The URL can be used to link to this page

Home My WebLink About98- Barnard Water Pipeline Easement and Agreement - , I . ... . . . ".. WATER PIPELINE EASEMENT AND AGREEMENT rnw 198 ;~rt3(r" " ~. , I.,.... _', .... ~ Timothy Barnard, Post Office Box 99, Bozeman, Montana, the GRANTOR, in consideration of One Dollar ($1.00), and other good and valuable consideration, receipt of which is hereby acknowledged, granL-, to the City of Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59771- 0640, GRANTEE, its successors and asslgns, an easement to lay, construct and maintain an 6" (six inch) municipal water pipeline with the usual services, connections, accessories and appurtenances for the purpose of transmitting water in, through, and across a strip of land situated in County of Gallatin, Montana, thirty (30 ) feet wide to be located on the following described real property: A tract of land in the Northeast one-quarter of Section 6 Township 2 South, Range 6 East, P.M.M. , Certificate of , Survey No. 893, City of Bozeman, Gallatin County, Montana. The easement lS more particularly described on the attached Exhibits "A" and "B" which by this reference are made a part hereof. This grant includes the r'i 9h1: of Lhe GRANTEE, its :o:lt.lccessors, permittees, licensees, and asslgns 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, repalr, substitute, remove, replace, and maintain the existing pipeline, services, connections, accessories and appurtenances. 2. Trim, remove, destroy, relocate or otherwise control any trees and brush inside the boundaries of the easement in a manner acceptable to the GRANTOR which may interfere or threaten to interfere with or be hazardous to the construction, operation and maintenance of the pipeline. THE GRANTEE AGRE:ES: 1. That, in connection with the operating, patrolling, repairing, removing, replacing, and maintaining of said water pipeline, it will repalr or replace, at its sole expense, existing fences, pavpd surfaces, trees, vegetation, per man e n t fixtures and other appurtenances on said land that may be disturbed by its operation to their original condition. 2. That, during operations involving excavation, it will remove the topsoil from the trenched area to the full depth of the topsoil and stockpile said topsoil for replacement over the trench. It will remove from the site any large rocks or I - , . fIlM 198 PACF.J9?5 c3 u rp l1J f; excavating material or any debris that may have been c:'xpo:3cd by the excavation and remaln,,, after backfilling lS completed. And, it will leave the finished surface lD the same condition as existed prior to the beginning of operations. 3. To maintain said pipe in such a manner that will not hinder or prevent the lngress or egress of vehicular or pedestrian traffic using property owned by the GRANTOR except on a temporary basis. 4. In the event the GRANTEE permanently discontinues or fails to use or maintain the water pipeline for the purpose it was constructed this easement shall terminate upon written acknowledgement of the GRANTEE. At or after termination and upon written notice from the GRANTOR and if required by a reC]ulatory agency due to environmental concerns the GRANTEE shall remove the pipcline and restore land disturbed by the removal to it ~; original condition. THE GRANTOR AGREES: l. At no time will they build, construct, erect or maintain any permanent structures within the boundaries of said easement without the prior written conscnt of GRANTEE. For the sole purposes of this paragraph, the term "structures" excludes parking lots and curbing. It is understood that if the GRANTOR desires to construct a parking lot that he shall contact the City Planning Office to obtain all necessary permits and approvals prior to commencing the work. 2. At no time will they modify the finished grade of the land over the pipeline by removal of existing soil within the boundaries of said easement without the prior written consent of the GRANTEE. At no time will they modify the finished ~v~ade of the 1,3.Tld ovel the pipeline by t.he placement of fill material within the boundaries of said easement without prior written consent of the GRANTEE except In cases where the additional fill is limited to two feet in depth and does not effect valves and other appurtenances or the structural integrity of the pipe. 3. The GRANTOR 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. 4. The GRANTEE may peaceable hold and enjoy the rights and privileges herein granted without interruption by the GRANTOR. 'I'he 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. 2 -' \ . r rllM 198 PMt39?6 DATED this ;22/-I/.. day of ~_. ' 1998. TIM-:!E!::: ~ STATE OF MONTANA ) ) ss. Gallatin County ) On this 2.<?~-~-- day of BPRIL ,1998, before me, a Notary Public in and for the State of Montana, personally appeared 'Timothy Barnard, known to me to be the person whose name is subscribed to within this instrument and acknowledged to me that he did execute the same. In witner,s whereof I I have hereunto set my hand and affixed my official seal the day and year first above written. ,'., ,"~ ;1',1,:;>,>.'.. '-, iiK'''''SA~):'\ ~ ~,<< ~~~ () \. \" ~:" ,- NOTARY PUBLIC FO~-~THE STATE OF MON~~ ,~~ ' , ~~ n. 'r;,~~!!/:7^/> .'...~ ~ "'/"",,,' Residing at B 0 :z. E- Y'vJ AN My Commission expires b -' (:5 - qg ACCEPTED: ~ - ~ ~ ---------------,----",. CITY OF BOZEMAN by its C; tv Manager ATTEST: e~.i~ Clerk of the City Commission 3 ... .... .. . . STATE OF MONTANA ) ) SS. Gallatin County ) flL~ 198 P;~,Sf39?7 ,~--..., On this /j'-/ day of \-J!t,.-7 LA_____ , 1998, before me, a Notary Public for the Stat~ ~ontana, personally appeared CL~RK V. JOHNSON and ROBIN L. SULLIVAN, known to me to be the Clty Manager and Clerk of the City 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. In witness whereof, I have hereunt:o 3Rt my hand and affixed my ~;eal on the clay and yea.r: first written above. ,,(J C//'l .> . (() (..// J.,.. ' -/ .. ItJ ' . / ' L i 'i.,' , ,. , .- -('St:AY,,1. . ,.~~..t.Jf~, e...C4..... t "_.<"A~,../t__ _____,t_.c:~_~~,(~ ,~) .. '" ~ NOTARY PUBLIC FOR THE STATE OF MONTANA .- " ),,"" , =?~ ~ ,('/ , Residing at ~>;]LJ..J/(":(-_."~' ! ,I, " t;/', ~ - ;J (' My Commlsslon explres " 'A 7' )I I.' . l~"" " 4 '. .. . . . EXHIBIT" A" fiLM 198 FAct 397S A portion of certificate of Survey No. 893 located in the northeast one-quarter of Section 6, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, more particularly described as follows: A 30.00 wide water pipeline and access easement, the centerline of which is described as follows: Commencing at the southeast corner of said cas 893, thence North 02032'02" East, a distance of 104.43 feet, to the Point of Beginning; Thence North 38059'19" East, a distance of 327.18 feet to the end of this easement; Easement, as described, extends 15.00 feet beyond the terminal ends of the water pipeline, containing 9815 square feet, more or less. l-I:\3099\ESMT#6W.FRM 4 ~ ~j ~ z j I 1 :r "h! l~~ '"" I i -- '" .. ii:~ "". , ""I ~ '~'" ~~t · g;j .- ""i ~ Il': ....... r--.I \ ~ ~~~!' I:.) ool "'I ,.' - j: ~~~!~2i i "'I ..... -- ('"), Ci ~ ~~~~:~ ~ -- ""'I I ~ >5t~~~~ ~ -. ~ c." ~ S o ~~~~l:b~ C u ~.~. '""' r~ <(.1. 8 ... ~~ f_~ '""' v "". in - -- ....(' :II ;ih,lE:' - v --- ............. "\ - < ::.. ...--.,.... \ ~ (.l~ 8~ 50 -.. , - Z 't-'/.............. \ COS 893 z - ...;;...,0 , \ - '""' sit<'t-'t-\ - \~ 10.232 ACRES :::: - eo~\l \0\ r:::: :::: '""' ...... \0' "". - r ' ..,.; , ....J , , r. ~. c' r; \ ~ _. .~. , "-' \ ~ ~ \ ~ ....... ,. '""' >- , , ~. ~ ............... \ , ~ L..--" } , ~ -=;.: '\ 11" '""' ~ \ Z ;z. < ;:: Q , 00 , o~ . :: IJ) en \ (/) ~I: ;:- I < ...... , ---~ - 3: , ~~t' .en \ ~ :1[: \ --- . < 0 ~ =) , o < <, '>- Z , ::;;S::?:1.C: :- >- b \ >-< < Ul , ~ ~ c5CB < 0 -- \ ; Z :- , Q ..... ~ , ..... """ Z "-' "- , :2 . <t: - : p... ....:l C;..J , .~ ....:l Q ~~~~ 12 ~ ~ "-' ('") U -< nt ~ ,~ ."" Ul 0 .. H U Ip(~" !-- N ::;:: C;..J !:~ t.~,_, r:::: -- - -- ~ ..... GRAPHIC SCALE < 0 .. , ... .. .., JI) tl ~ I , 1 I ~ -- .. --- -- " ( !II I"EET ) :: ::::::: 1 i:cch - 50 rl. C;..J m () I-<{ ~~ C'-J'~ 'rIERIFY SCAt[ I c);:;z THIS E ;(HISI T RtO"JCED 1/2 SUE. Xw LJN E BE:lOW 'Iol E....su-Rt:S O'iE rNCK Wz (\J;: ~ < Z ., ON ORfG;lh!AL OR....'JItING. 1ol00lfY ~ SCAl ACCORDtNCL Y. :::J C)E-~Z w I I 0.. (Y)Z~< ~ N 0.. ~<E- 0 o ,..~. Z P:l 0:: ~ '""' W .::;: ....,.. ,-,. f;t.. , I- ~::::r:::: 00 <{ 0 3: o ',,-,' ~ .>-< >-. '""' '-DE-< !""........ --- ('") H PR-O.,f:CT N'O. ~ ~'9.00U;l\O.O~'{ ~zE: U $'t[(t NUYB[R: ",-;:)< -v7 o .. ,L- ~ -8. ~ c:.JE-< O~) {J:j U;.~