HomeMy WebLinkAbout99- Springer Sewer and Water Pipeline Easement and Agreement
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F /1. M 204 PMr1.1d.t;
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGltE'l~T
Lowell W. Springer, Partner , of SMZ Partnership ,the GRANTOR, in consideration of One
Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants
to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman,
MY 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 water and wastewater in, through, and across a strip
ofland situated in Gallatin County, Montana, fifteen (15 ) feet wide to be located on the following
described real property: Beginning at the northwest comer of Lot 2 of the amended subdivision plat
of Lot 3A-3 of the amended subdivision plat recorded on Book of Plats G" Page 22-D, being a
portion of Block 3, Kirk Subdivision Number 4 located in the SE 1/4 of Section 11, T2S, R5E,
P.M.M" City of Bozeman, Gallatin County, Montana: thence from said point of beginning North
89035'57" East a distance of230,66 feet: thence South 9035'00" East a distance of 15.21 feet: thence
South 89035'57" West a distance of233.21 feet: thence North 00001'06" West a distance of 15.07
feet to the point of beginning. Said easement area being 2.319,35 square feet.
The easement is more particularly described on the attached Exhibit A 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 ofthe 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 ofthe 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
FIlM 204 P^CE1346
(4) Support the pipeline across ravines 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 pipeline, it will repair or
replace, at its sole expense, or pay to GRANTOR 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.
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 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.
2
(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.
DATED this
.6day of
/'
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Not~ Public f?rtIi;State ofMont~
ResIding at .' /
My ConnyiSSion Expires /
CORPORATE
STATE OF MONT ANA
)
) ss.
)
COlmty of Gallatin
On this ~ day of
State of Montana, personall app
mo~ti1InlN of
subSCribe!YJ1 . .~ instrument and ackno
behalf of ). .Jng~
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year
first above written.
19--, before me the undersigned, a Notary Public for the
known to me to be the
and the person whose name is
ecuted the within instrument for and on
(SEAL)
.;.~.~-.
~'Lf1~
Not Public for the State of Montana
Residing in Bo= M~
My COmmISSIOn ExpIres '1..~
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ACCEPTED:
~~-~~.. -.-
--. --:~
?1fiy~~
erk of the CIty COmmISSIOn
CITY OF BOZEMAN
by its Ci ty Manaqer
(SEAL)
UJ.1~w~ ~U'l/~/L-
Notary Public for eState 0 . ontana
Residing at Bozeman, Montana
My Commission Expires: 3jzslo.~
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ~ day of ~/ , 19~, before me, a Notary Public for the State of
Montana, personally appeared CLARK V'. JOHNSON and ROBIN L. SULLIVAN, known to me to be the City
Manager and Clerk of the City Commission for the City of Bozeman and the persons whose names are subscribed
to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of
Bozeman.
IN WITNES S WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first
above written.
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EXHIBIT' A'
SEWER PIPELINE EASEMENT
filM 204 nnlJ48
LOCATED IN LOTS 2 AND 3 OF BLOCK 3, KIRK SUBDIVISION NUMBER 4 LOCATED IN THE
SE 1/4 OF SECTION 11, T2S, RSE, P.M.M, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
NOOd01'06"N
15.07'
N89d3S'S7"E
230.66'
POINT OF BEGINNING
SEWER EASEMENT
S89d35'57"W
233.21'
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LOT3
LOT2
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ALUMINUM CAP
BEGINNING AT THE NORTHWEST CORNER OF LOT 2 OF
THE AMENDED SUBDIVISION PLAT OF LOT 3A-3 OF THE
AMENDED SUBDIVISION PLAT RECORDED ON BOOK OF
PLATS G, PAGE 22-D, BEING A PORTION OF BLOCK 3,
KIRK SUBDIVISION NUMBER 4 LOCATED IN THE SE 1/4
OF SECTION 11, T2S, R5E, P.M.M, CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA; THENCE FROM SAID
POINT OF BEGINNING NORTH 89d35'57" EAST A
DISTANCE OF 230.66 FEET; THENCE SOUTH 9d35'OO"
EAST A DISTANCE OF 15.21 FEET; THENCE SOUTH
S9d35'57" WEST A DISTANCE OF 233.21 FEET; THENCE
NORTH 00d01'06" WEST A DISTANCE OF 15.07 FEET TO
THE POINT OF BEGINNING. SAID EASEMENT AREA BEING
2,319.35 SQUARE FEET.
LEGEND
SYMBOL
DESCRIPTIOti
~
SEWER EASEMENT AREA
(2,319.35 S.F.)
f
N
0'
I
so' 100'
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SCALE
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402511
FEE: $24.00 (CRG) H
RT: CITY OF BOZEMAN y-,
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