HomeMy WebLinkAbout86- Smith, Water & Sewer Easement (3) 1986
filM 94f'AGE 4597
WATER AND SANITARY SEWER PIPELINE EASEMENT AND AGREEMENT
ROGER H. and ROSALIND I. SMITH, a married couple of 2305
Durston Road, Bozeman, Montana 59715, GRANTORS, in consideration
of Ten Dollars ($10.00) and other good and valuable consideration,
receipt of which is acknowledged, grant to the City of Bozeman, a
municipal corporation of the State of Montana, 411 East Main Street,
Bozeman, MT 59771-0640, GRANTEE, its successors and assigns, a
perpetual easement to lay, construct and maintain water and sanitary
sewer pipelines with the usual services, valves, connections,
accessories and appurtenances for the purpose of transmitting water
and sanitary sewerage in, through and across a strip of land situated
in Gallatin County, Montana, fifteen (15) feet wide on each side of
the centerline to be located on the following described real propety.
SE~, Section 2, T2S, R5E, P.M.M., City of Bozeman, Gallatin
County, Montana.
The centerline is more particularly described on the attached
Exhibit "A," which by this reference is 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 GRANTORS in order to survey
and establish the route and location of the easement and pipelines
and to:
(1) Construct, operate, patrol, repair, substitute, remove,
enlarge, replace and maintain the pipelines, 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 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
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ftlM 94 PAGE 4598
(4) Support the pipelines across ravines and water courses with
structures which GRANTEE deems necessary.
The GRANTEE agrees that:
(1) In connection with the construction, operating, patrolling,
repairing, substituting, removing, enlarging, replacing and
maintaining of said water and sanitary sewer pipelines, it
will repair or replace, at its sole expense, or pay to GRANTORS
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) During operations involving excavation, it will remove the top
soil from the trenched area to a depth of one foot, or to the
full depth of the top soil, whichever is less, and stock pile
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.
The GRANTORS 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) The GRANTORS 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.
(3) The GRANTEE may peaceably hold and enjoy the rights and privileges
herein granted without any interruption by the GRANTORS.
The terms, covenants and provisions of this easement and agree-
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FILM 94 PAGE 4599
ment shall extend to and be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns
of the parties hereto.
DATED this
/ RTft
day
of ~
saiC'p ~ies
1986.
IN WITNESS WHEREOF, the
of the first part have
hereunto set their hands and seals the day and year first above
written.
~~~,~ J. LL~
ROSALIND I. SMITH
STATE OF MONTANA
County of Gallatin ss.
City of Bozeman
On this ~ day of
Public in and for said St
ROSALIND I. SMITH, known
subscribed to the within
they executed the same.
ersonally
o to be the
instrument, and
1986, before me, a Notary
appeared ROGER H. and
persons whose names are
acknowledged to me that
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Y Pub the State
Lof ontana
Residing at BOZeman, Montana
My Commission Expires: /0-/1'-80/
CITY OF BOZEMAN
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By ;-----/ ,"\, \.' ""
Its: ~ity Manager
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ATTEST:
ft'j'~ ,. ". / '. ," .
Clerk of th~ Commission
STATE OF MONTANA
County of Gallatin ss.
City of Bozeman
On this 27th day of October 1986, before me, a Notary
Public in and for said State, personally appeared JAMES E. WYSOCKI
and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk
of the City Commission respectively, of the City of Bozeman, whose
names are subscribed to the within instrument and acknowledged to
me that they executed the same for and on behalf of said City.
IN WITNESS whereof, I have hereunto set my hand and affixed
my Notarial Seal on the day and year in this certificate first above
written.
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Notary Public for the State
of Montana
Residing at Bozeman, Montana
My Commission Expires: .1(-,3 iJ-8?
Flt~ 94 PAGE 4600
EXHIBIT "A"
WATER AND SANITARY SEWER EASEMENT AND AGREEMENT
ROGER H. AND ROSALIND I. SMITH
City of Bozeman
Beginning at a point on the east line of said Section 2, said point
being S02003'59''E a distance of 20.01 feet from the northeast
corner of said southeast one-quarter of said Section 2 (east one-
quarter corner Section 2); thence along a line 20 foot southerly
and parallel to the centerline of Oak Street S89022'10''W a
distance of 128.34 feet; thence S34028'22''W a distance of 224.29
feet; thence S89022'10''W a distance of 571.97 feet to a point on
the easterly line of Annie Subdivision, Phase I, and the centerline
of Charolet Street, said point being the end of easement.
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State of Mont.. CoU'l'lty of Gallatin. $S Filed for record December 18 t
at 11: 21A M., and ~ec~rded in Book 94~2.. MISCEL;ANEOU}
g~ d(. Wuu: Recorder. By' p-o.-'/J!J t":- ~;c6
Rt: City of Bozeman $20.00
I lS 86
pag~7
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