HomeMy WebLinkAbout94- Fish, Wildlife & Parks Pipeline Easement, 1994
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Construct, use, repair, replace, inspect,
maintain the water and sewer pipelines,
connections, accessories and appurtenancesi
remove, and
services,
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FII.M 149 PACE 977
PIPELINE EASEMENT AND AGREEMEN'T- e ,.... ...... <II .. " -- -
The MONTANA DEPARTMENT OF FISH, WILDLIFE AND PARKS, an agency
of the State of Montana, Grantor, whose main address is 1420 East
6th Avenue, P. O. Box 200701, Helena, Montana 59620-0701, in
consideration of the sum 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 Montana,
411 East Main, Bozeman, Montana 59771-0640, Grantee, and its
successors and assigns, a perpetual easement to lay, construct,
replace, and maintain a sanitary sewer pipeline and waterline
system with the usual connections, pipelines, accessories, and
appurtenances on a tract of land owned by Grantor and situated in
Gallatin County, Montana, more particulary described as follows:
A tract of land 710.02' in length and 30' in width located in
the SW1/4 of Section 11, Township 2 South, Range 5 East,
P.M.M., lying north of and adjacent to Tract 1 and on Tract 2,
Certificate of Survey 1553 containing an area of .49 acres
more or less as shown on the attached plat marked Exhibit A
and incorporated herein by this reference.
This grant includes the right of the Grantee, its successors,
assigns, permittees, agents and employees, to enter upon the above-
described land by using existing roads or trails or otherwise least
damaging route and inconvenience to the Grantor's property in order
to survey and establish the exact location of the water and sewer
pipelines and to:
(2) Trim, remove, destroy or otherwise control any trees and
brush inside the boundaries of the easement which will in
the opinion of the Grantee interfere with or be hazardous
to the construction, operation and maintenance of the
pipelinesi
(3) With prior approval of Grantor, grade the land subject to
Pipeline Easement and Agreement
City of Bozeman, Grantee
page two
rllM 149 PACE 978
this easement and extend the grading into and on the land
adjacent to that which is subject to this easement to the
extent required to perform construction and maintenance
of this easement by Grantee.
(4) Support the pipelines across ravines and water courses
with structures which Grantee deems necessary.
Grantee agrees:
(1) The water and sewer pipelines will be constructed and
maintained in compliance with all applicable laws and
regulations.
(2) In conjunction with the construction, operation, repair,
maintenance, removal, or replacement acti vi ties performed
by and on behalf of Grantee, existing fences, ditches and
other appurtenances of the land that may be disturbed
will be repaired or replaced at Grantee's sole expense.
(3) During operations involving excavation, Grantee will
remove the topsoil from the excavated area to a depth of
one foot, or to the full depth of the topsoil whichever
is less, and stockpile the topsoil for replacement on the
site. Large rocks and excess surplus material will be
removed from the site and the finished surface will be
restored to substantially the same condition as existed
prior to the beginning of operations, including
revegetation of any disturbed surface area, except that
the surface of backfilled areas may be mounded
sufficiently to prevent the formation of depressions
after final settlement has taken place.
(4) To obtain all necessary permits, licenses and other
required approvals prior to any construction activity.
(5) Easement area will not be fenced or separated by other
physical means from Grantor's remaining property in any
way which will interfere with Grantor's continued public
recreational use of the property.
(6) In connection with construction, reconstruction, repair
or maintenance of the water and sewer pipelines, will
line the trenches for the pipelines with material to
prevent alteration of existing groundwater flow patterns.
Pipeline Easement and Agreement
City of Bozeman, Grantee
page three
FILH 149 PACE 979
Grantor agrees:
(1) At no time will it build, construct, erect or maintain
any permanent structure within the boundaries of the
easement that will interfere with the purposes for which
this easment is granted.
(2) At no time will it 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 Grantee.
(3) That it does hereby warrant that it is lawfully seized
and possessed of the real property described above, and
that Grantor has a lawful right to convey the easement on
the property, or any part of it, and that Grantor will
forever defend the title to this property against the
claims of all persons. In granting this easement,
Grantor does not warrant or represent that Grantee will
be able to acquire any permit or license required from
any governmental agency.
The terms, covenants and provisions of this easement and
agreement shall extend to and be binding upon the administrators,
successors, and assigns of the parties hereto.
Dated this cRL./#i day of ((Jc+~
, 1994.
Montana Department of Fish,
Wildlife, and Parks, Grantor
ACCEPTED:
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On this J71.Hday of October, 1994, 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 op the day and year first written above
q ~ ,) ~tt... 1~CL4" C~
Notary Public or~he State of Montana
Residing at
My Commission
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Pipeline Easement and Agreement
City of Bozeman, Grantee
page 4
FilM 149PACf 980
STATE OF MONTANA
County of Lewis and Clark
This instrument was acknowledged before me on this ~4#~
day of COc4t--\C;.-e;j , 1994, by Patrick J. Graham, as
, Director of the Montana Department of Fish, Wildlife and Parks.
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Notary Public for the S
Residing at vr '-ICU-ftLL.
My commission expires:
STATE OF MONTANA
County of Gallatin
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OFFICE OF COUNTY RECORDER)
COUNTY OF GALLATIN )
STATE OF MONTANA )
30 . 00 PD Shelley M. CblmftIY
FISH, WILDLIFE & PARKS
P.O. BOX 200701
HELENA, MT 59620
Fee $
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flLM 149P~U 981
Wf,H flA/lCOCK ANN[XA r / ON
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TRACT 2
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(REMAINDER TRACT)
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296536
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THIS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON
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THE 10TH DAY OF NOVEMBER ' I , A.D., 19 94
AT 2: 3 OF. M., AND WAS DULY REcoADED IN BOOK 149
OF MISCELLANEOUS RE1){DS, rAGE 977
RECORDER. BY neDT~ (j) ~ ~ DEPUTY
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IECIIVED DEe ~ 7 8M
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cMOJttaJta~
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FisIt,'WIJdJjfe Gm, ~
December 20, 1994
1420 E 6th AVENUE
PO BOX 200701
HELENA MT 59620-0701
CITY OF BOZEMAN
ATTN: JAMES WYSOCKI
411 EAST MAIN
BOZEMAN MT 59715
Dear Mr. Wysocki:
Enclosed is a fully executed copy of the Pipeline Easement and
Agreement on Bozeman Ponds for your records. We have filed the
original document in our files here in the Lands section.
If you have any questions, please feel free to phone at 444-4063.
Sincerely,
; t ..', ! I ni'., . .".,
__~-t/L;i/) I~. I t (. I (fI
Debbi M. King .)
Secretary
Lands section