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Home My WebLink About95- Ross Anderson Water Pipeline Easement Agreement , . , ~ . , . , fiLM 15SPACE4095 WATER PIPELINE AND ACCESS EASEMENT AGREEMENT Ross Anderson of 409 West 4th Street, Whitefish, MT 59937, the GRANTOR (S), in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, remise, quitclaim and release to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59771-0640, the GRANTEE, its successors and assigns, a perpetual casement to lay, constmct and maintain water pipelines with the usual services, valves, cOlmections, accessories and appurtenances for the purpose of transmitting city water in, through, and across a strip of land situated in Gallatin County, Montana, thirty (30) feet wide to be located on the following described real property: The tract of land shown on Certificate of Survey No. 467, according to the plat thereof, on me and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the S 1/2, SW 1/4, Sec. 11, 1'. 2 S., R. 5 E., P.M.M., and containing 38.612 acres. The Easement is more particularly described on the attached Easement "Exhibit A" which by this reference arc made a part hereof. This remise, quitclaim and rclease 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(S) in order to survey and establish the route and location of the easement and the pipeline and to: 1) Constmct, 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 casement 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: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water main pipeline(s), it will repair or replace, at its sole expense, or pay to GRANTOR(S) 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. - , " . . . filM 155f~t{ 4()96 (2) That, during operations involving excavation, it will remove the top soil from the trenched area to a depth of one foot, or to the full depth of the top soil, 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. (3) To lay, construct and maintain said pipeline in such maimer as will not hinder or prevent the proper cultivation of the tract to which this right of way is hereby granted. The GRANTOR(S) 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) 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) The GRANTOR warrants that they lawfully possess the real property described above, and that they have a lawful right to convey the property or any part of it, provided the foregoing warranty, is subject to the mortgage of Pacific Mutual Life Insurance Co., dated October 29, 1980; and the Ground Lease among GRANTORS dated April 16, 1976. (4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). (5) GRANTEE hereby abandons the existing water main easement, more particularly described on attached Exhibit A, and hereby remises, quitclaims and releases the existing water main easement described on Exhibit A to the owners of the real property more particularly described on page 1 of this Water Pipeline and Access Easement Agreement. 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. DA TED this 5 day of GRANTOR: SIGNED:,f-~ I , . ,. . . , . . to,lA~ON'w~..it..rr+- ~r- H~s~ifvSIl'TT5 filM 155 PACf 4097 ST~ } CDv;...J~ c r=- PL't >>4 "~Il~ } ss. GOTlJ>TTY or fLATHEAD } On this ,( day of JU L..l ' 1995, before me, a Notary Public in and for the said State, personally appeared Ross Anderson, known to me to be the person whose name is subscribed to within this instrument and acknowledged to me that he/she executed the same. In witness whereof, I have hereunto set by hand and affixed by official seal the day and year first above written. ~t2 .^ . . .. j1~::b='" NOTARY PUBLIC FOR .' TATE or MONTL\NA , ".:;' g,.~V I .if "" EMIlougeelD.Nolll/yPublc ~ ~ ....~,,~>.^ReSidln:;~\.. .,l/~~mili6ionExpiresFebnlary21.19Gf DIJ"J..Bvf'..-,-! \ ^ 2:::'.' My~~~~~~~m expues :" "':, ~ ~,;,,. \Y '(.>> :.:' ~C) = ~iJiJllt,~'l-j - j ,.' '~'t' '. . ". . "--- ... ) ) I " ';"/"/. l.. J C'I-i; ~\/, . (. C' "'/""11111"1'.[, o.~ ,~:'~!", ." .... , CITY OF BOZE N " , I by its City Manager ct~ ;/h~ Clerk of the City Commission STATE OF MONTANA } } ss. COUNTY OF GALLATIN } On this J 7TH day of (~'L" A. _ ' 1995, before me a Notary Public for the State of Montana, personally appeaA.:d James E. Wysocki and Robin L. Sullivan, known to me to be the City Manager and Clerk of the City Commission, and known to me to be the persons whose names are subscribed to within in this instrument and acknowledged to me that they executed the same. Q,..!~ ~ ~ NOTARY PUBLIC F .IE STATE OF MONTANA Resi~ing at .q'~ J~ /qt:j(.. My CommissIOn e ue0IA_'" t . .' -. ' ,- . . . EXHIBIT A fILM 155fAGf40DB NEW WATER MAIN EASEMENT A 30 foot wide easement for city water main purposes over, under and across the following described property: The tract ofland shown on Certificate of Survey No. 467, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the S 1/2 ofSW 1/4, Sec. 11, T. 2S, R. 5E, ofP.M.M. and containing 38.612 acres. The centerline of said easement is described as follows: Commencing at the northeast corner of Tract 2, Certificate of Survey No. 1553; thence southerly 181" 41 '56", assumed azimuth from north, 233.66 feet along the east line of said Tract 2; thence easterly 090021' 17" azimuth 155.17 feet to the point of beginning of the centerline to be described and hereinafter referred to as Point A; thence westerly 270" 21 '17" azimuth 96.67 feet; thence southerly 180040' 26" azimuth 281. 95 feet; thence easterly 0900 38' 13" azimuth 95.28 feet and there terminating. EXISTING WATER MAIN EASEMENT TO BE ABANDONED And a 30 feet wide existing water main easement to be abandoned, over, under and across the above described tract. Said easement to be abandoned lies 18 feet easterly of and 12 feet westerly of the following described centerline: Commencing at hereinbefore described Point A; thence southerly 180057' 16" azimuth 15.00 feet to the point of beginning of the centerline to be described; thence continuing southerly 180057' 16" azimuth 108.05 feet to a point hereinafter referred to as Point B; thence continuing southerly 180" 57' 16" azimuth 144.38 feet and there terminating. And a 30 foot wide existing water main easement to be abandoned for hydrant relocation, over under and across the above described tract. The centerline of said easement to be abandoned is described as follows: Beginning at hereinbefore described Point B; thence westerly 2700 57' 16" azimuth 30.00 feet and there terminating. Note: it is the intention of this document to abandon all existing water main casements lying within the proposed building expansion for the Bon Marche store, with the entire easement being abandoned between the side lines of the new easement as described previously. c:\ wpwin\'J SOO'J\cxhihitA fHa, I of 2 - . . .' . ,~. , · " .. nlH 155PACE4099 EASEMENT EXHIBIT A EORenlcnt for Reloco.Hon of Wo.ternlain BON MARCHE' BUILDING EXPANSION, MAIN MALL, BOn'MAN MONTANA I (1 poTtiun of Cf'rtificate of SU1<J€y No. 467 Located in the S 1/2, S/f 1/4 Of ,"'ection II, T. 1 S., R. 5 E., OF P.M.M., Gall(1tin County, Montana Nf Cor. Troct ~. CQS H(> 'S~J I Fnd 5/8. Rebor wi Plastic Cop oo~r-4-4'1f5" mCJr'\<:~ (Gaston) ------------ ------------ cO<; NO. 155J / I · ,9_~q~_I.1z:.__________j ./....rPOlNT A '?1.,."! '"'.17 270"1',1' . ';2,j../.../ ~.5~'-r--"" 96.S7 'io --~--=---::-,jI-' 15..00 I ~---_."------i=.-J-.."'l-"- 160'57"16" ! : I' , ! 1 . I 1 I I ~,.-) I 1 I In r r I l \ C I L() /15' 15'1 0 I . ...--- I I I, I I ,(J) I ~I" cr> o ' lei "10 - C ,...... I : n I bl~ W ~- (0 Z 1 1 0. r-.J ~1--POlNT 6 I -0 "i- , i! x l (I U'C:: (fl ;R:g ~g Ii;., i w g-.,: t'v' ::J T_' ~ I. m I ' l...J..- 0 o ~::l ~~ 'S -': ~--i \ I <( CD "7 c.J ~al ~-<C I b ~: v \ ,../ ~ \.1 ~ L- W \ ~ t Q'~ \ ," I ,........~ 2. 01 01 ~~ i ~ ciJ 3O~0 I I : ,~ C[> '. "'if: 1 1 0 '70'57"16~ ~" I \ Z +-' () I- ~~: CL I ~I "'j. \. 0 .~ U U ~;i) '0 I .-~ I '-. \ CD >: <[ I". l ! ct ~ ~I~ ~,-".~ w 0:::: ......... I I I fDl...... ""- It. OF EXISTING EASEMENl I- "'.1.,: I -. TO BE ^B,>HOONED I" I I 1 I I ~2~ 8' ~ t 1 1 I' ! I 'If ( I' , ~ i L:t;~;,~;:--'--t-.J 0 ~ t______-"""-=t-.m-------. ~ i 00 ()" c." ~g l~ '" .r..;r ~d C5/HJr~~(j~ ~JSpl~~tf(.'5c~a3p m""'.... (Go.ton) Arer,] (,f I'~[W E/<.)EMEIIT 1:'" 'i 17 ':ir:j ~-1 or- G,,30,S Act"E' Arco of F w;.:rn ell I 10 be nbondoned-- h,O:.,c1 c"1 Fl cJt n.113~) Acre Scale In Feet 1 no u 1 i C & H ENGIEERI>IG AMJ SURVE'fflG, INC. ,\ ~.. . --.1 Civil/Structural Engineering, Land Surveying ( J ( J ~)() I 614 West Lamme (406) 587-1115 '7 2 S'cCLlc In Meters Bozeman, AfT 59715 5HEeT ,...:.. 0(' ,_.~. J.._ c.. .. . JTlllS INSTI{UMENT WAS FILED FC)\{ HECOHD IN TIllS OFFICE ON 3104. 74 THE 22ND DA Y OF AUGUST , A.D., Hl95 OFFICE OF COUNTY HECORDER ) COUNTY OF GALLATIN ) AT 3:19 P 1\1., AND WAS DULY RECORDED IN ROOK 155 STATE OF MONTANA ) OF MISCELLANEOUS RECORDS, PAGE 4095 fee $ 30.00 Shelley M. Cheney RECOIU)ElL BY\ ,xI/J?/L.J '7rJ O;J;j-;rn//5 Dl~PUTY ( RT; CITY OF BOZEMAN, PO BOX 640, BOZEMAN MT 59771