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Home My WebLink About89- Hi-Land Properties Public Utility Easement and Agreement, 1989 PUBLIC UTILITY EASEMENT AND AGREEMENT HI-LAND PROPERTIES of Bozeman, a private corporation of Montana, hereinafter referred to as "Grantor," in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, grants to the CITY OF BOZEMAN, a municipal corporation of the State of Montana, located 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to as "Grantee," its successors and assigns, the following perpetual public utility easements to lay, construct and maintain a six-inch (6") diameter water pipeline with the usual scrvices, valves, connections, accessories and appurtenances for the purpose of transmitting municipal watcr across strips of land, owncd by Hi-Land Propcrties of Bozeman, Montana, situated in Gallatin County, Montana and more particularly described as follows: EASEMENT 1: Beginning at a point on the North right-of-way of U.S. Highway No. 10 (East Main Street) and being the Southwest corner of thc tract deed cd on Book 153, Page 501, on file and of record with thc Gallatin County Clerk and Recorders office thence, South 670 17' 40" East along the North linc of said right-of-way from said point a distance of 9.88 feet to a point on said right-of-way and the true point of beginning; thence, North 200 44' 29" East a distance of 23.05 fcet; thence, North 30 20' 30" Wcst a distance of 113.90 feet; thence, South 870 02' 41" East a distance of 31.09 feet; thence, South 000 55' 01" West a distance of 146.33 feet to a point on said right-of-waysaid point beign thc Southeast corner of the tract deeded on said book 153, Page 501; thence, North 670 17' 40" West a distance of 32.77 feet to the true point of beginning. EASEMENT 2: Beginning at a point on the centerline of a six-inch (6") diameter watermain pipeline said point being 143.96 feet when measured along the centerline of said pipeline from the intersection of said six-inch (6") diameter watermain pipeline with the North right-of-way of U.S. Highway No. 10 (East Main Street of Bozeman); thence, continuing in a Northerly and then Westerly direction along the centerline of said six-inch (6") diameter watermain pipeline of which 15.0 feet each side of and parallel and contiguous thereto each side of and the end of said six-inch (6") diameter watermain pipeline shall be granted as a permanent utility easement for a distance of approximately 519.4 feet to the end of said six-inch (6") diameter watermain pipeline: said easements are located on property owned by the Grantor and located at 1211 East Main, Bozeman, Montana and more particularly described as follows: A tract of land in Northern Pacific Addition to the City of Bozeman in the Northwest One-Quarter Section 8, Township 2 South, Range 6 East, Montana Principal Meridian, Gallatin County, Montana and being a portion of the tracts conveyed on Film 18 Page 459, and Book 147, Pages 468-471, Gallatin County Records, and being further described as follows: Beginning at a point on the North right-of-way of U.S. Highway No. 10 and being the Southeast corner of the tract deeded on Book 153, page 501, thence North 000 47' 56" East a distance of 144.89 feet to the Northeast corner of the tract deeded on Book 153, page 501, thence South 890 32' 16" West a distance of 150.00 feet to the Northwest corner of the tract deeded on Book 153, page 501, thence North 000 29' 16" East, for a 2 distance of 306.38 feet to the Southeast comer of a tract of land described on Film 18, page 459, thence South 890 56' 18" West a distance of 236.19 feet to the Southwest comer of a tract of land described on Film 18, page 459, thence North 000 17' 13" West a distance of 100.00 feet to the Northwest comer of a tract of land described on Film 18, page 459, and also being on the North line of vacated Marcellus (Mendenhall) Street, thence North 890 54' 55" East along said North line a distance of 408.28 feet to a corner on Tract D of the land platted on Certificate of Survey No. 68, thence South 160 55' 22" East a distance of 445.26 feet to a corner of the tract platted on Film 9, page 558A, thence North 870 02' 41" West a distance of 114.29 feet to the Northwest corner of tract platted on Film 9 page 558A, thence South 000 55' 01" West a distance of 146.77 feet to the Southwest corner of tract platted on Film 9, page 558A and being on the Northerly right-of-way of U.S. Highway No. 10, thence North 670 17' 40" West along said right-of way a distance of 42.65 feet to the point of beginning. Said tract being 2.910 acres along with and subject to all existing easements and in particular a sewer easement to the city of Bozeman recorded in Miscellaneous Book 22, page 222, Gallatin County Records. The said six-inch (6") permanent public utility easement is shown on attached Exhibit "A," which by this reference is made a part of this perpetual easement as fully set forth herein. 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 approach ramps, approach drives and accessory 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, repair, substitute, remove, enlarge, replace, and maintain the pipeline, services, connections, accessories and appurtenances; 3 . , 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. The Grantee agrees: 1. That, in connection with the construction, operation, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said six-inch (6") diameter water main 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, paved surfaces, permanent fixtures and other appurtenances on said land that may be disturbed by its operation. 2. That, during operations involving excavation of said six-inch (6") diameter water main pipeline, it will only use said permanent public utility easements to stockpile excavated material, temporarily maneuver and place labor, equipment and materials used during construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing and maintaining said six-inch (6") diameter water main pipeline. 4 . ' 3. To lay, construct an maintain said pipeline in such a manner that will not hinder or prevent the ingress or egress of vehicular or pedestrian traffic using property owned by the Grantor. The Grantor agrees that: 1. At no time will it build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of Grantee. 2. The Grantor warrants that it is lawfully seized and possessed of the real property described above, that it has a lawful right to convey the property, or any part of it, and that it will forever defend the title to this property against the claims of all persons. 3. 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 and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. /J ~ /:i~~~ /~"' \ ~ -.. Bernard Bissell, Manager HI-LAND PROPERTIES OF BOZEMAN STATE OF MONTANA ) ss. Gallatin County ) On the (." t~ day of j) e. c. -e...,., ~-e" , 1989, before me, a Notary Public for the State of Montana, personally appeared Bernard Bissell, known to me to be the 5 ." ~E~ ~. of Hi-Land Properties that executed the foregoing Public Utility Easement And Agreement 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 seal on the day and year first written above. 0.-t~~ NOTARY PUBLI<( for State of Montana Residing at -130 ~....., .2.""; My Commission expires: ?:, ~ J S - <::t I (SEAL) 6 'C\I 11/.. PI~I '" ..04'OD. l' ..0..,-, -" " ~ 'D I ~"""II! 1I1..t' ......1,.111. r--'I"f;NN1 DI' __ "A"MT M(ll ~A$EWAIT I/O. I I .'.021"11l f 11,0" (f) ;-:!:'''f~':o, DETAIL ~ I '10...' I I ...~..' .1 )"1':1 ~Ie tl! ~I I I I 1 I 1 1 >, ~ f2\ EASEMENT (?ETAIL o 8'EiiX'1. . #(1 I.EGEND .... - klILVE T/ 1 i. - H'f'ORANT - 4$" BENO - 22 1/2" BEND - CENTERLINE 6" DIA, Hl4TERMAIN ~C~L~; I". so' - LIMITS UTILITY EASEMENT c:::J C=:J - EASEMENT NO, I - EASEMENT NO, 2 PERMANENT UTILITY BOZEMAN, MT EASEMENT Kerin 8 Associates Consulting Enginssrs Bort/man, MT 59715 HI - LAND PROPERTIES , . ~ E XH/B/T "A" t:: .".9- f:'~~ 'D I I'." ~I~I r-'--- ----- -- - ~ I "r:f....II'.!!,.L.....eI<<Ii:.v.. ...JI.....'.. . --..... I ',\...lIlit.' ...... ."p,f'~!::..".t"""", l.."\~___ ---- -----~ ""14' ~;~ --,'; 'lo~) 'Q ".. _IN._ ) i '"1' I ,~.. I : ~ I il . I . J \ ~~I.. I .. . Ii: 1 . I 1 I I. I I" 1 : irl'~: I: : I 1 I I I' I 1 '= '. : 1 ': '" 1 1 ~ . I: I 1 I TRACT A 2,910 ACRES w . . ., ~ ~ ~ ll; .. \E~ "l:.... .., '" I ~ .. .. ~ 'D 1111 '1'1 lao.oo. .., II" . __ Chtnlbllf' of C~ ... I . I ,~ -: I " .. I k !. I r I~ d I . 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