HomeMy WebLinkAbout00- White, Sewer and Water Pipeline, 2000
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1""_-""" ".".! SMelley Vance-Gallatin Co MT MISC 36,00
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Allen Brandon White of 3636 Lucerne Vista, Yucca Valley, CA 92284, the GRANTOR, 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 ofthe 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 pipeline with the usual services, connections,
accessories and appurtenances for the purpose of transmitting wastewater and water in, through, and
across a strip of land situated in Gallatin county, Montana, (30) feet wide to be located on the
following described real property:
The easement is more particularly described on the attached Exhibits "A" and "B" 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 in order to survey and establish the route and location of the easement and the
pipelines 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 pipelines;
(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 pipelines across ravines and sewer and water courses with structures which
GRANTEE deems necessary.
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
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Shelley Vance-Gallatin Co MT MISC 36,00
removing, enlarging, replacing, and maintaining of said sewer and water pipelines, it will
repair or replace, at its sole expense, or pay to GRANTOR 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 ofthe 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 pipelines in such manner as will not hinder or preventthe
proper cultivation of the tract to which this right of way is hereby granted,
(4) To construct a gravel access road, 12 foot wide and level with the surrounding area, along
said pipelines to the "L" and "T" shaped turnaround areas as detailed by Exhibit "B", Also
construct a 12 foot wide gravel road between the turnarounds and place 6 inches of topsoil on
the said gravel road level with the surrounding areas as detailed by Exhibit "B", Said road
will be used for maintenance and service of the pipelines.
THE GRANTOR 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 pipelines 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 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
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Sh.ll.y Vanc.-Gallatin Co MT MISC 38,00
without any interruption by the GRANTOR.
The terms, covenants and provisions ofthis easement and agreement shall extend to and be
bi ndi ng upon the heirs, executors, administrators, personal representatives, successors and assigns of
the parties hereto.
DATED this ci-Co day of , 2000.
W~
STATE OF C d-LL'xo./L-ru')tt--
C/
A\ )ss: ,
COUNTYOEv~~ w50 t?7.a---..~
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On thIs c) <0 Clay of u..-.fl~'. ,2000, before me, a Notary Public 111 and
for the State of ~. ~d ~ __p[rsonally appeared Allen Dnl.1ldol1Whitc,,- known t~e to be .. _
A t..T}.,I.cr J.llnf pu-d..sa>VJ4 . J2...<;iSt5-<Jr.l~ c:;'
the person whose name IS subscribed to within this instrument antac~nowledged to me t at t;'e did
execute the same,
In witness whereof, I have hereunto set my hand and af11xed my official seal the day and year
first above written,
fi!~. ~~ li-~~~7i::l-1
No ry Public for the State of C:-zL--L~~-~ '. ..",. NofayPublic-Cc!ifcmlo '~..'
/ " '. . \" San Bemm:i'ino Camty
Residing at i:fUC!-Cr::L---- U~. ~. . "~ Mtcanm.E:q:i"B'rl',prl3.:'ml'
My Commi~on Expires ~~ "/-:3 ,d. oe) / i:l.
SEAL
ACCEPTED:
~~--
CITY OF BOZEMAN
By its Ci ty Manager
ATTEST:
~:I~
Clerk of the City Commission
STATE OF MONTANA )
)ss:
Gallatin County )
On this I q day of -< ~l//(A ,2000, before me, a Notary Public for
the State of Montana, personally app~ared City Manager, Clark V, Johnson 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 arc subscribed to the foregoing instrument and acknowledged to me that they
executed the same,
In witness whereof, I have hereunto set my hand and affixed my seal on the day and year Erst
wri tten above,
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. Utiliry Easement Agreement 111111111111I111111111 ~~;~1r:~~,
V II W t S T k Shelley Vance-GallaUn Cc MT MISC 36.00
a eyes ewer run
Allen Brandon White & 360 Ranch Corporation
In consideration for the granting of a utility easement by Allen Brandon White (Grmltor), to
the City of Bozeman (Grantee) as per attached Exhibits "A" and "B", the 360 Ranch agrees to the
following:
1. The 360 Ranch agrees to replace existing fences removed during the construction of
the sewer trunk with new fencing materials in accordance with standard practices at
the sole cost of 360 Ranch Corporation,
2. In addition, the 3 60 Ranch Corporation shall pi ace, at its so I e expense, approxi mate I y
1,200 feet of 6 inch drain pipe bedded in washed rock and wrapped with fi Iter fabric,
in the bottom of the existing ditch which parallels the Grantor(s) south property
boundary,
The existing ditch will be filled with the material located in the berm directly north of
the ditch. The material shall be placed in a manner suitable to the Grantor(s) to
establish a grade at the top of the ditch which matches the grade of the adjacent
ground,
360 R<W-Ch-€urpo ation
G aid Win.r
~Ctf Dated ..Jg/~/6CJ
STATEOFfY7~~cn~ )
)ss:
COUNTY OF~j7V'~ )
Onthis 1..3.~ dayof~L ,2000, before me, aNotary Public for the
StjL\e of ~'^ personally appeared dVhl'htl:rl.6)~ known to be the
t:l o.(\;itJ ~ - of the corporation that executed the 'in instrument, and
acknowledged to me that such corporation executed the same,
~~db /)). ~
N tary Public for the State of r17 ~ ~/V"" \ \ \ \ \ I " "I
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Residing at cL7..-y)f ",\ ~'" '1-,' 8B'A-~ 111I
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My Commission.' . ires ~/r ~::.:.~<.., ._ D "".:(~,-:-~~_
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Allen Brandon Wh ite, Grantor . (, ';;/0.\. .:" '.'. oj. ~.. --. ' .r-. :i. ;..J. ,',.::.'........:
J'~'~4Jl, f"'\-T^ ""'_.y:r.... ,'--<;';,,'"
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STATEOF ~(/....~ . /111111111\\\"
~. )ss, ,
COUNTYOF /~~.<&.-)~
On this oJ&, "tZ day of ~ ~ . ,2000, before me, a N.otary Public for the State
of~.1~p---. , personally appeared ~<<.... h~,knowntometo
be the person that executed the wiThin instrument, 3p.d ackno,-,vledged to ~e that he/she executd the
~
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. . - CommlSSlOn fI. J ]
N tacy Publie for the Stale of /~-- .; ~ j~. . Notay PubrlC - co~ ~
Residing at (/ (! cLz 0 . ~. j V San Bernadino county f
My Commission Expires /3. .".) 0 c) / _ __ _~~ExpiresAJ:r13,2Il.l
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11:\2885\004\EASEMENT\A Whitt:, wpd
Page 4 of 5
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EXHIBIT "A"
William T. Carmon
John A. Cannon
John James White
Allen Brandon White
Tracy W. Messina
Water and Sanitary Sewer Easement
Valley West Subdivision
8/11/98
A tract ofland located in the Northeast one-quarter (NEl/4) Section 3, Township 2 South, Range
5 East, City of Bozeman, Gallatin County, Montana, described as follO\vs:
The centerline of a 30,00 foot wide water and sanitary sewer easement being 15.00 feet each side
of and parallel to the following described centerline:
Commencing at the East one-quarter (E 1/4) Corner of said Section 3;
Thence along the East section line, said Section 3, North 01 001'47" East, a distance of 12,5 feet;
Thence parallel to the East-West mid-section line, said Section 3, South 89048'40" West, a
distance of 15,0 feet, to the True Point of Beginning of said easement centerline;
Thence North 01 001'47" East, a distance of 43,0 feet;
Thence parallel to the East-West mid-section line, said Section 3, South 89048'40" West, a
distance of 824.0 feet,
Thence South 0 1 001'47" West, a distance of 55.5 feet, to the East-West mid-section line, said
section 3, and end of said easement.
The sidelines of said easements being adjusted in length as required so as to begin 12.5 feet
Northerly of the East-West mid-section line, said Section 3, and end on the East-West mid-
section line, said Section 3,
Containing 27,677 square feet more or less and is subj ect of other easements of record.
A temporary construction easement is created 25 feet each side of said 30 foot easement, the
lands of which revert back to the owner upon completion of the construction phase,
.,
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