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Home My WebLink About99- Vandermolen Sewer and Water Pipeline Easement and Agreement f! W tqg ,:I,Ct 4010 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Carl H, Vandermolen, 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 a 12" water pipeline 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, Thirty (30) feet wide to be located on the following described real property: Tract 1 of Certificate of Survey No. 1256, situated in the NE 1.4 of Section 2, T1S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit "A" which by this reference is made a part hereof. This grant includes tne 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 reasonably necessary; and (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. c: \ wpdocs \forms \easement.frm updated 9/97 . THE GRANTEE AGREES: m~ 198 (i~,~t4011 (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water 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) Tolay, 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) 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. (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 easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. c: \ wpdocs \forms \easemendrm 2 updated 9/97 . DATED this 17 day of 1}1, yoi " ' 199~. nl~ 198 r~.sf4012 ""., /.4' ," /~!1 / .,i 'i" / / F ///.' .,/ /'" l ,.' :' l '...", /", t c,j.. /''/4a<{t, A ~. /" GRANTOR STATE OF MONTANA ) ) SS County of Gallatin ) tl 'f)/U1 it On this ~ day ofM , 199!1. before me the unders~ned, a Notary Public for the State of Montana, personally appeared &v/ V~JpIJ Ai() -elf.-U, known to me to be the person whose name is subscribed to the within instr~ment, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written, (SEAL) ,\\\\11"1/// \\\ ..\.. S '" ~ ~ .'~ ,....\.. ., (', .~, ~. 0V~ ,\" ...~ U t f ~ . , ... I . ~.i ',,/..... "":~ -..., ,. ~t " I l "'> .... ~.t '.'. '.... (.J "'. ,.\.,... . ~. '.oj:, y..O\ I, F", ~ Notary Public for the State of Montana :; .o;'r:. .....--.... .; "* :: Residing at .B~zeman,.Montajj. , ';:. ',n ", SEAL... ";f'} My CommisSIOn Expires /I /3/9 Y '_ ;.., . ~'S ..; , , .~_..' '''':1.)-.:.....,. t t . w . .' ~ ~~ ,<> '~l;" (>~ \' ',J~ ~ c: \ wpdocs \forms \easementJrm updated 9/97 3 , . . . ACCEPTED: ~\ \ rlP~ 198 Pi~SE401.J r _ . CITY OF BOZEMAN by its City Manager ~:/~~ Clerk of the City Commission STATE OF MONTANA ) )ss: County of Gallatin ) ~ . , 1991before me the undersigned, a Notary On this / 9 day of Public for the State of Montana, ersonally 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and ye~r first above written. l , ~ .... \ . ' '", I . ~~~ ._,of, -- '" (S~A-L) '.': . ',~~ , I J ~ ;~ ./ " '',.. /,~ ~-- /N6~*~C~~~;~ANA , Residmg at Q( ::1:::~.:K-e'--':-~ My Commissiotiexpires @/J A~9 c: \ wpdocs \forms \easement.frm 4 updated 9/97 . , , , 1 . EXH 1 BI T ' , flL W 1~~ Pil\~t4014 A A 30' WIDE WATER LINE EASEMENT TO THE CITY OF BOZEMAN. SITUATED IN A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY No. 1256 LOCATED IN THE NE1/4 OF SECTION 2. T.1S., R.5E, P.M.M.. GALLATIN COUNTY. MONTANA AND BEING FURTHER DESCRIBED AS FOLLOWS: Beginning at a point being the N1/4 corner of Section 2, said point being on the North line of said Section 2; Thence along said line N 89'44'29" E a distance of 30.00 feet; ~ Thence S 01'31'00. W 0 distance of 1325.85 feet to 0 point on the north line of Lot 5 of Annie Subdivision Phase II; Thence along said line S 89'44'08" W 0 distance of 30.01 feet to the C-N1/16 corner of said Section 2; Thence along the north-south mid section line of said Section 2 N 01"31'00" E a distance of 1325_85 feet to the Point of Beginning. Said water line easement being 0.913 acres or 39,791 Sq. Ft. SCALE: 1"=200' LOT 3 OF MINOR SUBDIVISION No. 210 Point of Beginning ./. ~.~ ~~,\ N 89'44'29" E TO SECTION 2 '" 35 / 30.00' SEC. J5 / 'in BAXTER LANE ... .....----.....- ~ ~ ~ - - g SEC. 2 - -- ... - -~, - -- ~ ;X~S~ING E~;E~~N-~ '~O THE CITY OF BOZEMAN FOR STREET PURPOSES --- f-- 30' WIDE WATER LINE EASEMENT lo IX) lo u1 co N ui P') N ~ I") ~ TR ACT 1 CiS No. 1256 w < 3:; 0 .P a 1~t:~1 ?J .0 OWNERS 5 f; CARL H. VANDERMOLEN nA . -J z 5 if) EASEMENT AREA GROSS AREA: 0.913 ACRES or 39,791 Sq. Ft. St,te of Mo~~aJO 3 4 .. . 5S --- ---- 30' WIDE WATER Courny of Ga!;atin.. LINE EASEMENT Fi!;;ti ._._..--J1A.L~__ 1999 ~-~~..I at_,,~...J_:_~~H'._'__'_"_'__,~,. M., :lnd ReCOrded i~l bock 198 ---. " C-N1/16 CORNER Of- _~. scELLANE6us......---p--:-iolO (, 1 SECTION 2 -.--________ age S 89'44'08" W ~ 1 U Hn - --.. --.--~.___~~lt.~ CUWa~~-- r--. -- ~- - ------ ---- I B ~""'ZAR.eco~OI I y - --:J),,-<r' 30.01' I EXISTING EASEMENT TO THE CITY OF , Deputy- ~ BOZEMAN FOR STREET PURPOSES Fee $.3.Q.. 00 I , LO T 5 OF RT: CITY OF BOZEMAN - ANNIE SUBDIVISION PHASE II SEPTEMBER 2. 1998 91505-2B.dwg