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Home My WebLink About93- Westlake Sanitary Sewer Pipeline Easement and Agreement, 1993 ~f - !' . mil 168 PACfJI09 . . SANITARY SEWER PIPELINE EASEMENT AND AGREEMENT George Westlake, 15008 S.E. Graham Road, Vancouver, WA 98684 and Kay Martinen, 401 Sunnyslope Road, Yakima, WA 98908 (hereinafter called "Gr antor s") in cons ider ation of One Dollar ($1.00) and other goods and va luable cons ideration, receipt of which is acknowledged, grant to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59771-0640, (hereinafter called "Gr an tee" ), its successors and ass igns, a perpetual easement to lay, construct and maintain a sanitary sewer pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewage in, through, and across a strip of land situated in Gallatin County, Montana, the width and loca tion of which is descr ibed on the following descr ibed real pr ope r ty: (See Exhibit A attached) The centerline is more particularly described on the attached Exhibit A, which by this reference is made a part hereof. Th is gr ant inc ludes the r igh t 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 GRANTORS 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. The GRANTEE agrees: (1) That, in connection wi th the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said pipeline, it will repair or -. , ~ - filM 168 PACf3110 replace, at its sole expense, or pay to GRANTORS 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 operation 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 ma intain 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 GRANTORS agree: (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 the GRANTEE. (2) The GRANTORS 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. (3) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. The terms, covenants, and provisions of this easement and agreem~nt shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this2,qth day of De c..e t-llC' 1/ , 1993. ~ A:k..~~. l: U4~~ i tA:.c '" t. ,11..J1'1., George E. Westlake Kay. inen ., , . fft~,\~,~~3t1t " ~"",... ::,.t ~ .~..~~~,. :~ .~ : ~ ..,', . ~ ! iI'... '" '.:, \./ : :~4u. .:fA,.;. ,--S,,'. \...... :: : r--; i- ,.f.I', ' "~,." =--r: ~ S1'ATE OF WASHINGTON ) ~(.~\::~. .~9t( ~.l!; " C-.'.\ ~ . SSe. :.n. ,..I' - . .' -".\ .,^-' ) . -/.... / ~._,.. , County of___J\f..,: .... .,) ~_ ',!\~::.::~ :'~"y' On thi~-U da~ ~f JJ-tt-fltrQ. 1993, before me, a Notar~'p~~i~c for the State of Wash1ngton, personally appeared George E. Westlake, known to me to be the person subscribed to the within instrument, and acknowledged me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written. ,,-,.. -.-....~............ -~- STATE OF WASHINGTON ) L" :ss County of ~J/{J71"--' ) '3 .'.1 I J!} On this-.:./~ day of C-(!' , 1993, before me, a Notary Public for the State of Washington, personally appeared Kay H. Martinen, known to me to be the person subscribed to the within instrument, und- acknowledged me that she executed the same. .I.fUI"""". ~.II ., "" . ~~~\\~".~:J";~"'7...~~~ WITNESS WHEREOF,. I have hereu?to set my hand and aff1xed my t '\t... ~A':.~th~ day and year f1rst above wrltten. ~ .. ..- ,../",,\ ... .... ..,;. .''''"1 :: ~. '" 'tAL ", I:::' ~.~ ~ : ~ ... 0 ." . :;.. / _ / "/ -- . .t' '''. ."' ...... ~' ~ ~.?> p ~ \ v,. j t.} .; ,'- .. / -C c.:::t. DIZt:f ~Z_ 1", ~.-'. 'n':~'l. f~.?>:;/' NOT~R. PUBL IC FOR TH~. EiTATE OF WASHINGTON 'l;.ioJ>(;..,........(<.:,.".. Resld1~g ~t p-&:IZ. "' """'; OF ~~,\~\,,\ MyCommlsslonExp1res /o~ -::r;l-<j-/ ""1111111\"'\\\' , ;:l- _ [.l~tll S e ht)Vb ACCEPTED: ..,.'.J_-.... ( '. , 1 ~ "', -c:--.... ' .' ---.': < ' .... - ...... .><? t,Jp -----. .... ;..x--- ... ~ ITY OF BOZEMAi -~ y I ts CITY MANAGER c . , " .t',/ - ,. . .. . ntH 168 PACf 3112 STATE OF MONTANA ) :ss County of Gallatin ) On this 7th day of FEBRUARY , 199~, 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 wWose name s are subscr ibed to the wi thin instrumen t, and aCknowled,~~ lmJi"" that they executed the same. ....'.....~t'::r.........~O IN WI TNESS WHEREOF, I have hereunto set my hand and at~x~.;VJiy , seal the day and year first above written. grr:) . r :. 0.:... ",;....~ I...) : ~ ; ~... ~~, .- ~ ~ "', "".l.O\\/(' . ~ ".. "~> e.~... " '. ..' \~/ X ~)~ ,,'" " 'I' '1,1 JUNE 11. 1996 J"" ,. .'i ~ FILM 168 PACf"J113 " . . EXHIBIT A A SANITARY SEWER EASEMENT ACROSS LOTS 2 AND 3 OF MINOR SUBDIVISION No. 109 AND A PORTION OF THE UNPLATTED NE 1/4 OF SECTION 1. T2S. R5E. P.M.M. ALL SITUATED IN THE NE 1/4 OF SECTION 1. T2S. R5E. P .M.M. CITY OF BOZEMAN. GALLATIN COUNTY. MONTANA INTERSTATE-gO ON RAMP 1NrtRSil\ rt -90 ElCISTIiIO 20' 1IlE U1IU1Y EAS04ENT ~ aTY Of IOZEWAN A/W BOOK 14 IIlISC. PA.C€ 54J I[ rr ~ ,- ~ ~ ~ ~ ~ ~ - -~---- .. " 17.3~T~. 40. UllUlY I EASEMENT I : I ~ <( i!= " i!: ~/ !!5 z d!..~ LOT 4 0.468 ..ern , .~~~ A/fI ... ... 0:10 20. UllUlY ~! Lon EASEMENT ~ 30. UllUlY " -< __1IO.1J7 ~ EASEMENT II) ~ lOT 2 I)"'" " 15 3.238 ..c;r>n z ~~ lDT I LaT3 - N4~lw I lOT OAK SlJIEET Eo '/4 _ IECOlCIl , ..f III ~~ ;' .<J. ~ ~,. GRAPHIC SCALE ~.P I J200 0 100 200 400 800 ~-l_r - - J_ _ _ _ _ J ( IN FEET ) :3 :.~ 5 2 7 4 1 inch = 200 ft. Stem of Mnnt.~ County of G~H::ttln. &S FH2d for r&.:ord ~OVEMllliR.-25 ,1996 at 9: 06 ..AJit, and r:rGord~d in BO-jk ~.~_ ot MISCELLAN:2~~.____'J.lage .1109 FEE: $30.00 SbtlJu I. ~_ floclJn:lar. By 61l//.~rJA/J) ~ ~~-A , Daputv RT: CITY OF BOZEMAN