HomeMy WebLinkAbout96- McKenzie, Water Well and Access Easement and Agreement WATER WELL AND ACCESS EASEMENT AND AGREEMENT
William David McKenzie, of Bozeman, Montana, 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,
411 East Main, Bozeman, MT 59771-0640, GRANTEE, its successors
and assigns, a perpetual easement to lay, construct and maintain
a water well with the usual services, valves, connections,
accessories and appurtenances for the purpose of transmitting
water 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:
All that part of the NW1/4 NE1/4 of Section 7 in Township 2
South of Range 6 East, M. P.M. , including within the
following metes and bounds, to-wit : Commencing at a point in
the North line of said quarter section, 8 rods East of the
Northwest corner thereof; thence running East 100 feet;
thence South 126 feet ; thence West 100 feet; thence North
126 feet, to the place of beginning, the same being a piece
of ground situate in the Northeast corner of what is called
and commonly known as "Perkins and Stone Addition" , to the
City of Bozeman, Montana.
The easement is more particularly described as follows :
Beginning at the Southeast corner of said Tract of land
described above; thence West 100 feet; thence North 20 feet;
thence East 100 feet; thence South 20 feet to the point of
beginning, as shown on the attached 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
in order to survey and establish the route and location of the
easement and the well and to:
(1) Construct, operate, patrol, repair, substitute, remove,
enlarge, replace, and maintain the well, 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 well;
(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
THE GRANTEE AGREES THAT:
(1) That, in connection with the construction, operating
patrolling, repairing, substituting, removing, enlarging,
replacing, and maintaining of said water well, 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 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.
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(3) That, in consideration for GRANTOR granting this easement,
the GRANTEE agrees to perform certain work on GRANTOR' S
property as described on Exhibit "B" which by this reference
is made a part hereof .
THE GRANTOR AGREES THAT:
(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 well and appurtanences 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) 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 he 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.
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 73'- day of :J,4"V LA 4ra, 1996.
William David McKenzie, GRANTOR
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STATE OF MONTANA )
ss .
GALLATIN COUNTY )
On this day of zL 199(r, before me, a
Notary Public in and for the State ` f Montana, personally
appeared i)uQiA k1 c hrn2'( c. known to
me to be the person whose name is subscribed to within this
instrument and acknowledged to me that they did execute the same .
In witness whereof, I have hereunto set my hand and affixed
my official seal the day and year first above written.
NOTP,RY PUBLIC FOR TBE STATE OF MONTANA
Residing at
My Commission expires S 3 lr
SEAL
ACCEPTED:
CITY OF BOZEMAN
by its
ATTEST:
Clerk of the City Commission
STATE OF MONTANA )
ss .
Gallatin County )
On this day of 199 before me,
a Notary Public for the State of Montana, personally appeared
James E. Wysocki and Robin L. Sullivan, known to me to be the
City Manager and Clerk of the City Commission known to me to be
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 hand and affixed
my seal on the day and year first written above.
NOTARY PUBLIC FOR THE STATE OF MONTANA
Residing at
My Commission expires
SEAL
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PROPOSED
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1 I i ( PROPOSED
WELL & ACCESS
EASEMENT
PROPOSED WELL & ACCESS EASEMENT
0 50 100 FEET
PERKINS & STONE TRACTS
CITY ENGINEER'S OFFICE 12/95 SCALE: 1" = 50' EXHIBIT "A"
EXHIBIT "B"
I am signing this easement based on the representations of the City of Bozeman that
once the easement is signed, they will perform certain work on my property as detailed in the
letters to me dated December 14, 1995 and January 10, 1996.
Dated this Z 3"I day of January, 1996.
William David McKenzie