The URL can be used to link to this page

Home My WebLink About00- J.C. Billion Water Pipeline Easement and Agreement . ...,-'liII> 11111111111111111111111111111 1111111111111111111111 ~~~;~0:~~, '," .. . ~ . . . SMelley Vance-Gallatin Co MT MISC 30.00 WATER PIPELINE EASEMENT AND AGREEMENT J. C. Billion, of Bozeman, Montana, the GRANTOR(S), in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59771-0640, GRANTEE, its successors and assigns, a perpetual casement for construction of water pipelines with the usual services, valves, cOlmections, accessories and appurtenances for the purpose of transmitting water in, through, and across a strip ofland situated in Gallatin County, Montana, thirty (30) feet wide to be located on the following described real property: (PLEASE REFER '1'0 EXHIBIT "A" AND EXHIBIT "B") The centerline is more particularly described on the attached Exhibit(s) "A" which by this reference are made a part hereof. This grant includes the right ofthe 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) Construct, 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 casement which may, in the opinion of the GRANTEE, interfere or threaten to interfere with or be hazardous to the construction, operation and maintenance ofthe 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: and (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. The GRANTEE agrees that: (1) That, in cOlmection with the construction of water pipelines, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water pipclinc(s), it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any damages to Page I of 3 Pages . . II 111111 II 111111111111 ~~~:~~~~, Shellay Vanoa-Gallatin Co MT MISC 30.00 growing crops, existing fences, ditches and other appurtenances of said land that may be disturbed by its operation. (2) That, during operations involving excavation, it will remove the topsoil from the trenched area to a depth of one foot, or to the full depth ofthe 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 materials or lilY 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 suiTiciently to prevent the 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. The GRANTOR(S) agree that: (I) 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 the 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(S) warrant that they are lawfully seized and possessed ofthe 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, (4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). DATED this 2 V day of 1rV1 ?V\-.~ , 2000. ~ ~ (i () ;J/ ' J -<U ~ I ):J:~ / .. I, STATE OF MONlJ;U-,' ~ss. COUNTY OF . ~ , ) On this ~day of ~in the yearL, before me ~ ~ M~ ( olary) personally appeared , known to me to be the Page 2 of 3 Pages - '. \ 111111 11111 111\111 \111 \\1111 III 1\11111 \\11111 III! III! ~~;~i~~;~?' . 0 Shelley Vanoe-Gallatin Co MT MISC 30,00 person whose name is subscribed to the within instrument, and acknowledged to me that (he, she or they) executed the same, (1-5-101,1-5-102,1-5-203, MC I), ~ 1 ~ ~~, f . .' , ,~ana. .,' .. "{ {, , .. .,-', V . .' e.;. '..,.- ~\,~ ,~"~11...~ /'\ 1, -':. ,:,' '.:r.1:. R I ~"" ..,. '~'.. - ~ "'~~L . <', ~, ,~ :' 5'''1 ~L \ \ i ; ,'.., '~l.. i ~ .. J ,__'.... III'~ . . ' -<: ~ : ~ - e.... ACGEP1j!D: ":1\ .- ~ " ~ .~..-\.- .-- ~",II ;.."~:;::.~\ '"i\" ,\...,~ >"o!. ';~: 'I ':: , ;.... ~~\\\\ 'nllHO"U~ CITY OF BOZEMAN ATTEST: (}~ci ..lJ~ Clerk of the City Commission STATE OF MONTANA ) COUNTY OF fJ!/A/L":", :ss. ) On this 19 day of rf:j:l ,2000, before me, the undersigned, a Notary Public for the Statc of Montana, personal y appeared Clark Johnson known to me to be the City Manager and Robin L. Sullivan, known to me to be Clerk of the Commission ofthe City of Bozeman and the persons whosc names arc subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. Ii };~ '; I,' '''" ~ C'-,\ ~' fli/.,1 N tary Pu . , for the State of Montana, " A1C'" "./ '-'SE" ,,/ ,." Residi at ~.A?d..;LJ , Montana, .P. ~ ..J ".'.1.'~ i"~ )' . r;;.:j ~ - \-" . " P'" , My conunission xpires /t.(/dj.lf/ . ;'::_ ::.\1 l..J ' ~~,."'" ~.Lll .~ I'" \' " ,,( . I'(~J 130\OOI\EASEM~\\WI'.BILLI,30Wf'D . ~......~: '.) Page 3 of 3 Pages " II III III II II II II 1111112012068 , . . Palle: 4 of '5 , . 05/09/2000 11 :48R Shelley Vanoe-Gallatln Co MT MISe 30,00 , EXHIBIT A . BAXTER CREEK BUSINESS PARK - pun November, 1998 UTILITY EASEMENT A tract of land locatcd in the SE 1/4 SE 1/4 Section 9, T2S, R5E, PMM, City of Bozeman, Montana, and being more particularly described as follows: Commencing on the SE corner of said Section 9; Thence along the East boundary of said Section 9 NOo022'13"E a distance of 101.46' to the North right-of-way line of U.S. Highway 191; Thence along said North right-of-way line and the South property boundary of JC Billion Auto Plaza Subdivision through a curve to the left of radius 22988.31', internal angle 01'00008'58" and arc length 01'59.99' to the westerly right-of-way of Cottonwood Road and the True Point of Beginning; and being a 30' wide strip North of and parallel to the following described line; Thence continuing along said curve on said right-of-way line with radius of 22988.31 " internal angle of 00015'0 I" and arc length of 100.42'; Thence continuing along said right-of-way line S89 0 15'47"W for a distance of 505.81' to thc SW property corner of said JC Billion Auto Plaza Subdivision, the end of the easement; The boundaries of said easement to begin and end on the West right-of-way of Cottonwood Road and the West property line of the JC Billion Auto Plaza Subdivision. Said easement being .42 acres, more or less. H:\3130\OO I \EASEMfNnUTIL-A. WI'D I UTILITY EASEMENT II III 11111 II 11I1 II II II 2012068 . ~\ Palle" 6 of 6 ' , . . 06/09/2000 11 :48~ . Shelley Vanoe-Gallatin Co MT MISC 30,00 10 l 9 ~----~---~ Certificate Of Survey #1005 Norton Ranch Inc, NE 1/4 SE 1/4 FOUND S 1/16 SE , 9 S 88'57'30" W 622,23' 4' MDor AT,M, CA LUSH 603,24' S88'57'30"W L3=N' 89 57'30"E, <!) ui "" "" 0 3: :-,0'" <( In ,"0 \>,0, 0<' , <,' '0<' ~~' '~, :<l <0' ci ~ (,. ), ~ n '"" "" 0 0 (f] N89'02' 37"E 2666.78' C1: 6. =00' 11 '24" END OF 3D' R =22988,31' L =76.20' EASEMENT C2'; 6. =00' 15'01" C2: 6. =00' 08'58" R =22988,31' R =22988,31' L = 1 00.42' L "'59,99' .II MORRISON ,NGINffRS 5C1ENTlS 1S :ltJRVE (OR~ EXHIBIT 'B' .. MAIERLE~INc. PlAntJ[RS 30' WIDE UTILITY EASEMENT :,ltKT 1\)4~) An Fm.ploy"!~ O~j!71r!d Ct' ~Il p'" "I.... PAGE 5/5 PO f::I01 Ill.} 1011~rhl1()lnqy HlvrJ 8I1l~rT1nfl, l,i'1 ~/)77) . Ph(lf'~ (4rJ!-il ~)87..1J1:'1 fOI (40fl) ~)Bl-ll'16 3130.001 BAXEASM,DWG 12/15/98