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HomeMy WebLinkAbout09- Gallatin County Sewer and Water Pipeline and Access Easement and AgreementBozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Gallatin County, 311 West Main Street, Bozeman, Montana 59715, a Political Subdivision of the State of Montana, the GRANTOR, in consideration often dollars and other good and valuable consideration, receipt of which is acknowledged, grants to the City of Bozeman, 121 North Rouse Avenue, Bozeman, Montana 59715, 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 wastewater and water in, through, and across a strip of land situated in Gallatin County, Montana, thirty (30) feet wide to be located on the following described real property: Tract A and Tract B of Certificate of Survey No. 691, and Parcel II described on Film 134, Page 358 of Gallatin County records all being located within the Southwest Quarter of Section 12, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana. The 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 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; e:\...\swpipe.eas i J ~~ 2331663,2009 09:36:35 AM F harlotte Mills -Gallatin County MT ee. $3MISC IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINI~I IIIIIIII (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. THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewer and water pipelines, it will repair or replace, at its sole expense, or pay to GRANTOR 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 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 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 e:\...\swpipe.eas persons. (5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. 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. DATED this I Z day of ~,~cri , 20~_. GALLATIN COUNTY, a Political Subdivision, State of Montana By: Chairman, Boar of Gallatin County Commissioners STATE OF MONTANA ) ss. County of Gallatin ) On this ~ day of ~~~-~~ ` , 20 ~~ before me the undersigned, a Notary Public for the State of Montana, personally appeared R. Stephen White, known to me to be the Chairman of the Board of Gallatin County Commissioners 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 Gallatin County. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. ~,• ~ ~(~.s ~ .v ~~ ' cn)q Q `.:, 0 i 1~6 Public for the State of Montana (Printed Namg~ Residing at ~ ~"~~~ ~`-~ ' My Commission Expires r /x/20 ~ Z e:\...\swpipe.eas ACCEPTED: ,$ ~~ r ~, . "~ ~ City Cl rk ~ ~ :- k ' ,'... V/ kG.' ~. ST`AB`°(~F~~TTANA ) .~c t~ ) ss. County of Gallatin ) CITY OF BOZEMAN By City Manager On this r1~day of }~an ~ , 2~, before me, a Notary Public for the State of Montana, personally appeared CHRIS 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 ~~I IK I//~~~~/ ~~~~'' f~ .. SS iii ~~~~ ~ ~. F = ~~ NoTnRinL~.~ :*` * ~, A, ~~ L (SEAL) ~ ~~..~~. sE ...~~ 'i/ f of rn°~~~~ Not Public for the State of Montana p~MEE KISSEL NoTnRV F'VBLIC FOR THC STATE OF MONTANA HL_SIUING AT (Printed Name) BC)LEMAN. MONTANA MV CUMM15`->1'~N tXNIRES Residing at Bozeman, Montana ~ ~ - ~ ~, - ~ ° ' z My Commission Expires: _/ /20 4 e:\...\swpipe.eas PARCEL II FILM 134, PAGE 358 S89 03'46 "W S89 °09'03 "W 370.12' 101.42' S89 09'03"W 320.00' 589°ll '32 'W - - -5,8217.149,-,W - - 107.89' --~ -------- -I .. 578°11 32 "W I 31.50' I I I~. I EXIST. UTIE. R/W I I ~~ ~ OF 30' WIDE SEWER I AND EASEMENT PER I I ". & WATER EASEMENT I FILM 11, PAGE 1514 ~~--y~ ~.Z I I I ~.o ~ .~ ~ v .~ C.O.S. 691 TRACT B N89 09'03'E U 320.00' I I I of I~ ~I I~I~I ~: I~ ~I I ~ ~- . °' I I TRACT A ~: ~N ~ C.O.S. 691 I I I ~ ~ OF 30' WIDE SEWER & WATER EASEMENT I o I I I ~ I I ~, :~ \ ~ ~ ~ I I~ ~ ~ I I ~ ~ ~ ~~ ~ I ~ OF 30' WIDE SEWER ~ ~'~~ ~ & WATER EASEMENT ~~~ ~~ I I II ~ ~ I ~ ~ ~ ~ \ I I EXIST. 45' R/W AND 1 EASEMENT PER FILM N01°1947"if'1 I PAGE 18 445 56.50 I I I I , ~- ----J ~ N01°1947"W ~ S89°22 39 "W I ' 136.08 ~ 36.32' ~- ------ • N88 56'04'E ' ' N89 09 57'E 130 35' 665.98 N89 57 55 E . 29.73' STAHLY 7585 Shedhorn Drive 4 ~~'~"- 3530 Centennial D Bozeman, MT 59718 ~~~[~~' Helena, MT 59601 Phon°:(408)522-9526 Phone:(406)442-8594 Fax:(406)522-9528 Fax:(406)442-8557 N88 22'42'E 29.69' T I I II II I~ I~ to S89 09'03"W 151. 73" ~ ' S89°32 39 "W ^ o 188.61 ' ~O ~ ° _ --- -- 35.86' o o ~ N89 09'03'E 751.45' I No it II N45°08'51 "W 49.72' 0 50 100 200 IN FEET EXHIBIT A SEWER AND WATER EASEMENT TRACT A & B, C.O.S. No. 691 AND PARCEL II FILM 134 PAGE 358 LOCATED IN THE SW a ,SECTION 12, T. 2S., R. 5E., P.M.M. GALLATIN COUNTY, MONTANA DESIGNED: CADD: APD CHECKED: AOR DATE: 2-20-09 SHEET 1 OF 1