HomeMy WebLinkAbout08- Sewer and Water Pipeline and Access Easement and Agreement Bruce Jeske~ze~aan qty +~I~rk
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SEP AID '~V',~T PP~ZI'~E I~~ A`~C A,~~~EIT I~I~ AIV~I
Brace eSke, +GRAT~R, in consideration of 1.~ and for other and valuable considerations,
receipt of which is acknowledged, grants to The pity ~~` ozenaan, municipal carporatic~n cif t
Mate +~~' I'ontana, with offices at 41 East Main, o~ema~a, Montana 5~~1~ RA~1T~, its
successors and assigns, a perpetual easement to lay, construct and ~.aintain sewer and water
pipelines with tlae usual services, valves, connections, accessories and appurtenances for the
purpose of transmitting water and sewage in, thxa~~gl~, and across a strip o laid situated is
Cxallatin Co~.ty, l'antana, .~ feet wide to be located on the following described real property:
I~ot , Block 4 of Cattail Creek subdivision, Phase 1, on ale and o record in the o~'~ce of the
t~alatin County clerk and retarder, situated in the w' '/~ of section S, Township I youth,
Range ~ fast, P,I~I.., said strip being more particularly described a follows:
Beginning at a point on the easterly rght~af~way limit of ~larth 2~1th Avenue, said point being
4a°~' ', 8 Feet from the southwest corner of said Lot ~; thence Bona said Paint of
Beginning, I°~~'~" , 3.~ feet; thence 4°4'~~" ~, l(~. feet;
theme ~°a~'~" .~9 feet thence Sa4'tl" '~V, 2~~:78 feet to a non~tangent curve;
thence clockwise along a ~~.~ foot. radius curve, through an internal angle of 6~ I'4 a ", an arc
distance of ,`~+~ feet chording 1~ 11 °~'7" w, .~~ feet); thence ~9"4~'~" , I i 2. feet;
thence l~ fI°l~'Z" ~, .(l~ fact; thence 89~°4'(~l~" ~. fact; thence ~ ~3°'~" ', ~.~
The easement is more particularly described an the attached Bxhibit A which by this
reference is made a part hereof:
This grant includes the right of the +RAT~E, its successors, permittees, licensees, and assigns
and its and their agents and employees, to enter at all tunes upon the above~descried land by
using existing roads or trails ar otherwise by a rau~e causing the least damage and inconvenience
to the RAID( in order to survey and establish the mute and location of the easement and
the pipeline and to:
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Charlatk~ Mills-~allaklrt Co h17~ITSC 35 pp
{ ~ an~trnt, operate, patrol, repair, substitute, rerrloe, enlarge, replace, and maintain the
pipeline, services, co ectioaas, accessories and appurtenances;
~~~ Trim, remove, destroy, or otherwise control any trees and brush inside or outside tl~e
boundaries of the easement which may, in the opinion cif the +A~1TE~, interFere or
threaten to inter~'ere wiil~ or be hazardous to the construction, operation and ~.aintenance
o~`the pipeline;
~ Grade the land subj ect ~ this easement and extend the cuts and ~ls ~ this ~radn~ ~nt~
and on the land adjacent to that which is subject to this easement to the extent t~~.A.TE
may end reasonably necessary; and
Support the pipeline acres ravines and eater courses with structures which ~rl~A~1EE
deems necessary.
TAE ~fi~~ ~~5 e
~ What,.. in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said water suer pipelines, it will
repair or replace, at its sole expense, or pay t~ ~1T+{}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 excavatian, it will remove the topsoil from the trenched
~~~: 2 ~~ ~
3lafil~448 ~i ~6P
C~arlokk~ Mils-G~llakn ~a f~~'MISC 5 0Q
constructed within the easement ~vllere at the City" discretion such access is required car
operation and. maintenance purposes.
(} The GRAI~T~I~~}warrants that they are lawfully seized and possessed of the real
property described above, that they have a lawful right to convey the praperty, nor any part
of it, and. that they will ~drever defend the title to this property against the claims of all
persons.
~ The RAI~IT~ may peaceably held and enjoy the rights and privileges herein granted
without any interruption by the RITE). TI~e terms, covenants and provisions of
STATE gip' ~N~I.
I WITNESS wI~ERE, I have hexunto set my hand and affixed nay notarial Seal the
day and year first above written.
CCEpTEI:
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CITE' ~ B~ IVIA.N
by
City lUlanager
rage:,3 of a
p3lQ6i~E108 ~~ :~~P
~harlak#e dills-~allaiin Co ~1TMI5C 35,a
T'PST:
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qty ~i~r~~~~_
Ifi'IT1E ~~C~', I have hex~eunt~ ~~ ~.y lead aid afed ~~ ~tar~a Seal tie
day and year first above written.
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G~arlaEte l~i~ls-Galatia Ca ~1~'MI'~~G 35.0
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