HomeMy WebLinkAbout86- Smith Water and Sewer Easement, 1986
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filM 94 PAGE 4606
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
property:
SE~, Section 2, Township 2 South, Range 5 East, 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 estatblish 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 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
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aw 94rEf4607
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) In connection with the construction, operating, patrolling,
repairing, substituting, removing, enlarging, replacing and
maintaining of said 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 ease-
ment 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
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flM 9.4rM;E 460.8
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-
ment shall extend to and be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns
of the parties hereto.
IN WITNESS
t>j~ da y 0 f 9I/!t{
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WHEREOF, the sa~d parties
, 1986.
DATED this
of the first part have
hereunto set their hands and seals the day and year first above
written.
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~/'R H. SMITH "
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ROSALIND I. SMITH
STATE OF MONTANA
County of Gallatin
City of Bozeman
ss.
On this /8t1t day of
Public in and for said S
ROSALIND I. SMITH, known
subscribed to the within
they executed the same.
t 1986, before me, a Notary
e- personally appeared ROGER H. and
o me to be the persons whose names are
instrument, and acknowledged to me that
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A16t, y pub1-.-ic for the State
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Residing at Bozeman, Montana
My Commission Expires: IO-.!t~81
CITY OF BOZEMAN
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Clty Manager
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ATTEST:
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Clerk of the 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