, the
true point of beginning; thence
N. 01022'28" E., on and along the East line of the said Veterinary Clinic
property a distance of 300.00 feet; thence
S. 89017'30" W, on and along the North line of said Vetcrinary Clinic
property to a point on the East line of a parcel of land owned by
the State of Montana, a distance of 150.00 feet; thence
N. 1022'28" East on and along the said East line of the State of Montana
property to the North line of the SYZ of the SW1f4, a distance of
963.74 feet; thence
N. 89024'39" East on and along said North line to the Northwest corner
of the R. L. Stratford Property, a distance of 1478.19 feet; thence
S.0016'25" West on and along the West line of said Stratford property a
distance of 459.54 feet; thence
S.24005'35" East on and along the Southwesterly line of said Stratford
property, a distance of 264.58 feet, to a point on the right of way
curve of U.S. Highway 191, Station 286 I- 96.3; thence
SEWER AND WATER PIPELINE AND
ACCESS EASEMENT AND AGREEMENT - 1
fILM 168PACfJ135
On and along said right of way curve to the right having a radius of 1860
feet through a central anglc of 45033'38", a distance of 147X9.04
feet to the right of way P.C. Station 271 I- 77.5; thence
S.89017'30" West on and along said right of way, a distance of 143.15
feet to the true point of beginning.
Said tract contains 38.612 acres, subject to existing easements for irrigation
ditches, power lines, gas lines land water lines as the same now
exist over and across said property.
The sewer and water pipeline easements shall be located on the foregoing real property
as more particularly described in Exhibit "A", attached hereto and incorporated herein by
reference. The foregoing sewer and water pipeline easements shall be thirty (30) feet in width,
measured as fifteen (15) feet on either side of the centerline of each sewer and water pipeline,
except as may otherwise be shown on Exhibit "A".
This grant includes the right of the GRANTEE, its succcssors, 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
casement 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 otherwisc control any trees and brush inside or
outside the boundaries of the easement which may, in the reasonablc
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 subjcct to this
casement to the extent GRANTEE may find reasonably necessary; and
4. Support the pipeline across ravines and water courses with structures which
GRANTEE reasonably deems necessary.
THE GRANTEE AGREES THAT:
1. That, in connection with thc construction, opcrating, patrolling, repairing,
substituting, removing, enlarging, rcplacing and maintaining of said sewer
and water pipelines, it will rcpair or replace, at its sole expense, or pay to
SEWER AND WATER PIPELINE AND
ACCESS EASEMENT AND AGREEMENT - 2
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By ~,L<t '\/V'--\>oL' <
Y
Its CITY MANAGER
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FILH 168PACfJl,3?
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/<,(,IJ-aay of October, 1994.
GRANTOR:
Q p/y{ C( )1h, Gi,l drAA {h1-
ANNA MAE ANDERSON
ACCEPTED:
CITY OF BOZEMAN
ATTEST:
W~J~
Clerk of the City Commission
SEWER AND WATER PIPELINE AND
ACCESS EASEMENT AND AGREEMENT - 4
fit M 168 PACf 3139
Exhibit "A" is filed as Permanent File No. M-ll06
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Stab! of Mon!.; County of GaUatln. tS ~!led for re~ord NOVEMBER 25 , 19 96
at .. 9 ; t 1 A M.t t.:nd re&orden in Bo-;)k -1.9],_ ~ MI SCELLA,;US _page 3 i34
. bile, I. ClIMB, Recorder. By ~.L; tZ1 n) j ~.J /.-t.. Deputy
FEE; $36.00
RT; CITY OF BOZEMAN
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