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Home My WebLink About93- Paffhausen & Sons, Sewer and Water Easement, 1993 nut 156ntfJ2:llJ SANITARY SEWER AND DOMESTIC WATER PIPELINE EASEMENT AND AGREEMENT PaOhausen & Sons, Inc" of Butte, Montana, 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 water and sewer pipelines through and across a strip of land situated in Gallatin County, Montana on Lot 3-A of Valley Unit Subdivision I . Phase I to the City of Bozeman and as shown on attached Exhibit "A" which is bound to and made a part of this agreement. 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 appurtenances; (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 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 deems necessary, The GRANTEE agrees that: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sanitary sewer pipeline(s), it will repair or replace, at its sole expense, or pay to 1 fiLM 156P~Cf3240 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 topsoil for replacement over the trench, It wiU 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 wiU 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 wiU 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 time will they 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 the GRANTEE, (3) The GRANTOR(S) warrant that they are lawfully seized and possessed of the real property described above, that they have a lawful right to convey 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 privileges herein granted without any interruption by the GRANTOR(S), 2 fflM 156m;IJ241 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 18th day of AU1!Ust, 1993, USEN, PRES, SONS, INC, STATE OF MONTANA ) ss, GALLATIN COUNTY ) On this 18th day of August, 1993, before me, a Notary Public in and for the State of Montana, personally appeared Wayne Paffbausen, Paffbausen and Sons, Inc" known to me to be person whose name is subscribed to within this instrument and acknowledged to me that he did execute the same, ~ (' ~. '--- ~w~ ~)\ CITY OF OZEMAN by its Ci ty Manager G~~ t;l:/ ~ Clerk of the City Council 3 STATE OF MONTANA ) GALLATIN COUNTY ) ss, filM 156PACEJ242 4 On this 78th day of March , 1995, before me, a Notary Public for the State of Montana, personally appeared James E, Wysocki and Robin L, Sullivan, know 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 on the day and year first writte above, J! ~"..... . ,~;,; . .';..0 -.,. J .,..:..:-'\ .jl.~; '.. JJ"~'", . .'. '. t.. :"', "~ "do.l> ,".fI t" ../'.,. ....1:. . 11 ""1;' ','.' ../ ~ . i ;" . 'I, ..... , ,~. V3S' . '. .....(1.....E.. . ...............'.'........ .~... .,:. i."" . '- .'~'.' ..1.. Cl;..\Nt.~(' ""y I t\~\ /~lli. , !' ~ ..' '.' G \J" 4 ." ~""","'" ~. !.~.." ',. '. ~", '\- ~'. ; t, '.; ./' .f .......,. .. '. ...1,..... '" .......... ",..., '.' . ') " .r. j ,t.'Ii,......, / '..""'..,1 '. " ".:' " . ',." 4 filM 156 PAGE3243 -1 I I I I I , TRACT J...A VALLEY UNIT SUBDN/SION - PHASE I :-----~: i i--I ! i 'ell i J : ~----. .: II' r ---/>; ! ! ; m______m~ I ~ I I /i~ /J I I l._______n_______n______: ~ i ~-I '------./2~//.' !)'~;"'l/OP,"lY!lN( ---::::-.~';;:",,-~~----:'=------- ) --l-\~\ 1II1II1111 I' ': "I I" ( i~i _PRI"!!E!R~ :i-' _ J _ ~. I ~ '~:' [<;i.7_il.LLLLLLL_LLUllW :" : -',,_ \ ._~. ' ~ 1- - - - _.__ - -y-~-\ r J''J "~. 1,5..,L - - -3:54';,;;:;;';; ;,;; [~;;,- - -11 ~~ ---II u ~T---- ---~---------~ '-PRDPfRTY UN[ ~ 1~:",s,_...J - Pt?Of'fRTY LINE uiLJ - f-----;7 /- rC---1 WATER & SEWER UTILITY EASEMENT g ~~ O:la Of i~ no o""ft c.." .0 '-0 ~., INDEXI:: PlATTED J1 [EXHIBIT .1 ~..-~--~ERIN & -'~:NSULTING ENGINEERS/PLANNERS A .I~ WATER ZSfMiiI';J'!f{iTfI~~SEMENT i t.-, ASSOCIATES T.~g ~g:D"'~~"'"lM~?'lfo':t:";..,"'.fr.~~,.m" /= TRACT .:JA - VALLEY UNIT SUBDIVISION PHASE I ..._efTY Of' BOZE}(AN Fce $ -J.Q.-.-O--O.---- SJJelllJ M. Cheney RT: CITY OF BOZEMAN TJJIS lNSTRUJ\1ENT WAS FILED I,'OR HEC()Hf) IN THIS OFFleF ON TilE ~_~_ DA Y OF SEPTEMBEK__..M_____, A.D., I !l..J!.L___ AT 3: 33 pM., AND \Vi\S DULY HECOHDED IN BOOr< ~L_ OF MISCELLANEOUS HFCOHDS, PAnE 3239 RECORDER. BY ~__ ~ ,./ } 312100 OFFICE OF COUNTY RECORDER) COUNTY OF GA LLATIN ) STATE OF MONTANA )