The URL can be used to link to this page

Home My WebLink About88- Anderson Easement 1988 Rt: City of Bozeman ~""xeo_~ 184'" ,- -- 101 P!GE 1.1..53 flU~ $30.00, -TiDO - iJl-td , f M' eel' - , . Apr il '27 . 1t:l88 . State 0 ont., ounty 01 ~;:)i atm. S5 f liea lor racoro at -1: 1 0 P M" and recorded in Book 101 C MISCELLA EO S pago..2l..5 3 (ijL-uJ.J. ~.A1fId Recorder. By Deputt AMENDED WATER PIPELINE EASEME .-WAY AGREEMENT RICHARD E. ANDERSON AND MARY A. ANDERSON, husband and wife, GRANTORS, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman, Jl1.T 59771-0640, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain a municipal water pipeline with the usual valves, connections, accessories and appurtenances for the purpose of transmitting water in, through, and across a strip of land thirty (30 ) feet wide located in Lot 3 of Block 4, Hodgeman Canyon Subdivision located in Section 11, Township 3 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, and being more particularly described as follows: Beginning at the Southwest corner of said Lot 3; thence North 89019'47" East along northerly right-of-way of Hodgeman Canyon Drive, a distance of 24.15 feet to the true point of beginning; thence North 10004'30" East, a distance of 297.54 feet; thence North 20035'29" East, a distance of 245.67 feet too a point on the northerly boundary of said Lot 3; thence North 89019'47" East along said northerly boundary, a distance of 32.19 feet; thence South 20035'29" West, a distance of 254.58 feet; thence South 10004'30" West a distance of 289.08 feet to a point on the northerly right-of-way Hodgeman Canyon Drive; thence South 89019'47" West along said northerly right-of-way, a distance of 30.54 feet to the true point of beginning, and containing 0.374 acres. The easement is portrayed by diagram on the attached Exhibit B, which by this reference is made a part hereof. However, the written description contained herein shall take precedence over Exhibit B should there be a discrepancy. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns 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 GRANTORS 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, -1- f"lLM 10tp,1'GEt154 enlarge, replace, and maintain the pipeline, 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 or to the use of the easement by emergency vehicles; (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. The GRANTEE agrees that: (1) 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 GRANTORS 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) 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 -2- . r' fiLM 101rwEt1S5 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. (4) That the GRANTEE hereby relinquishs and abandons that Easement and Right-of-Way Agreement for Waterpipe (sic) Line recorded at Book 17 of Miscellaneous at page 435 as Document #16617 on the 15th day of August, 1957 in the office of the Gallatin County Clerk and Recorder, Bozeman, Montana. The GRANTEE further agrees to execute any documents necessary to formally transfer the above-referenced easement to the GRANTORS if necessary to obtain title insurance on the property subject to the easement described herein. The GRANTORS agree that: (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) The GRANTORS 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. (3) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. 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. DATED this /~:!!J. day of 4?J2/t- , 1988. GRANTORS ~~~~~J . r2/ . . . I '/7; 4t44/1 {// Y.;;' ~~~ --" 1\ -3- . , flLl.\ 101. P,\OE 1..1.56 STATE OF MONTANA ) : 55. County of Gallatin ) '1 .. On the / tftL day 0 f ~L , 1988, before me, a Notary Public for the State of Montana, personally appeared Richard E. Anderson and Mary D. Anderson, known to me to be the persons whose names are subscribed to the foregoing instrument and acknow- ledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed and year first written above. ;z/ of Montana , Montana ~!J/ /81 THE CITY OF BOZEMAN BY~/~_~ (2~ eX! j~ Mayor Clerk of the City Commission STATE OF MONTANA ) : ss. County of Gallatin ) On the )-rL day of ~> , 1988, before me, a Notary Public for the State of ontana, personally appeared Alfred M.. Stiff, Mayor, and Robin L. Sullivan, Clerk of the Commission, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. WITNESS WHEREOF, I have hereunto set my hand and affixed the d y and year first written above. ~..\'''u,,/' '" 'r ~~h'I" ,.\,\ . ..."'~." ", C, .......)~ ...'\ ,........ :4... ."~,,t ..... ~ ,";I~ ff:...~t\~R!A! .....~\ .~ ~: . E AU . R ~ ~S" .<' j ..i % ~ /i./~/j ';.. ~ ". !-:;~" ...:...~ ~ "',J' . "&10,.11:',:\ ,'II! "-, 't '""~~n~ . ..' . I., or '. .. ' ,.'.' 'I",...~,.~" II t t":'.'\~'" -4- ,. , . . ' , I-ILM to 1. P,~GE 1.1..57 DESCRIPTION Legal description for a 30 ft. wide waterline easement through Lot 3, Block 4, Hodgeman Canyon Subdivision, Section 11, Township 3 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, and being more particularly described as follows: Beginning at the Southwest corner of said Lot 3; thence North 890 19' 47" East along northerly right-of-way of Hodgeman Canyon Drive, a distance of 24.15 feet to the true point of beginning; thence North 100 04' 30" East, a distance of 297.54 feet; thence North 200 35' 29" East, a distance of 245.67 feet to a point on the northerly boundary of said Lot 3 ; thence North 890 19' 47" East along said northerly boundary, a distance of 32.19 feet; thence South 200 35' 29" West, a distance of 254.58 feet_ ; thence South 100 04' 30" West, a distance of 289.08 feet to a point on the northerly right-of-way Hodgeman Canyon Drive; thence South 890 19' 47" West along said northerly right-of-way, a distance of 30.54 feet to the true point of beginning, and containing 0.374 acres. See attached exhibit "B". ....---- 'F!:"'"~ -~ ~- -.... . ~-_..---_... .....~._~ " ,. I . , 101PI~GEtf58' , m"l "~""" ._-. .-. --~._- ,~-.. 1 \ E.,:!I,Ei ..,- B I I .L dO 1 / I t5L t'. 4- LoT .2/ {iiLK",4 ~--- 1 ;<0' .....JA7FnIlJc /fiSFM&iV T L ,Ior~ I iUK+ ~ i; ~ ""< ,-' ~ "< ~ ~ LOT 3 ~ B.! D~ k 4 ~ ~ 't N N ~f07D/9 '47" E .. ~ ^ ._._------_._-----_..._~ frc>P~CMAN cAN'YoIJ PRillI!:'" '--/ I I 1 . -.-...:...--..................---