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Home My WebLink About04- Westlake, George & Martinen, Kay; Westlake Park, BMX Track - Water & Sewer Pipeline and Access Easement ,.- < . 111111111111 Imllllllll III 111111111111 111111111111 1111 ~:t~jr:~: . #," WATER AND SEWER PIPEL';:::;:~:~l::S::~ .:: AGRE~~~T I~ATr~ George Westlake, 15008 S.E. Graham Road, Vancouver, WA 98683 and Kay Martinen, 401 Sunnyslope Road, Yakima, W A 98908, , the GRANTOR(S), in consideration of One Dollar ( $1.00) and other good and valuable consideration, receipt of which is acknowledged, grant to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59771.1230, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain water and wastewater pipeline(s) with the ususal services, valves, connections, accessories and appurtenances for the purpose of transmitting potable water and wastewater in, through, and across a tract of land on the following described real property: Located in the Southeast Ouarter of Section 1. Townshio 2 South. Range 5 East P.M.M. From the Pont of Beginning at the Southwest Comer of the Homestead ( Townhouses). in the City of Bozeman. Gallatin County. Montana: Thence S89058'45" E at a distance of 100.00' along the South Property Line of said subdivision: Thence SOooOl 'lS"W at a distance of30.00': Thence N89058'45W at a distance of 100.00' to the west property line of Block 1 Westlake's 4th Subdivision: Thence NOoo01 '15"E at a distance of30.00' along the west property line of Block 1 Westlake's 4th Subdivision to the -pont of becinnin~. Said Tract of land being 0.0689 Acres. The easement is more particularly described on the attached Exhibit A which by reference is made a part hereof. This grant includes the right of the GRANTEE. its successors, permitees, licensees, assigns agents and employees, to enter at all times upon the above-described land by using Page 1 , #. 1111111111111111111111111111111111111111111111111111111 ~~t~~r:~ ~p Shelley Vanoe-Gallat1n Co MT MISC 36.00 ,,--..-. '''''.-..------....---...--......- 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 for the purposes of : (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 ofthe 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 and wastewater 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. (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. 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 pipeline in such manner as will not hinder or prevent the proper cultivation and mowing of the tract to which this right- of -way is granted. Page 2 , . 111111111~lllllImlllllllllllllllllllllllllllllllll ~~;~:.~r~~p Shelley Yanoe-Gallat1n Co MT MISC 36.00 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 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 upon the heirs, executors, administrators, personal, representatives, successors and assigns of the parties hereto. k'h. DATED this I Co day of C!\J--o b l.r ,2003. /~f-,.- y~ ~ . 'tfl George E. Westlake, Grantor Kay H. me", antor STATE OF WASHINGTON ) :ss. County of Clark ) On this --1!i day of CJe-f , 2003, before me, a Notary Public for the State of Washington, personally appeared George E. Westlake, known to me to be the person subscribed to the within instrument, and acknowledged me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and Page 3 . . . ,. IIII~I II nlll~~IIIIIIIIIII~111 ~III~IIIIIIIII ~;~~r~ ~p Shellev Yanoe-Gallatin Co MT MISC 36.00 year first above written. ( al) : r.- ! 9 ' Prin~~re: ~(sn~r se . ......,,' 'l.I'" - .... i,Hi:/" ' ..I \v /,:"8' ',." '"," "/ .r.!lI... ..' ..-l\l . NOTARY PUBLIZ OF THE ~ATE OF WASHINGTON . ;".,,\.01 ARY' ~.~ . , .. Residing at: ta r ~ . / ~ "'UUt.\C ,.. : ("- .,;11~~...\ ,.' f'(,~~J /' ~ My Commission Expires: 'f,~ r:.cy ...' ...."r../'.J ~~~.~~ ~",..' "'......".tP. STATE OF WASHINGTON ) :ss. County of Yakima ) On this /0 7cty of OrP TO!3Ee ,2003, before me, a Notary Public for the State of Washington, personally appeared Kay H. Martinen, known to me to be the person subscribed to the within instrument, and acknowledged me that she executed the same. /S) ~f( ~.~/ Print Name Here: D~u / D L. u.11 LM AN NOTARY PUBLIC OF THE STATE OF WASHINGTON Residing at: LI,q. k' , M A My Commission Expires: /.J-i I J J.o(J 6 , ... -., " . . . 11111111111111111111111111111111111111111111111111111 ~:1~~6~ 2~P Sh.ll.y Y<<no.-Gallatin Co MT MISC 36.00 State of Montana ) :ss. County of Gallatin ) On the 10th day of May 'JD~ before me, a notary public for the State 1 ~ntana, personally appeared GIao - ~- and Robin L. Sullivan, known to me to e n~ Manager and Clerk of the City Commission, respectively, of the City of Bozeman, whose names are subscribed to forgoing instrument, and acknowledged to me that they execute the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. (Seal) ;':el.. ", Signature: \l{~~VVL. ~(0vVi (I~ ",..~ Il~~~ ~t"" l:/ .' 4" (''' ...? ... 0'; IV 0 ..... (Print Name Here):~ ~vt fl (b(LnT~e<( ....: '''''1 /< '..;... ~f," '- ' '7"?:l ('1 ;' ...: :;.0 '. l"<', NOTARY PUBLIC FOR THE STATE OF MO TANA : ~ ~ ~t;"::-" ~ Residing at: l307~ '-. T~. ,1,1' ..... _ :::--- :~',.~ .... '\"'t[~A ,...... ., Ii.~ ......,. "~tt \.. ." ~,~.. ..:\~ ".~, '\ I My commission expires: I 2-<=; lL{')~? . ..,. '1,;. ~:,~':..: Page 5 _. ..______._._ .._ .....___________..._.._..n_________._.... _... .. .__n. . · 1111111111111111111111111111111111111111111111111111111 ~~t~~r:~ ~p Shelley Yanoe-Gallatin Co MT MIse 36.00 .",.,- ~ -- .......... -- ----------- 8 / ~~" - - ~ ; ~ ~~"\~'~ \ w ...: ~"8 ~ g I- <{ ~ ",>. 3 ...J !a 0 . 0 . 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