HomeMy WebLinkAbout16- Water Pipeline and Access Easement Agreement - First Security Bank - Lot 13, Gallatin Center Subdivision Phase 4 (Opportunity Subdivision) Inter-office Ori ink PLA►7EJ
City of Bozeman
n Departmet of Community Development
Box 1 Bozeman, lV1T IT 2604452
BOZemari, 59771 Page: 1 of 5 01/25/2018 12:39:30 PM Fee $35.00
Charlotte Mills - Gallatin County MT MIsc
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WATER PIPELINE AND ACCESS EASEMENT AGREEMENT
First Security Bank, the GRANTOR, in consideration of One Dollar and other good and
valuable consideration, receipt of which is acknowledged, grants to The City of Bozeman,
GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain 177±
If 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, to be located on the following described real property:
Lot 13 Gallatin Center Subdivision PH IV a Tract of Land Situated in the
E 1/Z of Section 35, TIS,R5E, P.M.M.
The Easement 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 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
Water Pipeline and Access Easement
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 pipeline, it 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, 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.
THE GRANTOR 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 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 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. The terms, covenants and provisions of this
Easement shall run with the above described property and shall extend to and be binding
upon the heirs, executors, administrators, personal representatives, successors and assigns
of the parties hereto.
k�
DATED this H ~ day of 52016.
GRANTOR:
FIRST SECURITY BANI
B . �
Its: t�i2F-s�r� t c�v
STATE OF MONTANA )
ss.
County of Gallatin )
On this— —day of , 2016, before me,the undersigned, a Notary
Public for the State of Montana,personally appeared ',-k IM tt Vr, known to me to be a
W5 40A �Cxa of First Security Bank the entity that executed the within instrument, and
acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year above written.
tary Public r the State of tana LINDSAY M.METCALF
-'pSPoM yFre'�: gl1�LIC for the
ontana
(Printed Name) : SEAL Residing at
ThreeForks,Montana
`' P ', My Commission Expires
Residing at " °Fj"0 March 15,2017
My Commission Expi es / /20
ACCEPTED:
L 9 / B 02 'J
CITY O BOZ N
� Y
y�`�;• � ••�^' rty Manager
�: � •
ATTEST: ; �j
e _K 4
City Clerk ' '•. 183 .• ti •*
• . . .•
STATE OF MONTANA
ss.
County of Gallatin
On this �a"`� day of , 2019, efore me, a NotarylPublic for the
State of Montana, personally appeared and sT2ket ttMAi , 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.
, `oA......,. BRENDA SWEENEY
Notary Public
Notary Public for the State f Montana -for the State of Montana
*: l Residing at:
',�-Qr S�,.r� �� ;y .SEAL.,JEATajzeman, Montana
Printed Name yy"HA P My Commission Expires:
December 02,2018
Residing at
My Commission Expires /20j9-
]EXHIBIT A
WATER PIPELINE AND ACCESS EASEMENT
SITUATED IN LOT 13 GALLATIN CENTER PUD PH IV 0 30 60
LOCATED IN NE)/4 OF SECTION 35 T1S, R5E, P.M.M.
GALLATIN COUNTY MONTANA 1„- 60
CATTAIL STREET
N 89'42'03" E
30.00'
POINT OF BEGINNING
N 89'42'3" E WATER MAIN EASEMENT
149.6TPIPELINE
' WIDE WATER
EASEMENT
� N
LOT 13 GALLATIN
CENTER PUD PH IV u`'
� I �
3
N N m
N
0 C� %
N
OI O Q H
i
Z ul o
3
S 89'37'36" E 460.17'
E
a'
s
0
N 89'37'36" W
30.00
o
LOT 4
OPPORTUNITY SUB,
a
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IV.ADISON ENGINEERING EXI-1IBIT A
895 TECHNOLOGY BLVD SUITE 203 DRAWN BY: CGB
BOZE\-IAN,ilIT 59718 DATE: 9/17/10
PHONT(406).586-0262 FAX(406)586-5740
PROJECT# 10-103