HomeMy WebLinkAbout09- Gallatin County Sewer and Water Pipeline and Access Easement and Agreement (2)~o;~~~Y~la~ City Clerk
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Bozeman, MT 59771-1230
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Charlotte Mills -Gallatin County, MT MISC
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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 pipelines with the usual services, valves, connections, accessories and
appurtenances for the purpose of transmitting wastewater 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:
Tract A of Certificate of Survey No. 691, 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;
(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 sewer pipeline, 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
persons.
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(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 ~-? - day of -~1t~,QtL+c.~-1 , 20~.
GALLATIN COi1NTY, a Political Subdivision, State of Montana
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Chairman, Board of Gallatin County Commissioners
STATE OF MONTANA )
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County of Gallatin )
On this ~ day of 1~ Y'r"~`~ , 20~, before me the undersigned, a
Notazy Public for the State of Montana, personally appeazed R. Stephen White, known to me to
be the Chairman of the Boazd 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.
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for the State of Montana
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STATE OF MONTANA )
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County of Gallatin )
CITY OF BOZEMAN
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City Manager
On this ~'~' day of ,sari / , 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 ab\\\\\\v~tlt~S~//////
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Not Public for the State of Montana
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(Printed Name) AIMEE KISSEL
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Residing at Bozeman, MOntan~oR THE STATE OF MONTANA
LSIUING AT
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