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HomeMy WebLinkAbout09- Sewer and Water Pipeline and Access Easement and Agreement, Buffalo Ventures LLCBozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Buffalo Ventures, LLC, a South Cazolina limited liability company with an address of 17 Lockwood Drive, Chazleston, South Carolina, the GRANTOR, in consideration of $1.00 and other good and valuable consideration, receipt of which is acknowledged, grants to The City of Bozeman, 20 East Olive Street, P.O. Box 1230, Bozeman, Montana, 59771, 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 water in, through, and across a strip of land situated in Gallatin County, Montana, twenty (20) feet wide to be located on the following described real property: Lot 2A of the Amended Plat of Lots 2 and 3, Block 3 of the Amended Plat of Block 3 of Tange's Subdivision. Situated in the NE'/4 of Section 1, Township 2 South, Range 5 East, P.M.M., said strip more particularly described as follows: Beginning at the corner common to Lots 1, 2A, and 4 of the Amended Plat of Lots 2 and 3, Block 3 of the Amended Plat of Block 3 of Tange's Subdivision, thence N 82°44'20" W, 5.51 feet along the line between said Lots 2A and 4; thence N 19°33' 12" W, 38.43 feet; thence N 70°26'48" E, 20.00 feet; thence S 19°33'12" E, 41.28 feet; thence S 71°51'41" W, 15.09 feet along the line between lots 1 and 2A to the Point of Beginning. This 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~~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, enlazge, 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 hazazdous 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 2331659 ~~-T1Yp ~~7~ Page: 1 of 5 05!29!2009 09:36:35 RM Fee: $35.00 Charlotte Mills -Gallatin County, MT MISC I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII VIII IIIIIII III VIII VIII VIII IIII IIII 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. THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water pipeline, 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 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(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 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(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. e:\...\swpipe.eas ACCEPTED: By ~ O~ E City Manager ATTEST: ~. ', ,,, Ciek ~1 ~' a SITE L?F MONTA~~~~ ) ' ~ , ~ ~ . ,~) ss. On this 13'H'day of ~-( , 2 0~, before me, a Notary Public for the State of Montana, personally appeared C RIS A. KUKULSKI and STACY ULMEN, 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. (SEAL) Not Public for the State of Montana \ \~~~\111 I 1111 ///~~~ / ~~~~~E~K~S ~~i \~ P Std` NOTIIRIIIL '.~ S£PiL • *~ /~~oFim` ~\~\\\\\ (Printed Name) Residing at Bozeman, Montana My Commission Expires: _1 /20 AIMEE KISSEL NOTARY F~V[3 LIC FOR THE STATE OF MONTANLI RESICIIN ~.: 11T E30ZEMAN. Mc~N7ANA MV COMMISSION EXPIRES 1 Z - U~l - ZO 1 Z e:\...\swpipe.eas EXHIBIT A WATER PIPELINE & ACCESS EASEMENT LOT 2A OF THE AMENDED PLAT OF LOTS 2 AND 3 OF BLOCK 3 OF THE AMENDED PLAT OF BLOCK 3 OF TANGE'S SUBDIVISION LOCATED IN THE NE1/4 OF SECTION 1, T.2S., R.SE., P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA Zo 10 0 20 1"-2~' .- LOT 2A _ - W FAR a6~oRPN~ TANGE'S SUBDIVISION ~ ~ ~~ ENE 20 00 AMENDED BLOCK 3 e~ ~v , ~~ - .- ~ 0 26 q.8" ~ / ~~w N 200 N ~ / ~~~' F ~, ~. qTE~ R~Fwi~~ ~ ,, ~ ~SeMeti e 2' N~ , i' % ~c~~10W \\ ~ c~ iii/\\ R~PR~PL `~ ~ , ~ N 82°44 20" W ~5og' ~~ ~ w r 5.51' NEWS .I.P. POINT OF~ / / ~-CLASS 51) BEGINNING / ~ FIRE HYDRANT '~ ~ SERVICE `~ / / / / WP~R w / / M p,~N '" i ~ LOT 1 i i w / i i ~' ~ LOT 4 i i \ i i TANGES-FIRE-EASEMENT.DWG BOZ-06015.02 02/27/2008 DWP