HomeMy WebLinkAbout00- Cape-France, Inc; Lot 2, COS 2089 - Water Pipeline Easement
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Shelley VaMoe-Gallatin Co MT MISC 38.00
WATER PIPELINE EASEMENT AND AGREEMENT
Cape-France Inc., the GRANTOR(S), in consideration of One Dollar ($1.00) and other goods and
valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, a
municipal eorporation of the State of Montana, 411 East Main, Bozeman, MT 59771-0640,
GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain water
pipeline with the usual services, connections, accessories and appurtenances for the purpose of
transmitting water in, through, and across a parcel ofland situated in Gallatin County, Montana, to
be located on the following deseribed real property:
A tract of land located in Section 2, Township 2 South, Range 5 East, Gallatin County,
Montana.
The centerline being more particularly described in the attached Exhibits" AI", and "A2",
whieh 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 loeation 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 tree 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 maintenanee of
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Shelley Vanoe-Gallatln Co MT MISC 38.m0
the pipeline;
(3) Grade the land subject to this easement and extend the cuts and fills ofthis 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 watercourses with structures that 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 the GRANTOR(S) the reasonable value of any damages
to growing crops, existing fenees, 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 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 THAT:
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Shelley Vanoe-Gallatln Co MT MISC 30,00
(I) 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 offill material within the boundaries of said easement without
the prior written consent of the GRANTEE.
(3) The GRANTOR(S) warrant that they are lawfully seized and possessed ofthe 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.
(4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted
without any interruption by the GRANTOR(S).
The terms, eovenants 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.
By:
Its:
STATE OF MONTANA )
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GALLATIN COUNTY )
On this ~ day of~, 20~, before me, the undersigned, a Notory Public for the
State of Montana, personally appeared ~d E:. tiAfL- known to me to be the
0tf1I'de.t'\t of Cape France Inc. and the person whose name is subscribed to the within
instrument and acknowledged to me that he 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.
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Shelley Vanoe-Gallatln Co MT MISC 36.00
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ACCEPTED:
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NOT ARY PUBLIC FOR THE ST A OF MONT ANA
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My Commission expires ;7.I/'dA..... -4- ?OO)-
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CITY OF BOZEMAN
By its f\~-t:5n:e.-~
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Clerk of City Commission
STATE OF MONTANA )
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GALLA TIN COUNTY )
On this t:l1'7'" day of 0 ~ ,2000, before me, a Notary Public for the
State of Montana, personally appeared Clark V. Johnson and Robin L. Sullivan, known to me to be
the City Manger and Clerk of City Commission for the City of Bozeman and the persons whose
names are subscribed to the foregoing instrument and acknowledged to me that they executed the
same.
In witness whereof, I have hereunto set my h
written-above.
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and affixed my seal on the day and year first
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SEAL
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Shelley Vanoe-Gallatin Co "T MISe 36.e0
EXHIBIT 'AI'
A utility easement as shown in EXHIBIT 'A2', across a portion of Lot 2, Certificate of
Survey Number 2089, loeated in the northeast one-quarter of Section 2, Township 2
South, Range 5 East, P.M.M., City of Bozeman, Montana, being more particularly
described as follows:
Commencing at the northeast comer of said Section 2, thence South 86039'39" West a
distance of922.30 feet, to the True Point of Beginning;
Thence South 00041 '03" West a distance of 56.1 0 feet;
Thenee South 23051 '47" East a distance of32.33 feet;
Thence South 66001'03" West a distance of 11.00 feet;
Thence North 23052'57" West a distance of29.01 feet;
Thence North 33004'33" West a distance of 68.17 feet;
Thence North 05000'27" West a distance of 6.28 feet;
Thence North 89044'46" East a distance of 47.15 feet, to the True Point of Beginning.
Said easement contains 0.05 acres, more or less.
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EXHIBIT
"A2"
Utility Easement across a portion of Lot 2, C.O.S. #2089,
Located in the northeast one-quarter of Section 2, T2S,
R5E, p.M.M., City of Bozeman, Montana
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BASIS OF BEARING:
NORTH LINE SECTION 2
CERTIFiCATE OF SURVEY
NO. 1827.
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