The URL can be used to link to this page

Home My WebLink About95- Spruce Meadows Estates Sewer and Water Pipeline Easement and Agreement , . ~ filM i52r,'S[~25.' SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Spruce Meadows Estates, Inc., 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 service, values, connections, accessories and appurtenances for the purpose of transmitting water and domestic sewage in, through, and across a strip of land situated in Gallatin County, Montana, to be located on the following described real property: The Northwest corner of Spruce Meadow Condominium in the City of Bozeman more accurately shown and drawn on attached exhibit "A" bound to and made a part of this permanent water and sewer utility easement. 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 applll"tenances; (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 casement 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. 1 %.~ \\ "11 0-0 ~g ~~ ~I .~ fiLM 152?,'S(2255 The GRANTEE agrees that: (1) That, in connection with the construction, operating, patrolling, repalflng, substituting, removing, enlarging, replacing, and maintaining of said permanent water and sewer utility 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, driveways, sidewalks, irrigation systems and other appurtenances of said land that may be disturbed by its operation. If the sewer and water improvements are not made before the driveways and sidewalks need to be completed for Spruce Meadows, it is acknowledged that the landowner(s) of the property known as "Courtyard Cottages Subdivision" will be responsible for all costs of replacement of damaged improvements at the time Courtyard has to lay the water and sewer lines. (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 topsoil 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 casement 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 .. . filM 152 rt'C[ 2255 (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 casement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this :;(~ay of (\i~t"~, 199~ KEN LECLAIR, PRESIDENT SPRUCE MEADOWS ESTATES, INC. a Montana corporation STATE OF MONTANA ) ss. GALLATIN COUNTY ) On this ~day of ~ei..... 1994, before me, a Notary Public in and for the State of Montana, personally appeared Ken LeClair, President, Spruce Meadows Estates, Inc., 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 an affixed my official seal the day ad year first above written. 3 fiLM 152i'M[2~57 The termst 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 22Nbday of 1\l'\A;14('~ , 1994. KEN LECLAIR, DECLARANT STATE OF MONTANA ) ss. GALLATIN COUNTY ) On this ~day of W\~-", 1994, before me, a Notary Public in and for the State of Montana, personally appeared Ken LeClair, President, Spruce Meadows Estates, Inc., 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 an atlixed my otlicial seal the day a d year first above written. , ~t; by its )' : /vv'-\". :j...- "-- v) . 1/"'-,-- 4 " . fiLM 152r,\Sf2253 ----, STATE OF MONTANA ) SS. 5 c:: ~ ~~ ;j::tJl) C::"D :-t~'~ ::t r- rT-) ~ ~ CJ~~ -t:::J:-r,.. ==<a<: C)~C) -...,VS:t,.. Q)~8 ~);;!C;i ~f;iVi At.rj~ <:~V) 0~ S2 --J ~ ~~ (/)t:tj (/)~ 01--1 nZ t--l ~~ ~ t:Lj (/) N ...... (') gm 0 fTlr'1 Z (/) ()3.: C )>fTl F6 ~ fTlfTl Z Zz OI G) fTl)> :lJr r rrl r Z 500 GJ zO r:'IN :z (J)fTl rrl i ~~ S3 '. (f) 3.:5: , 00 ......., Zz v ~~ ~ )>~ Z Z (]I(]I rrl 10 m :::0 ~~ (/) "'(]I :::0 t:::J r>] ~ ~V)~ CS~<: <:r-ClJ f"1j -.-, l::::J '. .." ::r>:. fji . . ['Tl A;:~ ::~ ~ ......., \ \;Ill-H\^jSS ~." ~-~ .....-........--.-..- ~ :::0 ~ n; ~ t:::J CJ ~ C) ~ c::i CJ ~ ~ ~ Vi ~I ~I n~ () ~8 :;!:IlI .-....... "- /"T-""'". ( I \ . ."._~.~;< HOOTL ("") (j) -0 - iJ :::0 :<:::00 c:-o 0("")f"Tl "f"Tl;o CD::;;::=< 09), NOZ f"TlOf"Tl ::;;::::;EI ~(j) \. \ \ \ \ \\ \ " \ '\ (9-:. ~ " " '\ \,... 1...--- . I HOg'50 l fTI)> XCtJ -)> ~z -0 Zo 0z ~)> ~:z: fTICJ ;0 ::::0 rf'l -~ Zo f'l< f'l ~ "I ~ <\\ I, ....\\ I ~.~ \oJ\\] I "0 I i ! 0J N ~~ c &===1 ----1 r ~ ~ U) ~ ----1 ~~ ..p..,- ..p..~ ~ ~7~ '" :z CJ -IU) C I 0-0----1, :::01:7" oc:-=: -0:<----1 =<rT1 U) os:::~o "~~" coCJS:::~ o 0 f'lz ----1 N:::f fTl fTlU)----1::::o ~fTl")> zU):::Oz ----10 )>S:::CJ '--l (j) fTl f'l (j) ::E z f'l, o ::::0 \ \ (9-:. ~ N (Xl ~ f; o f'l U) U) OJ C r CJ :z: C) ~ U) s::: ;--i d c :z: CJ ?:; o z ~ ::tJ c::: tl:J t'-.) ~ C) -J::>.. ~ t'-.) ~ C'D ........ CTl :=3 -,....::r.:.: a c-'-. \::::J ~:J ~'CJ ~~~ '"-j:J V, Q.. ~ <.a OJ:::i '-.J -..=. -.. c;.;::;j v" 0-) ~ ~ o co:: Ul Ul CJc -...,~ 8;g ~~ ~~ :tl~ 1::;):::0 U)""'< ~~ ----; :s;; SO o ~ r- -"'0 C)~ ...., ;:::= :-:-=: ~ (.Jl l\.) : ~..) 1 t:~ : r'--, ~;f3 (..,"'! W " I -::---.. -0 ("") .\ A;t~:h:::oO <: 'S. 0 c: C)rr; ~-o:::o :::o~;;1~Sti=< ---" ~r-l"1I =<~ - OS:;:A~ 0 I :z: ~;::j~~cU) 0 tr1<: "'-1~C: )> ~8~~ g5 0 0 ~:u:z < .1 fTl (j) <:I!i (j) ) U) =<()C:> _ a-r-, ~ .~ Pe5f) U) tr1 ~ s::: ~~Y> fTl II z :t-... ----1 0) -... C) i I I I I \ I \ I \ i '- I \! \) 1''c9~ I CD:: '-D> :E \n -H\^jSS '\ 1'-....---..' :" -", I \ ' .... ! \, i ( " ) \..... I // '". .. - ~. CD:: :E OJ:: ~ 60' R/W I~ 'L ~ co:: UJ UJ ;0 aJ - ;::0 00 I)> ----10 o~ "----1 :::::f"Tl )>::::0 -<U) ---i :::0 fTl fTl ----1 aJU)-o oeI NaJ)> fTlOU? 3::<fTl )>(75- Z_I o :z:<~ )>;::;2 ----1,_ 0,-- ()~ H -; c: c.n -<zl\] - --u o -; =:.- " (-, r~ l'..) t.) .n I...,) co:: INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE THE _ 5TH_ DA Y OF _ APRIL -' A.D., 19 _95 AT 2,27 .l:,M., AND W AS DULY RECORDED IN BOOK - 152 OF ~ MISCELLAN ORnS, PAGE 2254 - RECORDER. B DEPUTY Fee $_42.00_ RT: CITY OF BOZEMAN