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HomeMy WebLinkAbout13- Liebman Florist, Inc Water and Pipeline and Access Easement and Agreement Reftirn To: Cit-V ., of Bozeman-City Clerk P, 2467909 0• Box 1230 Page; 1 0...f r, Charlotte mill. !'6jfj'.2?j,3, COg,,,5,%09MTPM rl?-: $35.00 Bozeman, MT 59771-1230 MISC WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Liebman Florist, Inc., the GRANTOR(S), in consideration of$1,00 and other good and valuable consideration, receipt of which is acknowledged, grant(s) to The City of Bozeman. GRANTF.H.'. 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 ater in, filrotiall, and across a strip of land situated in Gallatin County, Montana, to 9 tP y be located on the following described real property: A tract of land, said tract being Certificate CD of Survey Number 655, said tract being located in the NW 1,X4 of Sec. 18,T2 S. R6E, P M,M., City of l3ozenian, Gallatin County, Montana. The easement is more particularly described oil tile attached Exhibit A which by this reference are made a part hereof. ]'his grant includes the right of the GRANTEE. its successors, permittees, licensees,and assigns arid 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 01-der to survey and establish tile route and location of the easernont and the pipeline and to: (1) Construct, operate, patrol. repair, substitute. remove, cialargc 1-cf)[cice, and maintain tllc pipeline, services" Coll nections. accessories and a]lpurtcllances" (2) Trim,, remove, destroy, or othervVise control any trees and brUSh in idc or outside the bOL[ndaries of the easement which n1zlY, ill the ol)iniun of the GIZANTEl", interfere 01, threaten to interfere with or [)e ha arcloa.as 10 tile cOt'st)"Iction. operation and mainicriance of,the pillclinc: (3) Grade the land subject to this easement and extent tile cants alld I ills of this grading din into and oil the land adJacent to that which is subject to this easement to tile extent GRAN'FF,1F may find reasonably necessary-, and (4) Support the pipeline across ravilies and W Itel'COUSCS With SITUctures which GRANTh,'L deeins necessary. THY," GRANTEE AGREES: (1) That, in connection Nr4th the constrlictionti operating, patrolling, repairing. subsiftutiricy L- removing, enlarginp. replacing� mid maintaining of said \,N,ater pipeline(s), it will i-epail. or L-� Z:1 I rephlee, at its sole: expense, or pay to GRANTOR(S) the reasonable value of any damages to --rowing 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 ftom 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 iii'ay have been exposed by the excavation and remains after backfilling is completed. And, it will leave the finished surface I'li substantially the same condition as existed prior to the beginning of operations Z-- except that the surface of backfilled areas may be Mounded sufficiently to prevent the f01-111ati011 Of depressions after final settlement has taken placo. THE GRANTOR(S) AGREES: (1) At no time will they build, construct, erect or maintain any permanent structure within tile boundaries of said casermnt 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 play 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, oi• an),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 sliall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this - day of . 20 LANDOWNER: I_ichili,aim Florist. Inc. 73y Si �a�ature *rinted 'll nitre 4nd talc STATE (:)I•' MON'J-ANA ss, C oui-i(v of Gallatin } Oil this day of __. 20� ; elorc 1110 tl e un ersil ned, a Notary I ubli 1' the I'tate of Mmitana., pci-son.aliy appeared y� novw ll to me to be tlrc _ q of Liobniaain Florist, hic, and the porson whose name is subscribed to the Within instrument and acknowledged to me that lie executed the within instrument for and oil behalf of Lichmanir Florist, I€rc. IN WITNESS VJIIF;REOF. I have hereunto set my ]land and affixed illy Notarial Seal the F f HFCS �Q S� Notary Public for the ;State of Montana k : Residing at'. Bozeman, Montana My Gomrr7ission Expires June Oa, 2017 Nota ry.I)ublic for the to of 11 Ilia (Printed i�arr Residing in My Commission Expire; f .75 /2 DATED this day of 2() GRANTOR CITY OF BOZEMAN A Title � M U- e-r Cit) C'lc.r x q _ 4N 4 STATE UN'f%1��I� ass County of Gallatin ) ()n this day of p tr �. 2 043. helbre me, 1 i catary I'trhlic fit° the State of Montana, pea•sonally appeared CHRIS KUKUIISKI and STACY IJ.I_,Ml,N, known to rare to be the City Manager and City Clerk, respectively, of the City ol'Borcman and the persons whoscc names arc subscribed to the within instr urnent, and acknowledged to me that they executed the same friar and ora behalf of the City of Boxe naan. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seel the day and year first above ,vr°itten. SEA AIMVe BRUNGKHrJR uoaCMa,z v PUBUG fOr the � Nil (1t morrkana esv State et a° ,Maul rtia Net r�J Public for-the State of ontar°ra art l r Ccamrrriss� rr Expires ©Fr i" Decem'Eaer D4,2016 (Printed Name) Residing at My Commission Expir-es EXHOF PUBLIC WATER PIPELINE EASEMENT ACROSS A PORTION OF CERTIFICATE OF SURV'E'Y NUMBER 655 LOCA"I'ED IN THE NW 1 4 SEC, 18,T2S,R6E,P.M.M. CITY OF BOZE:MAN,GAL.L.ATIN COUNTY, MONTANA I I I. ...m... I Ia11rl DRAWN BY': GB QUALITY CHECK DATE: $115113 JOB NC, 1112.021 � CAD No 12071EXI.dwq