HomeMy WebLinkAbout09- Western Montana Mental Health (Hope House) Sewer and Water Pipeline and Access Easement and Agreement+~ a
Bozeman City Clerk
1":~D. Box 1230
Bozeman, MT 59771-1230
~a~ ~ 2342378
~/~ Page: 1 of 4 09!16!2009 11:19:52 AM Fee: $28.00
Charlotte Mills -Gallatin County, MT MISC
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SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Western Montana Mental Health, the GRANTOR, in consideration of One Dollar and other
good and valuable consideration, receipt of which is acknowledged, grant(s) to the Cityof
Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and
maintain 1671f (sewer) and 241 if (water) pipelines with the usual services, valves, connections,
accessories and appurtenances for the purpose of transmitting sewer and water in, through, and
across a strip of land situated in Gallatin County, Montana, to be located on the following
described real property:
Lot 4A-2 of Minor Subdivision 417, situated in the SE '/4 of Section 8 and the NE '/4 of Section
17, Township 2 South, Range 6 East, P.M.M. City of Bozeman, Gallatin County Montana.
The easement is more particularly shown on the attached PUBLIC SEWER AND WATER
PIPELINE AND ACCESS EASEMENT EXHIBIT A, 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.
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 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
Outpatient Services
Sewer & Water Pipeline & Access Easement
Page 1 of 4
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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.
(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.
DATED this z~f day of - t i , 2009.
GRANTOR
STATE OF MONTANA )
):ss
County of Gallatin )
By: c
i~
On this 2~ day of UDC U~Sy , 200,,9..}} before me the undersigned, a Notary
Public for the State of Montana, personally appeared IK~'~ ~ e rt,~c. ,~c ~, ,known to
me to be SG ot1 ~lh of ~ ~G.t /1 rat, 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 ~ES~~d->1 ~7 l~~yly i4c, ~C19~4
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
~\
Notary Public for the State of Montana
Chris G. Budeski
(Printed Name)
Residing at Bozeman, Gallatin County-
My Commissiors expires November / 11 / 2011
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Outpatient Services
Sewer & Water Pipeline & Access Easement
Page 2 of 4
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ACCEPTED:
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County of Gallatin
S.S.
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Crty Manager
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On this o~ - day of SQ~-l~~')') b~--i , 2009, before me, a Notary Public for
the State of Montana, personally appeared CHRIS KUKULSKI and STACY ULM~N, known to
me to be the City Manager and City Clerk, respectively, of 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 Notarial Seal the
day and year first above written.
Not ry Public for the State of Montana
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My Commission expires / /20
(Printed Name)
Residing at _
AIMEE KISSEIL
NOT4RV F~Vt3 LIG
FOR THE ST4TE OF MONTAN[1
RESIC>ING Ar
E30 ZEMAN, MONTANl1
MY CC>MMIS510N EJC F'IREti
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Outpatient Services
Sewer & Water Pipeline & Access Easement
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bob Murray, Project Engineer
Rick Hixson, City Engineer
Chuck Winn, Assistant City Manager
SUBJECT: Hope House Outpatient Services -Public Access Easement and Sewer and
Water Pipeline and Access Easement and Agreement
MEETING DATE: August 31, 2009
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize City Manager to sign the Public Access Easement and the Sewer
and Water Pipeline and Access Easement and Agreement.
BACKGROUND: Attached is a copy of the public access easement for the installation of a sidewalk
and a sewer and water pipeline and access easement and agreement for the above referenced project.
Engineering staff has reviewed the easements and found them to be acceptable.
FISCAL EFFECTS: None
ALTERNATIVES: As suggested by the City Commission.
Attachments: Easements
Report compiled on: 8/25/09