HomeMy WebLinkAbout02- Farmhouse Partners; Lot 3, Minor Sub 162A Ellis St- Water Pipeline Easement
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Shelley Vanoe.Callatin Co MT MISC 24.00
WATER PIPELINE AND ACCESS EASEMENT AGREEMENT
Farmhouse Partners - Comstock III Limited Partnership, of P.O., Box 1746, Bozeman, MT
59771-1746, the GRANTOR(S), in consideration of One Dollar ($1.00) and other good and
valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, a
municipal corporation of the State of Montana, 411 East Main Street, P.O. Box 1230, Bozeman,
MT 59771-1230, the GRANTEE, its successors and assigns, a perpetual easement to lay,
construct and maintain water pipelines with the usual services, valves, connections, accessories
and appmienances for the purpose of transmitting city water in, through, and across two strips of
land situated in Gallatin County, Montana, each 20 feet wide, to be located on the following
described real property:
Lot 3, MINOR SUBDIVISION NO. 162A, according to the plat thereof, on file
and of record in the office of the Clerk and Recorder, Gallatin County, Montana,
and located in the SE 1/4 of Section 8, T2S, R6E, P.M.M..
The Easement is more particularly shown and described on the attached Easement Exhibit 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 main and sanitary 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.
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Shelley Vanoe~Gallatin Co MT MISC 24.B0
(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.
(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) agree 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 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) 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 wi II 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, covenants and provisions ofthis easement and agreement shall extend to and be
binding upon the heirs, executors, administrators, personal representatives, successors and
assigns of the pmiies hereto.
DATED this 17~daYOf ~er- ,200L.
GRANTORS:
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Shelley Vanoe-Gallatin Co MT MISC 24.~~
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COUNTY OF GALLATIN }
On this ~ day of DtC trr1bt/l...J , 200 L, before me, a Notary Public in and for
the State of Montana, personally appeared William C. Dabney III, known to me to be the
president of the Dabney Company, a Montana Corporation, 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 said corporation.
ST A TE OF MONT ANA
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
Year first above written. \\\i\\\illlllllllllllll
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NOTARY PUBLIC FOR THE STATE OF MONTANA i /' ~~1\L: \ \
Residing a~ _~~Or-g w/Y7(fn.ltlnt:fJ i~. StJ\L. j i
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ACCEPTED:
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CITY OFBOZEMAN, by its City Manager
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Clerk 9ftl{e::~~ji~ion
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STATEt)~m1ANA }
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County of Gallatin }
On this J Y'1 day of , 20~, before me a Notary Public
for the State of Mont a , ersonally ppeared CLARK V. JOHNSON and ROBIN L.
SULLTV AN, known to ne to be the City Manager and Clerk of the City Commission 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 o~.t1~b.qJ,f,gttheCity of Bozeman.
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IN WITN SS WHEREOF, I have hereunto set my h~ . "_~~.;gF~cial seal the day and
year firs ritte abo . ';l'~';";~"'P'\ '.
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