Loading...
HomeMy WebLinkAbout89- Dodge, Lyman Creek Water Supply Pipeline Temporary Construction Eaement, 1989 ,. '. .. fILM 104 PAGE 4307 TEMPORARY CONSTRUCTION EASEMENT FOR THE LYMAN CREEK WATER SUPPLY PIPELINE This agreement made and entered into on the ;rjC day of ~~, 19m, by and between the 1983 Gallatin Dodge Trust and Don D. and Ruth D. Dodge, hereinafter known as "GRANTOR", and the City of Bozeman, a municipal corporation and political subdivision of the State of Montana, hereinafter referred to as the "GRANTEE". WITNESSETH: WHEREAS, the GRANTEE desires to install a water supply pipeline for the purpose of diverting water from Lyman Creek to the Lyman Creek Reservoir for use by the City of Bozeman and which will cross portions of C.O.S. #917A, 1144, and 1264, situated in the NW~ of Section 33, in the SW~ of Section 28, TIS, R6E, P.M.M., Gallatin County, Montana; and WHEREAS, the GRANTEE has received an installation, operation, and maintenance easement for said pipeline from the GRANTOR; and WHEREAS, the GRANTEE to install said water supply pipeline will need additional working space for the purposes of stockpiling dirt and materials, and for purposes of general construction installation of pipeline; and WHEREAS, the City desires to use certain property of the GRANTOR to facilitate the construction work required for the aforesaid water supply pipeline. NOW, THEREFORE, in consideration of one dollar ($1.00) and other good and valuable considerations, receipt sufficiency of which are hereby acknowledged, said GRANTOR hereby grants to the GRANTEE, subject to the conditions hereinafter contained, for a period of one year commencing :J~(I 1 ,19M the following parcel of real estate situated in the County of Gallatin, State of Montana, and more particuarly described as: A 100-foot wide construction easement for the purpose of constructing a water supply main across a portion of C.O.S. No. 1144 and 1264 situated in the S.W. ~ of Section 28, T.1S., R.6E., P.M.M., Gallatin County, Montana, and being 50 feet on each side of the following described centerline. Beginning at a point which is N43053'23"E a distance of -1- EASE ..,. fll~ 104p~GE4308 ~ . 1284.77 feet from the S.W. corner of Section 28, T.1S., R.6E., P.M.M.: thence from said point of beginning N28013'06"E a distance of 300.00 feet; thence N42022'45"E a disance of 75.00 feet; thence N24D56'45"E a distance of 325.00 feet; thence N21021'45"E a distance of 125.00 feet; thence N11021'45"E a distance of 75.00 feet; thence N30016'45''E a distance of 267.00 feet; thence N24049'07"E a distance of 139.47 feet; thence N22026'45"E a distance of 109.52 feet to a point on the northerly line of said C.O.S. No. 1264, said piont being the end of easement and bearing N34041'39"E a distance of 2662.14 feet from said S.W. corner of Section 28, and also being N64024'40"E a distance of 233.3l feet from the northwesterly corner of said C.O.S. No. 1144. It is convenant and agreed that the City or its assigns shall have the option of renewing this agreement upon the same terms and conditions as specified, for an additional period of six (6) months, upon giving notice to the GRANTORS in writing ten (10) days before the expiration of the present term. It is further covenant and agreed as follows: 1. That said GRANTEE shall occupy the said premises for the purpose of constructing the Lyman Creek Water Supply Pipeline. 2. That said GRANTEE agrees to surrender possession of said premises upon the expiration of this temporary construction easement or any extension thereof and to leave said property substantially the same as it was on the date of this agreement. 3. That said GRANTEE shall indemnify and hold harmless the GRANTORS from any claim or damage which might_ arise as a result of the construction of the improvement as described herein. IN HITNESS whereof, the GRANTORS have set their hand the day and year first above written. 1983 DODGE GALLATIN TRUST: ~,__:..,__":~Y Its ~ ~t~e~.~_,: \... '). .. ( ~.~~ "'- o-S> c \ '). <t)''04JV. ---'.,. _a ld. D. DOf;ifq.- e, Jr. . .. ~ ~ . .?J.P J\ v' /11A~.j, . . -- \ Ruth D. Dodge ~riald ~1~~~~f n / 'I' iviU ({ Sallie ^/~' "/ )\.,-, ,.j Dc ..F .j );l;iJ+l Ai/ Dtn, i,r- Dodg . Davenpott , ~"'-'''.';i 1~~.> / (, .0-1 <. \ ". -, ..._ r\ .\ ._".to , D. Dodge, r';;rT\ j ftu1. LIF~STA.TE:. ,. ~ ! (~'s; ~ ~~. s, .1)~ \h..~', i' DOm:r-:I::l:r D. Dodge, lJr., J .. Life Tenant L' -2- EASE2 ., ~ .. . FIL~ . 10 4 P~GE 4309 ." State of ss. County of On this day of Notary Public-rn-and for the State of appeared known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. , 19 , before me a , personally NOTARY PUBLIC FOR THE STATE OF Residing at My Comission expires: State of Colorado ss. County of Denver On this 5th day of December, 1988, before me a Notary Public in and for the State of Colorado, personally appeared Donald D. Dodge, Jr., Ruth D. Dodge, Sallie Dodge Davenport, Diana Dodge Constant and Donald D. Dodge, III known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. " ~,,-,~,~.pJ.'~~1 ,~ - //I~ ". t...'--.~_.'--,/".t1.v" {., -/L' - ~(lI//(,J-r,--- ,".)'NO~RY ptfBf:,IC FOR THE STATE OF COLORADO -' >.., ~'e~1(\vrfrg', a~~ l580 Lincoln Street - Denver, CO ..~ ~ ~~i~S"i,pn expires: July 2, 1991 .... '")'.' i.~J D ',_< ':' /~' /- -~r' .-10. 1I'...1I'~'l.....,"""'.,:. .~.:.' ,. ~ '" ('......... - .' - CITY OF BOZEMAN C----....-. / ) /) .,~.,....... \ ,,', / { I. ' , BY~~ t"LC ~1'LR.. Its C ty Manager ATTEST: ~&-~ ~ Cler of the' ommi ion State of Montana ) : ss. County of Gallatin ) On this ~ day of II ~ ' 1~ before me, a Notary Public in and fotPthe Sta~ ~f Montana, personally ~p~F.ed James E. Wysocki, City Manager, and Mary Cain Lathrop, Acting ",""~l,erl::;:o~ the Commission, known to me to be the persons who >'\~,..su1YS'C~~ to in the above written document, and who acknolwedged /.'::~. ;."JA t.it.,.~:: they execut he same on the day and year first above ; '" '.~ ~Jl: } ~' / P '.t~' ~ . > '. .. TAR'~V ELl .. STATE OF MONTANA ",::.';~~tJr~:J~g.-'at Bozeman "M.y,,,Cbmrilission expires September 14 I 1990 -3- iL) EASE . I ~; ;.. 0';" .......- ..1,,/ 194993 "~.,."......_._~~.. ,.. . . ~: ~)to>::' - - "\ ~:~ f""./, // I ;..'.Jt....~.... ./ r ~-,~ l~. JIL~ -10tlrlWf.GlO ' . ... .. .. . ". .. .. State of Montana l 55. County of Galli'ltln f Filed__K~~!:_U~I.Y~JL~-, 1989 at__l;:5.6 __________2."-- 1\1., and Recor,:ec! in :-;:);)~___.104u . of MI SCELL_b,NE'oJJS- :" ,C___ 4307 .;s' /;;:Ile.lJ dlL (? f: EIZj:;Jj__m___~ IJ(":I>.:":J'.,I ., .<;~ f~ccorder BY"~UuLi!--~ Deputy F ee $..__~_.!.L!_CLQ...."_".u._. Rt: City of Bozeman J ~.