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Home My WebLink About94- Daum Estate Sewer and Water Easement, 1994 (#)1 1- FILM 168PACf3146 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT The Estate of Harry M. Daum, 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 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 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 ofland in the SYz of the SW1f4 of Section 11, T. 2 S., R. 5 E., Montana Principal Meridian, Gallatin County, Montana, and more particularly described as follows: Beginning at the SW corner of said Section 11, thence N. 01022'28" E., on and along the West 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 corncr of the Southern Montana V ctcrinary 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 Veterinary 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 S12 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; thencc SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT - 1 <\ .. .. filM 168PACf3147 On and along said right of way curve to the right having a radius of 1860 feet through a central angle of 45033'38", a distance of 14719.04 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 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 reasonable 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 4. Support the pipeline across ravines and water courses with structures which GRANTEE reasonably deems necessary. THE GRANTEE AGREES THAT: ] . 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 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT - 2 nlH 168PACf3148 " , 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 topsoil 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 utilization of the tract and shopping mall to which this right of way is hereby granted. THE GRANTOR AGREES THAT: 1. At no time will it 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 it modify the finishcd 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 GRANTEE. 3. The GRANTOR warrants that it is lawfully seized and possessed of the real property described above, that it has a lawful right to convey the property or any part of it, and that it will forever defend the title to this property against the claims of all persons, provided the foregoing warranties are subject to the mortgage of Pacific Mutual Life Insurance Co., dated October 29, 1980; the Ground Lease among Grantors dated April 16, 1976 and unrecorded leases of the subject real property. 4. The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT - 3 filM 168PACfJ149 The terms, covenants and provisions of this easemcnt and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this c:J/ ,) lday of Octob(o:r, 1994. GRANTOR: THE ESTATE OF HARRY M. DAUM By: CERTIFIED PROPERTY MANAGEMENT, INC. \\j;l' /;:/l~, By: Scott Cockerham Its President ACCEPTED: CITY OF BOZEMAN ..") ~_..,.l' By """'-f~,_/'v\.'~ ~ Its CITY 11ANAGER rV ',)., 'I' }1 . "-- J \j~'<:-,,'t..h- '," ATTEST: vet o:! ~ Clerk of the City Commission SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT - 4 filM 168PACf~1150 " "I"" STATE OF IDAHO ) )ss. County of Canyon ) On this ,) /"s f day of October, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared Scott Cockerham, known or identified to me to be the Prcsident of Certified Property Management, Inc., the entity that executed the instrument or the person who executed the instrument on behalf of The Estate of Harry M. Daum, and acknowledged to me that such entity executed the same. IN"'WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said County the day and year first above written. '~," '" , " .,I,.0iH'"., ',.a." , .....,1 \~J J; ~ "'1, . " ~\ C. -. ." ',_ ":~',.-'} ~ 1I........,..~1!'.1I .~~ ........, ~. j~... ~.. '. . .,f .~. , .~ ~x, .\ .,,,, <'~.....;. ~-k' N:.t\. 9~... \..-'''';' c.n ':' ~ '~,.' \ "':,":\l;. ,~' : '; ,,,', :;':, ;. '''\:,~.,'' FI '. __ ; E::,:~~Ve L \0 ,.. ~l: _- ~~~;~'. ~I'.~ ..,..;' ~ ~.~...'fl!t. l' ,..... . -'" . ... Ci': .,-., .' '-If,,- .' . fllilr,,' 1;I..dYJ({}'-.!>-")n -)j(l'YLL, Notary Public for Idaho Residing at: }<ittrn/k:"'j ,--J!..dJ~A(,. Commission Expires: / IF / tj-j2Z(.(1 I / STATE OF MONTANA ) )ss. ) Gallatin County On this.3J ~day of October, 1994, before me, a Notary Public for the State of Montana, personally appeared James 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 acknowledge 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. /.....t, ,hllf...,,"'f.... '(' "'~' :--" . ,\' " "",-,I.)"\ ',' ... <,' . \ """ 1',\ ' ... .". .:.~:...:."."..:".E..RY PUl3.-!,~F . THE STATE OF MONTANA :,~tdJ~I~t . . A-.....t;~ ,~ c.~:,i~~l~~~~i.9n expires ~ " )1/ J t:f9' ,.""".~. .:. ''\>,. ~~.'."" ..""" .... ~,' . ." 'IIo1i.... ..., ,', 'If:' \~C'" \-<<.' '.", .~ "" '.., . "", SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT - 5 fILM 168 PACfJ151 r , I Exhibit "A" is filed as Permanent File No. M-ll06 3:J528.l - State of Mont., CoUf11y of Ga!bt!n. S$ Flied for record NOVEMBER 25 , 19-2.2- at 9: 13 A M., ami recorded in Book 168 of MISCELLANEOUS page 3146 SUn., .. aa., .. Recorder. By f;;;;J /.MA.J 9.L-K ....,,/.-L Deputy FEE: $36.00 RT: CITY OF BOZEAMN