HomeMy WebLinkAbout98- Smith Sewer and Water Pipeline Easement and Agreement
This grant includes the right of the GRANTEE, its successors, permittees, licensees, and
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SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Douglas Lance Smith of Bozeman. MT, the GRANTOR, 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
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mamtam sewer and water pipeline with the usual services, connections, accessories and
appurtenances for the purpose of transmitting wastewater and water in, through, and across a
strip of land situated in Gallatin County, Montana, (30) feet wide to be located on the following
described real property:
The easement is more particularly described on the attached Exhibits" A" and "B" which
by this reference are made a part hereof.
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 in order to survey and establish the route and location of the
easemem and the pipelines 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 casement 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 pipelines;
(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 pipelines across ravines and sewer and water courses with structures which
GRANTEE deems necessary.
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said sewer and water pipelines, it will
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repair or replace, at its sole expense, or pay to GRANTOR the reasonable value of any
damages to growing crops, ditches and other appurtenances of said land that may be
disturbed by its operation. In addition, existing fences removed during construction shall
be replaced with new material.
(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 pipelines in such manner as will not hinder or prevent
the proper cultivation of the tract to which this right of way is hereby granted.
(4) To construct an access road, 12 feet in width and level with the surrounding area, along
said pipelines. Said road will be used for maintenance and service of the pipelines.
THE GRANTOR AGREES:
(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 pipelines 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 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.
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.
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DA TED this 1 ~ day of
,1998.
Douglas L. Smith - GRANTOR
ST ATE OF MONT ANA
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ss.
GALLA TIN COUNTY
On this /~day of 17 -eer: , 1998, before me, a Notary Public in and for the
State of Montana, personally appeared Douglas L. Smith, known to me to be the person whose
name is subscribed 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 IllY9fficiaLseal the day and
year first above written. ;",. \.,., '.
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N TARY PUBLIC FOR THE STATE OF MONTANA
Residing at~. /Y1T"
My Commissio pires 111,31/6/
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ACCEPTED:
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CITY OF BOZEMAN
by its Ci ty Manager
iF y ..L1Jl~
C er of the City CommlsslOn
STATE OF MONTANA)
: ss.
Gallatin County )
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On this {, day of ~ ,~, before me, a Notary Public for the
State of Montana, personally appeared City Manager, Clark V. Johnson 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
liZ. rin ,ab~ '
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NOTARY.PU IC FOR THE STATE OF MONT ANA
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Page 3 of 5 Pages
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Utility Easement Agreement
Valley West Sewer Trunk
Douglas L. Smith & 360 Ranch Corporation
In consideration for thc granting of a utility easement by Douglas L. Smith (Grantor), to
the City of Bozeman (Grantee) as per attached Exhibits "A" and "B", the 360 Ranch agrees to
the following:
1. The 360 Ranch agrees to replace existing fences removed during the construction
of the sewer trunk with new fencing materials in accordance with standard
practices at the sole cost of 360 Ranch Corporation.
360 Ranch Corporation
KCS;; n17/
STATE OF MONTANA
Datcd /(- /7 - t'Y
)
:ss.
COUNTY OF GALLATIN
)
On this I 7 day of
personally appeared
_ of the corporation th exccut
corporation executed the same.
, 1998, belore me, a Notary Public fix the~tc o! Montana
, known to be to be the ~
thc within instrument, and acknowledged to me that such
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residing a , /Yl. (
Mye nmissiOl xpires It <3 c:J
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STATE OF MONTANA
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COUNTY OF GALLATIN
On this /0 day of"" , 1 ~98, bcforc mc, a Notary Public flJr the State of Montana
personally appeare ;' -~ 'I :nown to me to be the person that executed the
within instrument, and acki lOwledged to me that such he/she executed thc same.
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Notary Publtc or the State 01 Montana,
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EXHIBIT "A"
Douglas Lancc Smith
Water and Sanitary Sewer Eascment
ValIey West Subdivision
8/13/98
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A portion of the South one-half (S 1/2) of Section 3, Township 2 South, Range 5 East, City of
Bozeman, GalIatin County, Montana, more particularly described as follows:
The centerlines of two 30.00 foot wide water and sanitary sewer casements being 15.00 feet each
side of and parallel to the following described centerlines:
Easement 1
Commencing at the southwest corner of said Section 3;
Thence along the South line of said Section 3, South 89059'25" East, a distance of 1319.31 feet, to
the centerline of Flanders Mill Road;
Thencc along said centerline of Flanders Mill Road, North 00050'26" East, a distance of 1417.78
feet;
Thence East, a distance of 30.08 1eet to the easterly right-of~way line of said Flanders Mill Road,
the True Point of Beginning;
Thence East, a distance of 795.29 feet;
Thence North, a distmlce of 364.00 feet;
Thence East, a distance of 1162.42 feet, to the Easterly property boundary line of Certificate of
Survey No. 1302, the end of said easement.
'fhe side lines of said easement being adj usted in length, as required, so as to begi n on the Easterly
right-of-way line of Flanders Mill Road, and ending on the Easterly property boundary line of said
Certificate of Survey No. 1302.
Containing 69,647 square feet, more or less, and subject to othcr casements of record.
Easement 2
Commencing at the East one-quarter (E 1/4) corner of said Section 3;
Thence along the East- West mid-section line of said Section 3, South 89048'40" West a distance of
838.541eet, to the Truc Point of Beginning;
Thence South 01000'24" West a distance of 864.47 feet;
Thence West a distance of 144.52 feet, to Douglas Lance Smith's Westerly property line, the end
of said easement centerline.
The side lines of said easement being adjusted in length, as required, so as to begin on thc l~ast- West
mid-section line of said Section 3, and ending on Douglas Lance Smith's Westerly property line.
Containing 30,269 square feet, morc or less, and subject to other easements of record.
Temporary construction easements are created 25 feet each side of said 30 foot easements, the lands
of which revert back to the owner upon completion of the construction phase.
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