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Home My WebLink About98- Barnard Water Pipeline Easement and Agreement (2) . ~ . , . .. WA'l'Ek PIPELINE EASEMENT AND AGREEMENT rf' W 19R ;'r[ ](l~f) I IL ". "r 1 "'.. · .. _. 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, C]rants 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 assigns, an easement to lay, construct and maintain an 18" (eighteen 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 (; , '''own s hi p 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 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 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, replace, enlarge, and maintain the existing pipeline, services, connections, accessories and appurtenances. 2. 'T'rim, 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 AGREES: 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, paved 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 excavati.on, it will remove the topsoil from the trenched area to the full depth of the topsoil and c,tockpile said topf;oil for replacemeI1t over the I ~ . ~ ~ rli /II 198 PMt3~j87 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 remalns after backfilling is completed. And, it will leave the finished surface in 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 ingress or egress of vehicular or pedestrian traffic using property owned by the GRANTOR except on a temporary basis. 4 111 the event the GRANTEE permanently discontinues or fails to use or maintaiIl the wa tel" pipe] illf' 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 regulatory agency due to environmental concerns the GRANTEE shall remove the pipeline and restore land disturbed by the removal to its original condition. THE GRANTOR AGREES: 1. At no time will they build, construct, erect or maintain any permanent structures within the boundaries of said easement without the prior written consent of GRANTEE. For the sole purposes of this paragraph, the term "structures" excludes parking lots and curbing. It lS understood that if the GRANTOR desires to construct a parking lot that he shall contact the City Planning office to obtain all necessary perIni ts and approvals prlor 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 grade of the land over the pipeline by the placement of fill material within the boundaries of said easement without prior written consent of the GRANTEE except in cases where the addi.tional fill lS 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 c011vey the property, or any part of it. 4. The GRANTEE may peaceable hold and erl] oy the rights and privileges herein granted without 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. 2 .. .' , ~ dfft/ ~ILM 198 PMt398S DATED this day of , 1998. STATE OF MONTANA ) )ss. Gallatin County ) On this d(g+h day of Jj PR J ~ , 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 lS subscribed to within this instrument and acknowledged to me that he did execute the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. - :~ " , ~-'......, -. . j - i " \.......,f"\'~ ~1(&-~ ..^ : {SEAL) , \~,-~ ,_/ . .. '.,-' '~. NOTARY PUBLIC FOR THE STATE OF MONTANA "":.. ".', , BOz,E.fYJ AN " Residing at My Commission expires t; - { 6 --CJ q ACCEPTED: -1~ - ~ ~ CITY OF BOZEMAN by its City Manager ATTEST: ~~ Clerk of the City Commission 3 " . , " . STATE OF MONTANA ) ) SS. Gallatin County ) flL W 198 ?,~St3989 / LhL; k - ( before me, On ":I day uf 199[3, ...- ' "---..-.----- _.,.._._._--~~,--,..,._".... ..t.,--2~. (_-~,.:.........--- a Notary Public for the State of l';'Lc:( ana, personally appeared CLARK V. JOHNSON and ROBIN L. SULLI , known to me to be the City 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 hereunto set my hand and affixed my seal on the day and year first written above. / /!1 L---'-l . ..../' ( S EA,r,T. L" , -/)} , -d-L C/C r:~~ -L.,.'"---_ ~f:/--l:>o:~~- - /" _. ,~./AOTARY PUBLIC FOR THE STATE OF MONTANA ....// Residing at . ;; /~J< /,7Wi'-,c-'...-/ / ./ . My Commissicm e xi) ire E3 ft..' /..y~-;i ;; ..- ---..--.-...------.------- 4 , '. ~ - EXHIBIT "A" n!~ 19R ::irf3990 . ol. ~ ,I ":~,..: ./ ''l. 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 69014'21" West, a distance of 30.59 feet to the Point of Beginning; Thence North 38059' 19" East, a distance of 1157.72 feet to the end of this easement; The sidelines of said easement being lengthened or shortened so as to begin on the south boundary of cas 893 and end on the north boundary of cas 893; Containing 34,732 square feet, more or less. H:\30?9\ESMT#18W.FRM 4 ; -~~! 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