HomeMy WebLinkAbout08- Sewer and Water Pipeline and Access Easement and Agreement SAAM Real Estate, Inc. Greek Way Subdivision.~_ ,
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City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
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Charlotte Mills-Gallatin Co MTMISC 21.00
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SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
SAAM REAL ESTATE, INC., the GRANTOR(S), in consideration of one dollar, and other
good and valuable consideration, receipt of which is acknowledged, grant(s) to the City of
Bozeman, a Municipal Corporation of the State of Montana, GRANTEE, its successors and
assigns, a perpetual easement to lay, construct and maintain sewer and water pipelines with the
usual services, valves, connections; accessories and appurtenances for the purpose of
transmitting water and sewer in, through, and across an irregular strip of land situated in Gallatin
County, Montana, to be located on the following described real property:
Lot 4A of the Amended Plat of Lots 4 & 5 of Greek Way Subdivision, said tract being located in
the Southeast Quarter of Section 13, Township 2 South, Range 5 East, Principal Meridian
Montana, City of Bozeman, Gallatin County, Montana.
The easement is more particularly described on said amended plat 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 GRANTOR(S) 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.
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Charlotte Mills-Gallatin Ca MTMI5C 21,00
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THE GRANTEE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said water and sewer pipeline(s), it
will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of
any damages to growing crops, existing fences, ditches and other appurtenances of said
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land that maybe 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 maybe mounded sufficiently to prevent the
formation of depressions after final settlement has taken place.
THE GRANTOR(S) 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 Inatenial 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 maybe
constructed within the easement where at the City's discretion such access is required for
operation and maintenance purposes.
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(4) The GRANTOR(S) 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(S). 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.
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II'lll 11II~ II'I' IIIIII III'I~ III'I II~II III'~I~' IIII I~~I 08813/2008 03. 17P
Charlotte Mills-Gallatin Co MTMISG 21.00
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DATED this ~ day of , 20~._.
G NTOR: SAAM REA ESTATE, INC.
STATE OF MONTANA ) a~.N" j ~e_ ~,_ 1 ~,~Wt~,1tiV~.
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County of Gallatin )
On this ~4`day of , 20.~, before me the undersigned, a
Notary Public for the State of Montan ,personally appeared, r ~ J ,
known to me to be the ~~ ~. S iC~le~" of SAAM REAL ESTATE, 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 SAAM REAL ESTATE, INC..
\\~~~~IiNlii~v'tlrT~}~TESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
d`~r`~d'~~a~far~'~~jove written.
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ACCEPTED:
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STATE f~~ N'~`,ANA )
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By
City Manager
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County of Gallatin )
On this ~ day of , 2~, before me, a Notary Public for the
State of Montana, personally app ed CHRIS A. KUKULSKI and STACY ULMEN, known to
me to be the City Manager and C y 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.
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Residing at Bozeman, Mo tana
My Commission Expires: ~/~/20~