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Home My WebLink About99- Bockham Sewer and Water Pipeline Easement and Agreement . ~ ~ , . 0( :'1 W 204PME1340 I I" SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Don Bockhahn , of 1500 Mountain Goat Road, Bozeman MT , 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 easement to lay, constmct and maintain an 8" DIP water pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water in, through, and across a strip of land situated in Gallatin County, Montana, thirty (30) feet wide, "more or less", to be located on the following described real property: 1304-1312 West Babcock Street, A Tract of land located in the SW 1/4, Section 12, T2S, R5E PMM, City of Bozeman, Gallatin County MT. Commencing at the Center Corner of Section 12, a found lron Pin at the intersection of 11 th Ave and Babcock Street Thence West 701 AO feet to the Point of Beginning (POB): Thence West 30.00 feet to a point Thence SOd49'36"W a distance of304,OO feet to a point: Thence West 11,00 feet to a point: Thence South 20,00 feet to a point Thence East 11,00 feet to a point Thence SOd49'36"W a distance of 195,00 feet to a point Thence West 11,00 feet to a point Thence South 20,00 feet to a point Thence East 11.00 feet to a point: Thence SOd49'36"W a distance of 120.45 feet to a point; Thence East 30,00 feet to a point; Thence NOd49'36"E a distance of659.45 feet to the Point of Beginning, Said Easement contains 20,240 square feet. The easement is more particularly described on the attached Exhibit(s) D 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(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 blUSh inside or outside the boundaries of the easement which may, in the opinion ofthe GRANTEE, interfere or threaten . . . i FIlM 204 PACf1341 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 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: (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said Water pi pel ine( 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 appUl1enances 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 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 sutliciently to prevent the formation of depressions after final settlement has taken place, THE GRANTOR(S) AGREES: (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 offill material within the boundaries of said easement without the prior written consent of the GRANTEE, (3) That where the subject improvements are not located under improved public or private streets or other provided access, a 12 foot wide all-weather access road may be constructed within 2 . , , . I filM 204 PACE 1342 the easement where at the City's discretion such access is required for operation and maintenance purposes, (4) The GRANTOR(S) 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, (5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S), 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 / ~S day of --- STATE OF MONTANA ) ) ss, County of Gallatin ) On this ~ay of '{\\Q.-L\ __ ' 19:J'l, b~ore me the undersigned, a Notary Public for the State of Montana, personally appeared \)Cl'I" '()C)(,'~,\\C\..\, \"'\. ,known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written, '1\',L;,,'llr""lr"11 \" ,(l'tl 1\") "I... ,,' ,\'c,\~~.cu~ <' ,',,_ ____) ( . . ~~ .". ,......" 1" ~ -:,_ "~ ... ..~,' _ ~, Cy"\-'.....i"'~~ . (_./.0_ s...... . . ., "": r:-. ~". -, : :: Notary Public for the State of Montana ~... ~,,~'i""'" !,' "*' "._'.~ _\ '-I J., ::," Residing at "<'~o'-Z"C,.",Cc_',- . "A~"" ..:;..' ',,, My Commission Expires (~_L"'),~ -'..~. ~~)C!C<,( "Or";~'r>">"') I J,/l....~ ,\ " 3 - , . . ACCEPTED: :r IM~43 ~- CITY OF BOZEMAN byits City Manager ~~;( ~ilk~ Clerk of the City Commission STATE OF MONTANA) ) ss, County of Gallatin ) On this t'fl\ day of ~ ' 19;1:1 , hefore me, a Notary Publicfor the State of Montana, personally app~d ARK V, JOHNSON and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the City Commission for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman, IN WITNESS WHEREOF, I have hereunto set my hand and aflixed my seal on the day and year first above written. (SEAL) , , , otary Public for the State Qf~lOntana .' Residing at Bozeman, Montan1, ...., My Commission Expires:_~~v/~~ ~ /' " ~ ) , 9' r' ' '. ..~'" ~!~: , 4 . . · EXHIBIT 'D' flL~ 204 PAUl344 SEWER AND WATER PIPELINE AND ACCESS EASEMENT LOCATED IN THE EASTERN PORTION OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P .M,M., CITY OF BOZEMAN, GALLATIN COUNTY MONTANA CENTER CORNER SECTION OF SECTION ----___ 12, T2S, RSE, PMM POINT OF BEGINNING 30.00' LEGEND I ~ SYMBOL DESCRIPTION I ,. + QUARTER CORNER g t: ~ . ALUMINUM CAP ___I") ----- ~ SEWER AND WATER PIPELINE , - - ~ - - - - - / /. AND ACCESS EASEMENT I ' .LJ AREA (20,240 SQ. FT.) , ~// COMMENCING AT THE CENTER CORNER SECTION I' V /~ OF SECTION 12, T2S, RSE, PMM, SAID POINT W 11.00' L..J BEING A 1/2" IRON PIN AT THE INTERSECTION ~ ~ S 20.00' ':0 in OF BABCOCK AND 11TH AVENUE; THENCE WEST !:", . ,~ "': A DISTANCE OF 701.40 FEET TO THE TRUE ~I' m E 11.00 ~;ot''; m POINT OF BEGINNING; THENCE WEST A DISTANCE ~ <0 ~ ~ <0 OF 30.00 FEET TO A POINT; THENCE SO'49'36"W z V/ A DISTANCE OF 304.00 FEET TO A POINT; THENCE ::r: WEST A DISTANCE OF 11.00 FEET TO A POINT; ::? , THENCE SOUTH A DISTANCE OF 20.00 FEET TO j 0 A POINT; THENCE EAST A DISTANCE OF 11.00 - -g- 8 - - - - -- FEET TO A POINT; THENCE SO'49'36"W A DISTANCE Cl Il5 OF 195.00 FEET TO A POINT; THENCE WEST A , - -:;i-a> ,- - - - -- DISTANCE OF 11.00 FEET TO A POINT; THENCE ' ~ ~ ~ SOUTH A DISTANCE OF 20.00 FEET TO A POINT; Cl THENCE EAST A DISTANCE OF 11.00 FEET TO A POINT; THENCE SO'49'36"W A DISTANCE OF 120.45 FEET TO A POINT; THENCE EAST A DISTANCE OF 30.00 FEET TO A POINT; THENCE NO'49'36"E A , DISTANCE OF 659.45 FEET TO THE lRUE POINT OF S 20,00 BEGINNING. SAID EASEMENT CONTAINS 20,240 E 11,00' SQUARWET I ~~ , ~~ L' E132.:'~ - ~~~ ..~~ W > <( ~ ~ ~ 0' 100' 200' 300' ti'IIIIII I I I I I I I SCALE 40251U State oj Mont., County oj Gullatin, s., i"i/",{ ;or r,'COrO OCTOBER . ~...~~~ 'II 22ND ,19~_(lt ll: 5~M.. uru! :w"l""'" :" I{",.;, 2g~,,.~ of MISCELLANEOUS page ..11.40 dhdLe~t/;!}:""n,~,J:"cord(!r FEE, $30.00 (CHG) ~ /+ RT: CITY OF BOZEMAtlly ...~, ' D",,,uty