HomeMy WebLinkAbout97- McInik, Sutton, Billips Water and Sewer Pipeline Easement and Agreement
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Water and Sewer
PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Robert D. Mielnik, Carol E. Sutton, Howard V. Billips, thc GRANTOR(S), in consideration of
One Dollar ($ 1.00 __.,J and other goods and valuable consideration, rcccipt 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
casement to lay, construct and maintain a water and sewer pipcline with the usual services, valves,
conncctions, acccssorics and appurtcnances for thc purpose of transmitting water and scwage in,
through, and across a strip of land situated in Gallatin County, Montana, 34 feet wide to be located
on the following dcscribed real property:
Mielnik Tract
A Tract of land as described in Film 1.Q~Page 2633 Gallatin County Records, morc particularly
describcd as follows: A tract of land locatcd in the West Half of the Northwest Quarter of the
southwcst Quartcr of Scction 13, Township 2 South, Range 5 East, M.P.M., Gallatin County,
Montana, being more particularly dcscribed as follows: Bcginning at a point which is 313.05 feet
South of and 68.7 feet Wcst of the Northcast corncr of said Wcst Half of thc Northwcst Quarter of
the Southwest Quarter; thence in a due Wcst clircction and parallel to the North linc of said Wcst
Half of the Northwcst Quartcr of the Southwest Quarter a distance of 140 feet; thence in a Southerly
direction at a bearing of South 000 33' West, a distancc of 104.35; then in due East direction a
distance of140 fcd; thence in a Northerly direction at a bearing of North 00 33' East, a distance of
104.35 feet to thc point of beginning.
Sutton Tract
A Tract of land as described in Film 111 Page 1731, Gallatin County Records, more particularly
dcsclibed as follows: A tract of land located in thc W Yz NWV4 SW V4 of Section 13, "rownship 2
South, Range 5 East, P.M.M., Gallatin County, Montana, being more particularly dcscribed as
follows: Bcginning at a point which is 208.7 fcct South of and 68.7 fcet West of the Northeast
corner of said W~6 NW V4 SW V4; thence in a due west dircction and parallel to the North line of
said W V2 NW 114 SW 114, a distance of 14Cl fcct; thcncc in a Southcrly direction at a bcaring of South
00" 33' West, a distancc of 104.35 fcet; thence in a due East direction, a distance of 140 fcct; thcnce
in a Northcrly direction at a bearing of North 00 33' East, a distancc of 104.35 feet to thc point of
beginning.
Billips Tract
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A Tract of land as described in "Book 154, Page 301: Gallatin County Records, More
particularly described as follows: "A tract of land located in the West Half of the Northwest
Quarter of the Southwest Quarter (W Jh NW V4 SW V4 ), Section 13, Township Two South, Range
Five Ea<;t; being more particularly described as follows: Beginning at a point which is 104.35 fcet
south of and 68.7 feet west of the NE corner of said W Jh NW V4 SW '/4, thcnce in a due west
direction and parallel to the north line of said W Jh NW V4 SW '/4 a distance of 140.0 feet; thence
in a southerly direction at a bearing of S 00 33' W a distance of 104.35 feet; thence in a duc cast
direction a distance of 140.0 feet; thence in a northerly dircction at a bearing of N 000 33' E a
distance of 104.35 feet, to the point of beginning, said tract containing 0.34 acres.
Billips Tract
A Tract of land as described in "Book 149 Page 331.", Gallatin County Records. More particularly
described as follows: a tract of land located in the West Half of the Northwest Quarter of the
Southwest Quarter, Section 13, Township 2 South, Range 5 East, beingmore particularly described
as follows: Beginning at a point on the north line of the W Jh NW 1/4 SW V4 , said point being 68.7
fcet wcst of the NE corner of said W Jh NW V4 SW '/4 thcncc in a due west direction along said
north line a distance of 140.0 feet; thence in a southerly direction at a bearing of S 00 33' West a
.
distancc of 104.35 feet; thcncc in a due east direction a distance of 140.0; thence in a northerly
direction at a bearing of N 000 degree 33' East, a distance of 104.35 feet, to thc point of beginning,
said tract containing 0.34 acres.
The eascment is morc particularly described on the attached Exhibit(s) A, which by this reference
is made a part hereof.
This grant includes the right of the GRANTEE, is 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 casement and the
pipeline and to:
(1) Construct, operate, patrol, repair, substitutc, remove, enlarge, rcplace, and maintain
the pipeline, services, connections, acccssorics and appurtenances;
(2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the
boundaries of the easemcnt which may, in the opinion of the GRANTEE, interfere
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or threaten to interfere with or be hazardous to the construction, operation, and
maintenance of the pipeline;
(3) Grade the land subjcct to this cascmcnt and extend the cuts and fills of this grading
into and on thc land adjacent to that which is subjcct to this easement to the extent
GRANTEE may find reasonably nccessary; and
(4) Support the pipeline across ravincs and water courses with structures which
GRANTEE deems ncccssary.
The GRANTEE agrees:
(1) That, in connection with the construction, operating, patrolling, rcpamng,
substituting, removing, cnlarging, replacing, and maintaining of said watcr and sewer
pipelines, it will repair or replacc, at its sole expense, or pay to GRANTOR(S) the
rcasonable value of any damages to growing crops, existing fences, ditches and othcr
appurtenances of said land that may be clisturbcd by its operation;
(2) That, during operations involving excavation, it will rcmove 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 dcbris that may havc
been exposed by thc cxcavation and rcmains aftcr backfilling is completed. And, it
will leave the finishcd sUlface in substantially thc same condition as existed prior to
thc bcginning of operations cxccpt that the surface of backfilled areas may be
mounded sufficiently to prevent the formation of depressions after final scttlcmcnt
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.
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Robert D. Mielnik
STATE OF MONTANA )
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The GRANTOR(S) agree:
n1.~ 178 fAn4191
(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 the GRANTEE.
(2) At no time will thcy modify the finished grade of the land over thc 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) The GRANTOR(S) warrant that they are lawfully seized and possessed of the rcal property
described above, that they have a lawful right to convcy 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 privilegcs 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.
County of Gallatin )
On this !~f1, day Of~, 1991, before me, a Notary Public in and for the
State of Montana, personally appeared Robert D. Mielnik, known to me to be the person whose name
is subscribed to in the above instrument, and who acknowledged to me that he executed the same.
In witness whereof, I have hereunto set my hand
above written.
affixed my official seal the day and year first
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DAlED;%S 1 da~f ~Ar",,?-~___, 199_
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Carol E. Sutton
flUI1 178,PAC{41~2
STATE OF MONTANA )
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County of Gallatin )
On this cr'i';1 day ot:-.~6~~ >,1996, before me, a Notary Public in and for the
State of Montana, personally appeared Carol E. SU,tton known to mc to be the person whose name
is subscribed to in the above instrument, and who acknowlcdged to me that he executed the same.
In witness whereof, I have hereunto set my hand and affixcd my official seal the day and year first
abQy,e.~r.itten.
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Howard V, Billips
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Notary\f blic OF ate of MT
Residing at &z~M.Il.d
My Commission Expires illll~
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STATE OF MONTANA )
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County of Gallatin )
On this IlJ '7i. day of Ii: hPMA.?Y , 1996, before me, a Notary Public in and for the
State of Montana, personally appeared Howard V.' Billips known to me to bc the person whose
name is subscribcd to in the above inst~Il1ent, and who acknowledged to me that he executed the
same.
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ACCEPTED:
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CITY OF BOZEM~___/ --
By Its Acti nq Ci ty Manager
ATTEST:
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Clerk of thc City Commission
STATE OF MONTANA )
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County of Gallatin )
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On this 5th day of ~_ May ~efore me, a Notary Public in and for the
State of ~oPta!1a, personally appeared ~iL:wvl~ and Robin L. Sullivan , known to me
to be the5CiW~anagcr and Clcrk of the City Commission known to mc to be the person whose
name is subscribed to in the above instrument, and who acknowledged to me that he executed the
same.
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In wItness whereof, I have hereunto set mYlan an' afflXl:;9 my seal on the day and year aoove first
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EXHIBIT
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filM 178 PACl4194
A 34' WATER LINE AND SANITARY SEWER LINE EASEMENT TO THE CITY OF
BOZEMAN SITUATED IN A PORTION OF THE WEST HALF OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, T.2S., R.5E., PM.M.
GALLA~N COUNT~ MONTANA
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1>"J ROBERT DeAN MJrI NIK
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AREA
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Rt.VI',I:U MAY SI, 1 GgG
FEB. e,199G
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ItIDEXED
PLATTED I;:'
TIIIS INSTRUMENT \VAS FILED FOR RECORD IN TJlIS OFFICE ON
TIlE 14 DA Y OF NOVEMBER
OFFICE OF COUNTY RECO!{DER )
COUNTY OF G^ LLATIN )
STATE OF MONTANA )
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AT 4: 51
OF
, A.D., ] 9__~~
pM., AND WAS DULY RECOHDED IN BOOK 178
Fee $ 42.00
RT:
CITY OF BOZEMAN
ATTN:
J~ECORDS, PACJE ~~
RECOHDER. BY qJlJ1jl6J;1i1!..-~- DEPUTY
MISCELLANEOUS
ROBIN