Loading...
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. ~. ): ;r~f I 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 ",\~'\'~ld~!~ding at ,-,,"\"~ ~~ \. :-.t!Y ,,"f,'~~1 i 5 S ion ~.... ....;.fI.'.,...... ,...(,"1,. }.~.." .': c \ 's' 'E"<ti;. -j,\? ~ " .~ ''''" rt.,J.J." \. ,,::, ~: ( I.'" ... ~~ ~. i SE..t~L 1 ,: ACCEPTED: ~ ill.,,,, ill ~ ..... . ... ,.... "'). -"'. 11". ,..:: ~.... A If....... d.~ \ \,~ :/...., , l"~rfl ! 01" T r\"~ r ..'I!~""~ 'I .: ;. ~",' , 1IIIIIHI411I\"\ , o (~..,.m....,,, , ~'') (\ ,) " "- .~ ~.. ~, \"-.\;t.' 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. . ''"~ ~ r_t') . I, . '. '::{ . '.' ,. " "t.:"-' ,..,......,';'\~ "" f'~I'J 1,.~1 ~.. ,............ '1 f J f f, II , ; ii' ,j \ ~ I." \"'1' 1/93 " 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