HomeMy WebLinkAbout17- Water Pipeline and Access Easement Agreement - Gallatin Center Limited Partnership - Lot 3, Minor Subdivision 210 (Opportunity Subdivision) Inter-office Original to:
City of Bozeman
Department of Community Development
P.O.Box lay° 2604450
Bozeman, MT 59771 Page: 1 of 4 01/25/2018 12:39:30 PM Fee $28.00
Charlotte Mills - Gallatin County, MT MIsc
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WATER PIPELINE AND ACCESS EASEMENT AGREEMENT
Gallatin Center Limited Partnership,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 685± 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 3 of Minor Subdivision 210 a Tract of Land Situated in the
SE '/4 of Section 35, T1S, 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
GRANTEE may find reasonably necessary; and
(4) Support the pipeline across ravines and water courses with structures which GRANTEE
deems necessary.
Water Pipeline and Access Easement
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) Tiic Gi,,,,XT E may peace�ioiy 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.
DATED this Z 7 day of Mo o G►ti66G2 , 20 7
GRANTOR:
GALL EN TED PARTNERSHIP
By:5
Its:7;
�ZoVr
STATE OF MONTANA )
) ss.
County of Gallatin )
On this Z_day of o&CtAe SCn , 201.V, before me,the undersigned, a Notary
Public for the State of Montana, personally appeared Gene Graf III,known to me to be a
General Partner of Gallatin Center Limited Partnership 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 en.
Notar Puc or e tate oontana ' �'S g`'c`^'" C'�'R's suDssKI
ybli f th S f M O. `F N'Otay Public
CC��S r ,/��� `:No_.:Rrq_. fort c,'Montana
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Residing at c� E ru c&� ( '�,;,9p rho ,>' MY Commission Expires:
My Commission Expires M,-V 1-201201f
ovember25, 2079
ACCEPTED:
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CITY O MAN L
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STATE OF MONTANA )
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County of Gallatin )
On this day off�w,Q.,r�„ , 20 If, before me, a Notary Public for the
State of Montana, personally appeared Ny4 -p C rt-aj+ and i h , known
to me to be the City Manager and City Clerk for the City of Bozeman and the pi rsons 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 NESS WHEREOF, 1 have hereunto set my hand and affixed my seal on the day
and year first above written.
"" BRENDA SWEENEY
otary Public for the State o ontana Q�?�ASWF`c?� Notary Public
I m;NOTARr - -for the State of Montana
OLD. . - _ F#1I,) Residing at:
(Printed Nameld�.SEA .zQ Bozeman, Montana
�cP',°' My Commission Expires:
Residing at _ n- 2 VVX,0-1'1 ''�,,,,�F NN;,�o December 02,2018
My Commission Expires L;j� l 1�12019
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EXHIBIT A �
WATER PIPELINE AND ACCESS EASEMENT .
SITUATED IN REMAINDER LOT 3 MINOR
Irn PROPERTY
0 60 120 SUBDIVISION 210 LOCATED IN SEY4 AND NEY4 W LINE
20' WIDE i OF SECTION 35 T1S, R5E, P.M.M. F�
GALLATIN COUNTY MONTANA r
1"= 120' EASEMI N
N CERTIFICATE
_ 21.5' WIDE UTILITY o 0
I` EASEMENT Z EXT'G 20' WIDE OF SURVEY 331
UTILITY EASEMENT
30' WIDE WATER
TRACT B I I I MAIN EASEMENT 60' WIDE N
PUBLIC ROADWAY AND i
COS 500 PROPERTY I UTILITY EASEMENT
PROPERTY CORNER EXT>
CORNER N O'22'47' E S 00'22'47" W UTIL TY EASEMENT 30,00' ui
4.00' 3
60'DEDICATED S 89'37'13" E 681.40' S 89'37'54" E 941.67'
�.
RIGHT OF WAY N 89'37'13" W 681.40' iE
N 89'37'54" W 941,70'
TRACT A I 30' WIDE
S 00'22'47" W -a
COS 500 N ( WATER MAIN7 30.00' POINT OF 3
H EASEMENT MAIN EASEMENT
ol
a I REMAINDER OF LOT 3 N
MINOR SUBDIVISION NO 210 i
N
O
N
O
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WATER PIPELINE MADISON ENGINEERING EXHIBIT A
AND ACCESS EASEMENT 895 TECHNOLOGY BLVD,STE 203, DRAWN BY: CGB
MINOR SUB 210 BOZEMAN,MT 59718 DATE: 2/20/16
BOZEMAN,MT PHONE(406)586-0262 FAX(406)586-5740 PROJECT# 12-109