HomeMy WebLinkAbout5-4 Film 198, Pg. 4010 �'_w 19a;'�f4010
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Carl H. Vandermolen, of Bozeman,Montana, the GRANTOR($), 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,
Bozeman,MT,59771-0640,GRANTEE,its successors and assigns,a perpetual easement to lay,
construct and maintain a 12" water pipeline 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, Thirty (30) feet wide to be located on the
following described real property:
Tract 1 of Certificate of Survey No. 1256,situated in the NE 1/4 of
Section 2,T1S,RSE,P.M.M.,City of Bozeman,Gallatin County,
Montana.
The easement is more particularly described 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(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.
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THE GRANTEE AGREES:
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(1) That,in connection with the construction,operating patrolling,repairing,substituting,
removing,enlarging,replacing,and maintaining of said water 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. 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 pipeline 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 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 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.
(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
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.
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DATED this j 7_day of, � ,199-9, 11" 1%. -"f 4012
Cv
GRANTOR
STATE OF MONTANA )
)SS
County of Gallatin )
On this M day of 19QQ, before me the undersi ned, a
Notary Public for the State of Montana, personally appeared Y t�tJ
known to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day and year above written.
(SEAL)
``0 0a1►n,,,�`�
s
Notary Public for the State of Montana
* SEAL ' * Residing at Bozeman,Montan
sj'•, :�r My Commission Expires
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ACCEPTED:
CITY OF BOZEMAN
by its City Manager
Clerk of the City Commission
STATE OF MONTANA )
)ss:
County of Gallatin )
On this day of ,199pbefore me the undersigned,a Notary
Public for the State of Montana, rsonally appeared CLARK V.JOHNSON and ROBIN L.
SULLIVAN,known to me 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 on behalf of the City of Bozeman.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day
and yefr first above written.
In
(rSZAL) '
O ARY P C FOR THY STATE OF MONTANA
- Residing at i?
My Commissi expires m -4>-� --
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i i FILM i��'T14014
EXHIBIT A
A 30' WADE WATER LINE EASEMENT TO THE CITY OF BOZEMAN, SITUATED
IN A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY No. 1256
LOCATED IN THE NE1/4 OF SECTION 2, T.15., R.5E, P.M.M., GALLATIN
COUNTY, MONTANA AND BEING FURTHER DESCRIBED AS FOLLOWS:
Beginning at a point being the NT/4 comer of Section 2, said point being on the North line
of said Section 2; Thence along said line N 89'44'29' E a distance of 30.00 feet;
Thence S 01'31'00' W a distance of 1325.85 feet to a point on the north line of Lot 5 of
Annie Subdivision Phase It; Thence along said line S 8944'08' W a distance of 30.01 feet
to the C-141/16 comer of said Section 2; Thence along the north—south mid section line of
p�a said Section 2 N 01'31'W E a distance of 1325.85 feet to the Point of Beq'nning. Said
1�P rater line easement being 0.913 acres or 39.791 Sq. Ft.
SCALE: 1"-200'
LOT 3 OF
MINOR SUBDIVISION No. 210
Point of
Beginning
To stcToN TR&�ss N 89'44'29' E
L000L
.
.z`JS s BAXTER LANE
--- SS
4G 7
E1a5TINC EASEMENT TO TTMIE CITY OF
B02EMAN FOR STREET PURPOSES
30'WIDE WATER
LK EASEMENT
h
N
� n
n
TRACT 1
C/S No 1256
W
8 3
S OWNERS 046EX�
o :1 CAR_ H. VANOERMOLEN f►LA
z o
EASEMENT AREA
GROSS AREA: 0.913 ACRES or 39,791 Sq. Ft.
State of MAP,00 34
SS
36 WAX WATER County of G31;3tIn
LINE EASEMENT FIId
AJAY 28___ 1999
at 2:49 p, M,and
Rerorded in book 198 of
c Cowan ar MISCELLANCE-O/U�_S Pa®e 4010
-------- ----------
- Count'C etk eeOrdeE
S a9"44'Ob" W
�. , EXISTING EASEMENT TO THE CITY OF 08 U
Bo2EMAN FOR STREET PURPOSES P l)
Fee a-�_
LOT 5 OF RT: CITY OF BOZEMAN
ANNIE SUBDIVISION PHASE II
SEPTEMBER 2, IYYe
91505-2adeq