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
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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.
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ACCEPTED:
By ~ O~ E
City Manager
ATTEST: ~.
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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
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(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: _1 /20
AIMEE KISSEL
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FOR THE STATE OF MONTANLI
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E30ZEMAN. Mc~N7ANA
MV COMMISSION EXPIRES
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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 , ~~
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~~w N 200 N ~ / ~~~'
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N 82°44 20" W ~5og' ~~ ~ w r
5.51'
NEWS .I.P.
POINT OF~ / / ~-CLASS 51)
BEGINNING / ~ FIRE HYDRANT '~
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TANGES-FIRE-EASEMENT.DWG BOZ-06015.02 02/27/2008 DWP