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Home My WebLink About57- SAAM Corp. Easement , , ., J, ,:\ . fiLM 156PACf3257 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT SAAM CORPORATION , of BOZEMAN, 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 sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewer 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: Tracts A and A-I, Certificate of Survey No, 1059-A The easement is more particularly described on the attached Exhibit(s) A and 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 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; ,l . . ..' 10 ' filM 156 PACE3258 (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 sewer and water pipeline(s), it will repair or replace, at its sole 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 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 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 , ' , ," .,.' . fiLM 156 PACE3259 (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) . 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, "".,'I"'tl~W,.... this J I .' '!\\~,..''-<..'~'' ~-=... 'II ~ ." .'{ ',..J "~r, . ~, . ~"'fI f~~, I ,~~!~,;'1,',\~\ .. ,if\~\~\'" ,~ :;.. 'gr.:' lib! : :: "I.' ',I.', : ' : -; '-. ,',("10: :''It: \ ~~E~9E ..~jANA ~~~~a~~t~~TY ) ss, ""'~~"':his ~ day of 111/JJlt'1 , 199~{ before me, a Notary publb~~ in rn~ for tHe state of Montana, personally appeared ~lJQ U,QJ/JVY)Cd/'\ Vl ' known to me to be the person whose name is subscrioed to within this instrument and acknowledged to me that he did execute the same, In witness whereof, I have hereunto set my hand and affixed rY;ir~~nd year first above written. NOTARY PUBLIC OR THE STATE Residing at My Commission day of /n."l-'l~ A5C GRANTOR, Steve Liebmann, SAAM Corporation -J~ , 199X, t:J- Sec-Treas, SEAL ACCEPTED: ITY OF BOZEMAN by its Ci ty Manager i?~J~ Clerk of the City Commission STATE OF MONTANA ss, Gallatin County 3 , . -.. fflM 156PACf3260 On this J,d day of ~ ' 19941~ before me, a Notary Public for the state of M ntana, 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 on the day and year first written above, Q . · J'.-r L I--<~ ~ NOT~R~ PUBLIC~OR THE STATE OF MONTANA Resldlng at ~ My Commission xp res CO,....J" I I) J 19 (... ~. '~.'fMtu,. . .' II", .", '-:U';,~O.t. If"~ '~.. i,:. .'~. ..~...;.... (!I':~"" ....' , '.Ii'.' V~lo ;' ~ ..'i ':"'~.'. ."',.... ...."r ~ "".' ~o ".it<. ~ . 7" ~ q: ""II;" Ji ....~.'~ $'E l\ ~i, ' A'l.d ~~ . ...\. .' ",' .f. ,l.::t.: ~~..,.~ ~~~.. 4 .... filM 156PACf32~ EXHIBIT A DESCRIPTION OF EASEMENT A perpetual easement 30 feet wide, 15 feet each side of the following described centerline. Said easement being used for pUblic utilities in the Southwest quarter of section 12, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, The perpetual easement is described as follows: Beginning at the Southwest corner of Tract A, Certificate of Survey Number 1059; thence North 89007'12" East, along the Southerly property line of said Certificate of Survey, a distance of 15,00 feet to the centerline of the easement; thence North 00050'44" West, a distance of 91.43 feet; thence North 89009'28" East, a distance of 189,10 feet, to Point A on centerline of easement; thence North 89009'28" East, a distance of 116,32 feet; thence South 00050'44" East, a distance of 91.22 feet, to the Northerly Right-of-Way of West Olive Street. Said perpetual easement contains .336 acres A perpetual easement 20 feet wide, 10 feet each side of the following described centerline. Said easement being used for pUblic utilities in the Southwest quarter of section 12, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana. Beginning at Point A, thence South 00050 '32" East, a distance of 32.00 feet. Said perpetual easement contains 0.010 acres, . w I \ ,. . LEGEND EASEMENT CENTERLINE PROPERTY LINE . PROPERTY PIN ~~ 2~ ....0 00 ~l :E~ ~o ~~ 'J>Q ~ X L ~ --J.0 ~ o 50' 100' I I I I I I I seA L E -- ni:fOEXEu..~ PLATTED , j~n . ~r ~, EXHIBIT B filM 156 PACE3262 l ~~~~~~~~3.21']~ :.:.:.:s :Oci"5~),44~'[' . 1 . .. "--"" '. 'r:=' . . 91.22"'....... ,: . : . : . : . : . : . ~ . : . : . : . : . I: . : . : . r'-'-'-'-'-'-'-'- I: . : I' : .\ I' . . . . : , I: .:. 1 .... . t: {\j'1 . -('")' I. :\13 : 1 \: . : .::;. I S 00"50'32" E :~ t : l41 132,00' 1'.0 '. . (1) . POINT A I: :: :::.::; r . . . 1 I' .' .........:...1 r..wl:'J I ~ :.; . : : :1 L 20' TRACT At. ~ . . ., C,D.S. 1059 t: ~ : : :1 t:~:: :1 I : ~j: : :1 I ~ ~j: >\ ':::6::' . .,....... , . : . 0\. :1 . . 00' I. : . 00;-<' :1 I' . ,1. . '1 30' -, : : : : : : I ... 1:':':'\ W ,. . . . . '1 .. . . . (\j ... I : . : . :., POINT OF ::-< g l'-...- I:: l::1 BEGINNI~~_ p~ : : I : LNari.5~;~4~-.A- : I I. : . . . . . . . . . 9143" . . . . \ - T I:::::::::::' .'.:.:.:.: ~ 1-1 W W 0:::: l- V) W > 1-1 -.Jl D l- V) W :3 811 150' I FARMERS CANAL SOUTH 19th AVE. 1 1 31210~) OFFICE OF COUNTY RECORDER) COUNTY OF GALLATIN ) STATE OF MONTANA ) TIlE 21 THIS INS'I'HUMrmT WAS FILED FOR1{ECOHD IN TlIIS OFI"ICE ON , A.f)" 19_95__ DA Y OF SEPTEMBER AT 3:38 PM.,/\NDWASIJULYHECORDEDINHOOl( 156 ~- OF MISCELLANEOUS RECOHDS, PAGE 3257 RECORDER. nY~ 7 ~ -:pU.~ / c- Fcc $ 36, 00 Shelley M, Cheney RT: CITY OF BOZEMAN