HomeMy WebLinkAbout93- Stewart, Sewer and Water Easement, 1993
Diane Stewart
, of
F\L'~ 135 r~G[ 770
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Anthony Wayne Corporation
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 services, valves,
connections, accessories and appurtenances for the purpose of
transmitting
water
in, through, and across a strip of land
situated in Gallatin County, Montana,
thirtv
(30 ) feet
wide to be located on the following described real property:
A portion of Tract "B", Certificate of Survey 475B
The centerline is more particularly described on the attached
Exhibit{s)
"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 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 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
that which is subject to this easement to the extent GRANTEE
may find r~asonably necessary; and
1
replacing, and maintaining of said
water
rlL~ 135 ri\CE ,771
(4) Support the pipeline across ravines and water courses with
structures which GRANTEE deems necessary.
The GRANTEE agrees that:
(1) That, in connection with the construction, operating
patrolling, repairing, substituting, removing, enlarging,
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 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.
(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 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.
(3) The' GRANTOR(S) warrant that they are lawfully seized and
possessed of the real property describ~d above, that they
2
rlL~ 135 P,\Ct 7,72
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 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 1/0 yI- day of
~?:
, 1993.
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STATE OF MONTANA
55.
GALLATIN COUNTY
On this ~(r- day of ~I , 19Q3, before me, a
Notary pub~c jn a~, for the ~tat~of Montana, personally
appeared ~:'), S'-tLuJ(:,-.,d;:- , 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
my official seal the ay and year first above written.
NOTARY PUBLIC
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ITY OF B-fZEMAN ~
by its c-",'-l rn l1'
STATE OF MONTANA
ss.
Gallatin County )
On this (flL day of JWI..Y , 19'11, before me,
a Notary Public for the state of Montana, personally appeared
James E. Wysocki 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 ~y hand and affixed
my seal on the day and year first written above.
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EXHIBIT "A"
r1~'" 1.35 r.\Gf 773
ILX
WATER MAIN EASEMENT
A 3D-foot wide tract of land located in the Southwest one-quarter
of Section 9, Township 2 South, Range 6 east, P.M.M., Gallatin
County, Montana, described as follows:
Easement A
Commencing at the Northwest corner of Tract B, Certificate of
Survey 475B, recorded in the Gallatin County Recorder's Office,
thence South 74009'49" East, a distance of 35.00 feet to the
point of beginning for this easement, said easement being a water
main easement, 30.00 feet in width, lying 10.00 feet easterly of
and 20.00 feet westerly of the following described line;
Thence South 15050'11" West, a distance of 107.00 feet to a point
hereinafter referred to as Point "A".; Thence South 15050'11"
west, a distance of 35.00 feet;
Containing 4260 square feet.
EASEMENT B
Commencing at said Point A, thence South 74009'49" East a dis-
tance of 10.00 feet to the point of beginning for this easement,
said easement being a water main easement, 30.00 feet in width,
centered upon the following described line:
Thence South 74009'49" East, a distance 20.00 feet;
Containing 600 square feet.
c:\2537\EASE.A&B
June 15. 1993
~~:~~~/ 2'0597
OFFICE OF COUNTY RECORDER)
COUNTY OF GALLATIN )
STATE OF MONTANA )
Fee $10.00 Shelley M. Che!l~Y
Rt: City of Bozeman
THIS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON
THE 25th DAY OF August , A.D., 1993
AT 4: 22 PM., AND WAS DULY RECORDED IN BOOK 135
OF MISCELLANEOUS RECORDS, PAGE 770
RECORDER. BY 7--lt 7QttTt\ () QMtlKJlJ7'-.----- DEPUTY