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Home My WebLink AboutF2 Creekwood Sub_Water_Sewer Easement WHEN RECORDED/RETURN TO: Edgefield, L.L.C. 430 N. Ryman, 2nd Floor Missoula, MT 59802 WATER AND SEWER PIPELINES AND ACCESS EASEMENT AND AGREEMENT KNOW ALL THESE PERSONS BY THESE PRESENTS: EDGEFIELD, L. L. C., of Missoula, Montana, hereinafter referred to as the GRANTOR, in consideration of One Dollar ($1 .00) and other good and valuable consideration, receipt of which is acknowledged, grants to the CITY OF BOZEMAN, a municipal corporation of the State of Montana, hereinafter referred to as GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain water and sewer pipelines with the usual services, valves, connections, accessories and appurtenances forthe purpose of transmitting waterand sewage in, under, through and across a strip of land situated in Gallatin County, Montana, thirty (30) feet wide to be located over, under and across the real property described on Exhibit A attached hereto and incorporated by this reference herein. C:\Documents and Settings\User\My Documents\Clients\Oakwood Properties, LLC\Pipeline Easement REVISED.wpd The easement herein granted is perpetual in nature and intended to be, and shall be appurtenant to and run with the land as more particularly described and depicted on the attached Exhibit A. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns and its agents and employees, to enter at reasonable times the above-described land by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the GRANTOR 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 (within the parameters of the easement granted herein), replace and maintain the pipelines, services, connections, accessories and appurtenances; (2) Trim, remove, destroy or otherwise control any trees and brush inside 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, existence, 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 C:\Documents and Settings\User\My Documents\Clients\Oakwood Properties, LLC\Pipeline Easement REVISED.wpd (4) Support the pipelines 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 pipelines, GRANTEE 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, GRANTEE 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; and (3) To lay, construct and maintain said pipelines in such manner as will not hinder or prevent the proper cultivation of the tract to which this right-of-way is hereby granted. 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 CADocuments and Settings\User\My Documents\clients\Oakwood Properties, LLc\Pipeline Easement REVISED.wpd 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) warrant 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 up on the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. 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. CADocuments and Settings\User\My Documents\Clients\Oakwood Properties, LLC\Pipeline Easement REVISED.wpd p.6 DATED this _ day of U�t-`t 2006. GRANTOR: EDGEFIELD, L. L. C. By: 44W44-- P� JAMf S PATRICK CORRICK, President, Guinness Partners, Inc. Its: Managing Member STATE QF MONTANA � Ss. County of Missoula ) On thisr�day of �� , 2006, before me, a Notary Public for the State of Montana, personally appeared JAMES PATRICK CORRICK, President of Guinness Partners, Inc., the managing member of Edgefield, L.L.C. and known to me to be the person whose name is subscribed above, and acknowledged to me he executed the same with the powers vested in him on behalf of the limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal as of the day and year first above written. `�� t••...rr.�f��i, 41j(1/"CC �� ;• •;t? '�. Notary Public for the State of Montana (SE j �0 OTARj Residing at M15SULAJC My Commission Expires $ I' �/f�@ ter...•..•' �`�\ C I Documents and Seth,-iqs\User\My Documents\Clients\Oakwood Pro parties, LLMPipeline Easement REV ISED,wpd ACCEPTED: CITY OF BOLEMAN By City Manager ATTEST: City Clerk STA"I'E OF MONTANA ) ss. County of Gallatin ) On this day of , 2 , before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKI and BRIT T. FONTENOT, 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 written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at Bozeman, Montana My Commission Expires: / /20 I ' IA SE LEGAL DESCRIPTION 1 A 30.00 foot wide Easement for Public Utility Purposes, over. under and across a portion of the Northwest Quarter of the Southeast Quarter of Section 32, Township 1 South, Range 6 East of I P.M.M., Gallatin County, Montana, described as follows: y Beginning at the northeast corner of ED VOGEL SUBDIVISION NO. 1, according to the plot thereof, 1 on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and being the Northeast Corner of the Southwest Quarter of the Southeast Quarter of said Section 32; thence westerly 270' 00' 41', assumed azimuth from north, 2626.00 feet along the north 4ale In Feet line of said ED VOGEL SUBDIVISION NO 1 and MOUNT BALDY SUBDIVISION, according to the plat II thereof, on file and of record in said office of the Clerk and Recorder; thence northerly 000' 350 I 0 350 00' 41" azimuth 30.00 feet; thence easterly 090' 00' 41" azimuth 2625.39 feet; thence southerly 178' 16' 29" azimuth 30.01 feet, to the point of beginning. 4 Area = 52,514 square feet, 1.2055 acres or 4,878.7 square meters. 100 1 0 100 TRACT 3, COS ON FILM 12, P. 825 I Scjale In Meters 34' WIDE PUBUG UTILITY EASEMENT 4 I 90'00'41" 8" WATER MAIN I d-o _ _ __ _ �L,� --- 0L'i 00 0 0------------------------------------- _ ----------- _ ------____—_----------------------------------_ o f- —TT7-TTi`TTrTTrTTrT7777T-TTt-TTi TTI"TT'TTl-T I FT-F FT-- O a MJ l l l l l l l 1 1 1 1 1 1 1 1 1 1 s1��lrIII IIIIIII ! 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