HomeMy WebLinkAboutExisting Water Easement Lot 2 Blk 21 - Doc no 2248526 III 111111
IN oil 11111111111111
���Illl 2248526R
Sheller Vance-Gallatin Cc MT MISC 28.00
City Clerk
P.O. Box 1230
Bozeman, NIT 59771-1230
WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Westworks Building Company, Inc., the GRANTOR(S), in consideration of one dollar
($1) and other good and valuable consideration, receipt of which is acknowledged,
grants to the City of Bozeman, GRANTEE, its successors and assigns, a perpetual
easement to lay, construct and maintain water pipelines with the usual services, valves,
connections, accessories and appurtenances for the purpose of transmitting
in, through, and across a strip of land situated in Gallatin County, Montana, twenty-five
(25) feet wide to be located on the following described real property:
Lots 1 , 2, & 7 of Block 21 , Cattail Creek Subdivision Phase 3, situated in Section
35, T1 S, 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 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 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.
I�IIII�I� III III � IIIII III IIIIIIIIII 1111111111111111 �248f 4
THE GRANTEE AGREES. Shelley Vance-Gallatin Cc MT MISC 28.00
(1) That, in connection with the construction, operating patrolling, repairing,
substituting, removing, enlarging, replacing, and maintaining of said
pipeline, 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 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.
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 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) That where the subject improvements are not located under improved public or
private streets or other provided access, a 12 foot wide all-weather access road
may be constructed within the easement where at the City's discretion such
access is required for operation and maintenance purposes.
(4) The GRANTOR warrants 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.
(5) 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.
2248526
9e3of4IIIIIIIIIIIIllllII1IIIIIIIIIIIIIIIIIIIIIII I1111I 006 09:21 A
��// Shelley Vance-Gallatin Co MT MISC 28.00
DATED this�day of 12006.
W stworks Building Company, Inc.
By: Justin Tribitt, President
STATE OF MONTANA )
ss.
County of Gallatin )
On this (A day of Oc+,Obtr , 2006, before me the undersigned, a
Notary Public for the State of Montana, personally appeared, Justin Tribitt, known to me
to be the President of Westworks Building Company, Inc., and the person whose name
is subscribed to the within instrument and acknowledged to me that he executed the
within instrument for and on behalf of Westworks Building Company, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
\0\11111I111111r/Z�!'i
,`��' • '�� otary Public for the State of Montana
(SEAL) NO 4R�q< : n= cai� vine lD' �oenern
N•• _ : Z (Printed Name)
y . • � Residing in ')duerna r\
My Commission Expires �q aI /200�
ACCEPTED:
F CITY OF BOZEMAN
by its AJK4 -rf�
EST" � ,
City Cterk ;
STATE OF MON ANA )
) ss.
County of Gallatin }
On this 2-6 day of 2006, before me, a Notary Public
for the State of Montana, personally appeared CHRIS KUKULSKI and BRIT
FONTENOT, known to me to be the City Manager and City Clerk 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 year first above written.
ary Public for the State of Montana
pRIA� .
(Printed Name)
= CO Residing at Bozeman, Montana
y�c•, 5�.•gQ My Commission Expires: // 2 /20L
eA...\swpipe.eas / �0F�
5
IIEl II I11 11III IIIIII IIIIII III IIII IIIIII iiii 111 248f 4
Shelley Vance-Gallatin Co MT MISC 28.00
i4
Ha �
wo �
� 5
w q o
V x oo $
� o
N
'-� z &
G4 a E" s
h�l W U rr
w z3
1-40 uS c►
Qi c
Z �; wARVO WAY
ch �
x O
� a �00
0 cn
O r r
� II O Z
U� ,n
M J O
Ir
II II