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Home My WebLink About94- Montana Power Company Sewer and Water Easement and Agreement, 1994 Montana Power Company of .. (rlM 151PACE 231 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT , 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 water in, through, and across a strip of land situated in Gallatin County, Montana, Thirt:y ( 30 ) feet wide to be located on the following described real property: The centerline is more particularly described on the attached Exhibit(s) A& B 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, substitute, remove, enlarge, replace, and maintain the pipeline, services, connections, accessories and appurt~nances; (2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the boundaries of the easement which may, in the 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 grad'ing into and on 'the:land 'adjacent to . .' j' . that"which is: subject .t~ this .e'a!5eme~t to the extent GRANTEE may find r~asonably necessary; and 1 .': ..~;. filM 151 PACE 232 (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, operatin~ patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said Water pipeline (5), it will repair or replace, at its sple 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 ~xcavating material or any debris that may have been 'exposed . by the excavation and remains after backfiliing.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 sufficiehtly to prevent the formation of depressions after final s~ttlement 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) At no tJrne will they modify the ,finished grade of the land. over the pipeline by removal of existing sailor by placement of fill material within the boundaries of said' easement witho~t the prior written consent bfthe GRANTEE. (J) The' GRANTOR(S) warrant that they are lawfully seized and possessed of the real property described above, that they 2 , ',' .'.. .r'.t- .,. ... ....' ," . On this 20th dny of .Tllnp I 1994, before me, a Notary Public for the state of Montana, personally' appeared RONAT"D F. BREya:~=&;=~y~1 and Robin L. sullivan, known to me to be the ACTINGC~ty 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. '~~'.'''',',I.n witness whereof, I have hereunto set my hand and af fixed . .i~.~.p.y.'.~~1. on the day and year firs t wri t ten ,above. y ,. :1 A + ' ~:' ",0/ CE;J;~1fl ~ (l--'r1r~ _ ""':I~ <::/ ,l'10T~~Lrc FOR:~E STATE OF MONTANA -', tf\ \ tJ (l:t_eAi!:!..i.l)~ ~ t BOZEMAN _ '~'" My C<;>.mnussion expires JlTNF. 11, 1 qq(, .~,~ '......~...\.'\ "?- '....' 0:.:- \\O't" "'.11., ''t~''f.Jo ~~,.>t" 1/93 ,T. ~ ~ " flU~ 15t:fAtf23J have a lawful right to 60nvey 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 right~ 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 / ?f day ofI....-cAt'1 P , 19 9~ ;fIu:%-~t d"- /~ STATE OF MONTANA ss. GALLATIN COUNTY On this ~ day of -.Jj)kJ E. ' 19 q~ , before me, a . , . Notary Public in and for the state of Montana, personally . appeared ;:;J;wl,>"1 ~. .<V:}ILiVAN ., known to me to be the - person whose name is subscribed to within this instrument and acknowledged to me that he did execute the sam~~ In witness whereof, I have hereunto set my hand and affixed my official'seal the day and year first above written. . -Ut~~~:~ NOTARY <'PUBLIC FOR THE STATE OF MONTANA Re\~ii: ,. 'f.s:..t M.AJ..-' ~.J;C;l"TT A)...) .~'(.,:........::. i"..(1?,f expires APt<\L IJ \c:q<:.,. , :~~,\\\{At'.;~~>\ ~r~i':'"V ,..~~.~l~l~TED: \.i'" , ~~Jt~J,.. ',.-r'f' "', : . .' ". .....\'\:;.,"1!l\j .' .& ..h; . . );.~;.' ~'t..: '~'l-"i' .~I. , r~'" . .".0" ~".L,~" ' -,";',u, ~-f=~~:" '."..,,.::~ (? commission .( STATt: OF MONTANA " ss. Gallatin county 3 FILM 151 PACf 234 WATER PIPELINE EASEMENT A thirty foot wide tract of land located in the Southeast 1/4 of Section 31, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana, and being a portion of Certificate of Survey No. 157A and tract of land described in Book 17 of Deeds at Page 1418, described as follows: Commencing at the southeast corner of Certificate of Survey No. 157A, thence South 880 10' 08" West along the south line of cas 157A, a distance of 15.00 feet to the True Point of Beginning for this easement, said easement being 30.00 feet in width and cen- tered upon the following described line: PARCEL 1 Thence North 020 17' 33" West, parallel with the east line of said cas 157A, a distance of 189.97 feet to a point hereinafter described as Point "A"; Thence North 020 17' 33" West, a distance of 454.66 feet to a point hereinafter described as Point "B"; Thence North 020 17' 33" West, a distance of 62.00 feet; PARCEL 2 Beginning at said Point "A"; thence North 870 42' 27" East, a distance of 52.00 feet; PARCEL 3 Beginning at said Point "B"; thence North 870 42' 27" East, a distance of 27.00 feet; Containing 0.52 acres, more or less. EXHIBIT "A" c:\1051\legal " ~ .~" . SS8'lO'OS"W 240. 0 MONTANA POWER COMPANY WA TER PIPELINE EASEMENV1lM 151PACE 235 A thirty foot wide tract of land located in the Southeast 1/4 of Section 31, Township 1 South, Range 6 East, P,M,M" Gallatin County, Montana. !'-l- ,.,.,r::: n ' r--N '-N 0.1.-- o (/l POINT "8" 27' North 87'42'27" East 30,00' WATER EASEMENT ~ ,.,.,..- nl'- r--"--: .--N , N 01.- o Z SCALE: 1"=100' COS 157A \~ <{ \: \ ---r~ .q- ,.,.,\ to ~\ 3: n \ t') r-- , N \ 0 z I POINT "A" 30.00' WATER EASEMENT 52' North 87'42'27" East 'f ~ 30.00' WATER EASEMENT \~ -t ()) TRUE P01NT1'- OF BEGININQ t 30.00' WATER EASEMENT 5SS'1 'OS"W 240,00 D:\1051\EASE POINT OF COMMENCEMENT EXHIBIT "B" 300531 PLATTED C OFFICE OF COUNTY RECORDER) COUNTY OF GALLA TIN ) STATE OF MONTANA ) ns INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON THE 27th DAY OF January , AT~', 19 95 AT a: 16 A. M., AND WAS DULY RECORDED IN BOOK 151 OF MISCELLANEOUS_ RECORDS, PAGE 231 RECORDER, BY L~t;fl!rll/il) /2;r.:,~_ DEPUTY / Fee $ Rt: 3 0 . 0 0 S..IlIlY II. C.8IIY City of Bozeman PO Box 640 Bozeman MT 59771-0640