HomeMy WebLinkAbout90- Westland Enterprise Public Utility Easement and Agreement, 1990
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RT: City Of Bozeman PUBLIC UTILITY EASEMENT AND AGREEMENT ".~..~/
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WESTLAND ENTERPRISE, INCORPORATED a Montana corporation, ~-.",-.
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hereinafter referred to as "Grantor," in consideration of One
Dollar ($1.00) and other good and valuable consideration, receipt
of which is hereby acknowledged, grants to the CITY OF BOZEMAN, a
municipal corporation of the State of Montana, located 411 East
Main Street, Bozeman, Montana 59771-0640, hereinafter referred to
as "Grantee, " its successors and assigns, a perpetual public
utility easement to maintain an existing storm drain pipe with
the usual services, valves, connections, accessories and
appurtenances for the purpose of transmitting municipal drainage
water across a strip of land owned by Westland Enterprise, Inc. ,
a Montana, situated in Gallatin County, Montana, and being more
particularly described as being a twenty (20) foot wide easement
for an existing storm drain pipe located in Block 47 and a
portion of vacated McAdow Avenue, in the Northern Pacific
Addition to the City of Bozeman, being ten (10) feet on each side
of the following described centerline:
Beginning at the intersection of the centerline of the
easterly-westerly alley in Block 49 of said Addition
and the west line of vacated McAdow Avenue; thence
southeasterly along the centerline of said existing
storm drain pipe as now laid out, said line also being
the extension of the centerline of said alley in Block
49, to the west line of vacated McAdow Avenue; thence
southeasterly along the centerline of the storm drain
pipe as now laid out a distance of onc hundred thirty
(130) feet more or less to a point which is ten (10)
feet beyond the end of said pipe as now constructed.
'ehe twenty-foot (20 I ) permanent public utility easement is
shown on attached Exhibit "A," which by this reference is made a
part of this perpetual easement as though fully set forth herein.
This grant includes the right of the Grantee, its
successors, permittees, licensees, and assigns ane] i-ts and thf-dr
agents and employees, t.O enter at all times upon the
above-.described land by a route causing the least damage and
inconvenience to the Grantor in order to survey and establish the
route and location of the easement and the pipeline and to:
l. Construct, operate, patrol, repair, substitute, remove,
enlarge, replace, and maintain the pipeline, services,
connections, accessories and appurtenances;
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r1LM 111 PAGE 1594
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 t,he 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.
'1'he G:r'antee agrees:
1. That, in connection with the operating, patrolling,
repairing, substituting, removing, enlarging, replacing, and
maintaining of said twenty (20) foot storm drain pipe, it
will repair or replace, at its sole expense, existing
fences, paved surfaces, permanent fixtures and other
appurtenances on said land that may be disturbed by its
operation.
2. That, during operations involving excavation of said
public utility, it will only use said twenty-foot (20' )
permanent public utility easement to stockpile excavated
material, temporarily maneuver and place labor, equipment
and materials used during construction, operating,
patrolling, repairing, substituting, removing, enlarging,
replacing and maintaining said public u.tility.
3. To lay, construct and maintain said pipe in such a manner
that will not hinder or prevent the ingress or egress of
vehicular or pedestrian traffic using property owned by the
Grantor.
The Grantor agrees that:
l. At no time will it build, construct, erect or maintain any
permanent structure within the boundaries of said easement
without the prior written consent of Grantee.
2 . The Grantor warrants that it is laHfully seized and
possessed of the real property described above, that it has
a lawful right to convey the property, or any part of it,
and that it will forever defend the title to this property
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against the claims of all persons. FILM 111 PAGE 1595
3 . 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.
WESTLAND ENTERPRISES, INC.
C~.
By Its President
ATTEST:
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Corpor te ~cretary
WESTLAND ENTERPRISES, INC.
STATE OF MONTANA )
: ss.
Gallatin County )
On the 13th day of April , 1990, before me, a
Notary Public for the State of Montana, personally appeared
Robert G. Simkins and Georqia J. Simkins
known to me to be the President and Corporate Secretary, resp., of
WESTLAND ENTERPRISES, INC. that executed the foregoing Public
Utility Easement and acknowledged to me that they executed the
same for and on behalf of said corporation.
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./' c~:~~.l..Jf~~ESS WHEREOF, I hc:,:e here'7nto set my hand and affixed
-:/~..~~~~.'o..r?~e day and year Ilrst wrltten above.
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ACCEPTED: c;7l)
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Y OF BOZEMAN
its City Manager
ATTEST: ." i
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Clerk of _ the Cr:CY.^'COInffilSSlOn
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STATE OF MONTANA )
: S5.
Gallatin County )
On this 13th day of April , 1990, 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 respectively, of the
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FILM 111 P~GE 1596
City of Bozeman, whose names are subscribed to the within
instrument and acknowledged to me that they executed the same for
and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my seal on the day and year first written above.
!iQ.T~i!:'. ,,11 :'J.f:' {~f Montana
Ec-~f~ . g,'a't::,~B;pzeman
:~i '1);12 , isrsi.~~expires August 4, 1992
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McADOW AVE. (VACATED)
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EXHIBIT A
STORM DRAIN EASEMENT
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EA SE M E N ............................ '.'
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