The URL can be used to link to this page

Home My WebLink About07- Water Pipeline and Access Easement and Agreement for Schwartz Bozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Jason R. Schwartz, with an address of 907 Jessie Way, Bozeman, Montana 59715, Janice L. Schwartz and James R. Schwartz, with an address of 1 Hitching Post Lane, Bozeman, Montana 59715, the GRANTORS, in consideration of $1.00 and other good and valuable consideration, receipt of which is acknowledged, grant to the City of Bozeman, a Municipal Corporation of the State of Montana, with offices at 411 East Main Street, P.O. Box 1230, Bozeman, Montana 59771, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain a water pipeline, approximately 275 feet in length, 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, 30 feet wide to be located on the following described real property: Lot 3A , Block 2, Cattail Creek Subdivision, Phase 3, NW ~, Sec. 35, T. 1 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana The easement is more particularly shown and described on the attached "Exhibit B" which by this reference is 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 ) ~KI"M 111111111111111111111111111111111111111111 111111111111/ g;;~~~~p .fhar!E.!_te MJ..!.!s-Ga1latinCo MTMISC 35.00 (4) Support the pipeline across ravmes and water courses with structures which GRANTEE deems necessary. THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repamng, substituting, removing, enlarging, replacing, and maintaining of said water pipeline, it will repair or 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 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 GRANTORS 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 ofthe 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 GRANTORS 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 GRANTORS. 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 1111111111111111111111111111111111111111111111111111111 ~~7~~?~~:P Charlotte Mills-Gallatin Co MTMISC 3S.00 D.. m ~ U) ;.:. .......Lll '" I~_r- ('f') 0 g r--- '" ~ N;,;~ m_ N~b iiiiiiiiii '" !!!!!!!!!!!!!!! 0 -~ - - iiiiiiiiii -u ==== ~ iiiiiiiiiiiiiii ~. !!!!!!!!!!!!!!! ~ _0 _u ==== <: -::: -~ iiiiiiiiiiiiiii -;;; -<'> =. -.. ---< ---< _.~ =E: -~ -~ -0 ---< _L' !!!!!!!!!!!!!!! ~ _U assigns of the parties hereto. 1) ::r DATED this tL day of &.t-' c ,2001. STATE OF MONTANA ) ):ss County of Gallatin ) On this _Iqtb- day of 1 M , 20n, before me the undersigned, a Notary Public for the State of Montana, personally appeared Jason R. Schwartz, know to me to be the person whose name is subscribed to the within instrument 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 yero:,.p1'~'~b6V&/~itten. ~.... V. I /,;';: S'tf .' ..'-/\S'0 ~~~TAR/~~'~ ~ * : -"- . ~ S . SEA' L .*~ --(j') . ~ ~ ~.. . ~S ~1l'~" .'~S '1-: .... ~~ '/,( OF MQ~"\ IN.~ *(i/f - ...~,"l rllll/l" II 111\\\\1 DA TED this2~day of J\1 \fIJ , 20ll. OL~ James~R. Schwartz ~ / a~ ,~~L{;;;;L- /Janice L. Sch z . . ~V ) ):ss County of Gallatin ) On this ;J.6~ day of '- ~ LU ,20(]l , before me the undersigned, a Notary Public for the State of Montana, personally appeared James R. Schwartz and Janice L. Schwartz, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. STATE OF MONTANA IN W~~~~~r\V~REOF, I have hereunto set my hand and affixed my Notarial Seal the day and y~'&.Mt.~above wJtts;n. ~ ~~ . . '. ." OJ ~ ~ c/EAirO~Ail\I..q~..t~ V . :;; * . "- . = ::;: . S'l'.~ .::: ~ (/).' ....:A,L . * 2 ~". -."" of .-::- ~ "11.. . . ~ ~ 'r.. . . ..::".~ ~ ~ ". . . . .' \>'-" ~ '011//0,.: /.-iON" ~",~ 1111/ II/III \II I\'\\~ ACCEPTED: .. ;;TC~~ Chris Kukulski STATE OF MONT ANA ) )ss. County of Gallatin ) On this ~1J.- day of the State of Montana, personally appeare , 2lt8., before me, a Notary Public for CHRIS KUKULSKI and BRIT T. FONTENOT, -# known to me to be the City Manager and City Clerk, respectively, of 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 Notarial Seal the day and year first above written, ~\\\"U"'IIUtUII" ~~:t;;.~ B1SA~' S~N ,-..... .."t.-~ AI L} __ . . , ~ \, fir : ~() I f.RI4i',~ W = * . -'- . m : . ~ <p'., SEAL : *! %~'. ,'-s-"!('~ ~ i~' , . , ._'({tf ~ ~.I.l11 OF MO~ ~\# :I"II"IIli\\\\\\\\~ My Commission Expires ~I ~(j) 120~ rinted N~ Residing at C5Z€ rr:lLLn. 1111111111111111/ 1/111/ /11111/111111111/1111/1/111/ 111/ ~:~~~?:~:p Char lot te uMi lls-GaJ la tin Co MTMI_SC 35.00 . ,...., ,...., ;:{ <( \0 r:-! o M O'l I"- o o N r:::- ,...., - I"- ~ "'0 ..-:, N UJ . \:0 <;j N \0 o - \0 <;j N \0 o - \0 o - ~ l:J .. ~ ~ LOT 5 00 .~ co L{). ~O Of'.- on co ---\,----- LOT 7 EXHIBIT B WA TER PIPELINE AND ACCESS EASEMENT CATALYST STREET (LOCAL) 270'15' 40" 287.32 78.39 j 30 00 II ------i- -- __I r --- ----- - I, II 1 111,15 115111 I ... -.-.. -. 't.......)I.',,'....,.].I',.,'.'....., 1 ",' , Tli IT'r' [,^\:X'NFi">jT _ NT PROPOSED 30'_UTLlTY EASEMENT I: 1 I .'____ _ __ __ _ _. __ __ ~ C .j ,1,1 ._, i ~ ~ ~ I cO ~ 'I-q- 0 Nco I ~ II I II 1 Ii :1 /'11 II I EASEMENT AREA II I II 7450 Sq Ft j 0.1710 ACRES, I I: :1 L~ : 30.00 I 2.70'15' 40"..._ 01"') --q- n L{). ~co "-q- oN co ..- LOT 3A [';<!,::,TliK, 27' ~:>U[3UC Accr:;~:; r_ A::, [ ~! [~~ T.-, '- "'-/ i I .-- -- - -- -- t- - I I I f i i ! I i ~ i I j I I j ( I I I I I i '" -- ""7" """ ............ le_al 50 I I 15 Scale In Feet o 50 ~ I o 15 Scale In Meters Engineering end Surveying Inc:. 1091 SWnlllidg. 0"".". SolO""". MT 597'8 Phone (401'11587-1115' fa<(40!1) 587.87!18 W'NW.che"'gine~s.,Gotrl ... info@chengi:nf1"t'lMl..tom Sheet 1 of 1 #06246(E2) 111111111111111111111111111111111111111111111111111111I ~~7~~?i~~p Charlotte Mills-Gal~...tin c.c:...!!!MISC. 35,00