HomeMy WebLinkAbout85- Bozeman Deaconess Foundation Water Pipeline Easement and Agreement
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WATER PIPELINE EASEMENT AND AGREEMENT
87FAGE4030
BOZEMAN DEACONESS FOUNDATION, a Montana corporation of Bozeman,
Montana 59715, GRANTOR, in consideration of Ten Dollars ($10.00) and
other good and valuable consideration, receipt of which is acknowledged,
grants to the City of Bozeman, a municipal corporation of the State of
Montana, 411 East Main, Bozeman, Montana 59771-0640, GRANTEE, its
successors and assigns, a perpetual easement to lay, construct and
maintain a 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, to be located on the following described real
property:
Parcels of ground in the SW~, Section 8, NW~, Section 17, and
the SE~, Section 18, Township 2 South, Range 6 East, P.M.M.
The easement description is more particularly described on the
attached Exhibit "A", which by this reference is 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, enlarge,
replace and maintain the pipeline, services, connections, acces-
sories and appurtenances;
(2) Trim, remove or otherwise control, with acknowledgement of the
GRANTOR, 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 adj acent to that which
is subject to this easement to the extent GRANTEE may find reason-
ably necessary with the acknowledgement of the GRANTOR; and
. .
.-
fllM 87 rAGE 4081
(4) Support the pipeline across ravines and water courses with
structures which GRANTEE deems necessary with the acknowledgement
of the GRANTOR.
The GRANTEE agrees that:
(1) That, in connection with the construction, operating, patrolling,
repairing, substituting, removing, enlarging, replacing and main-
taining of said water pipeline, it will repair or replace, at its
sole expense, or pay to GRANTOR the reasonable value of any damages
to growing crops, existing fences, ditches and other appurtenances
of said land that my be disturbed hy its operation.
(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 stock pile 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 begin-
ning 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 manner as will
not hinder or prevent the proper cultivation of the tract to which
this right of way is hereby granted.
The GRANTOR agrees that:
(1) At no time will they build, construct, erect or maintain any
permanent structure within the boundaries of said easement without
prior written consent of GRANTEE.
(2) The GRANTOR warrants 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.
FilM 87 PAGE 4082
(3) The GRANTEE may peaceably hold and enjoy the rights and privileges
herein granted without any 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.
DATED this 16
day of
tlJ._A."~)
I
, 1985.
BOZEMAN DEACONESS FOUNDATION
By:
/----
Its: Administrator
ATTEST:
A~
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Clerk of~be<€otfurlssion
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Cit iHwnis.v J ~
CITY OF BOZEMAN
By:~2J,~
Its: City Manager
ATTEST:
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FilM 87 PAGE 4063
EXHIBI1' "A"
, , I I
BOZEMAN DEACONESS HOSPIT1\L
WATER MAIN EAS1~MEN'l'
An easement located in the Northeast quarter of Section 18, and
the Northwest quarter of Section 17, Township 2 South, Range 6 East,
Principal Meridian Montana, City of Bozeman, Gallatin County,
Montana, and being more particularly described as follows:
Beqinning at the Ea~3t one-quartGL' COrllCT of said Section 18;
'l'henee North 080 21' 58" West, a distance of 9 7 2 . CJ 1 feet to u point
on the center line of new Highland Boulevard and true point of
beginning; Thence South 850 3D' 14" East, a distance of 74.76 feet;
Thence North 040 29' 46" East, a distance of 30.00 fect; Thence North
850 30' 14" West, a distance of 74.76 feet to a point on the center.
line of new Highland Boulevard; Thence along the curve to the right,
which is the centerline of new Ilighland Boulevard, having a central
anqle of 420 02' 25" and a radius of ~)87 .26 feet, an arc distance of
430.90 feet; Thence North 480 00' 00" East, alonC] the centerline of
new Highland Boulevard, a distance of 635.35 feet; Thence South 420
00' 00" East, a distance of 75.00 feet; 'l'hence North 480 00' 00"
East, a distance of 30.00 feeti Thence North 420 00' 00" West, a
distance of 75.00 feet to a point on the centerline of new Highland
Boulevard; Thence North 480 DO' 00" East, along t.he centerline of
new Highland Boulevard, a distance of 35.05 feeti Thence alonC] the
curve to the left, which is the centerline of new IIighland Boulevard,
havinq a central angle of 420 11' 15", u radius of 688.50 feet, un
ure distance of 506.95 feet; Thence South 850 26' 09" East, u distunee
of 75.00 feet; Thence North 040 33' 51" East, a distance of 30.00
feet; '1'henee North 850 26' 09" West, a distance of 231.00 feet;
TI1C'nce North 040 33' 51" East, a dis tance 0 f 30.00 fc,c t; Thence North
il50 26' 09" West, i:l distance of 30.00 feet; 'J'hence South 04u 33' 51"
\'!est, a distance of 60.00 feet; Thence South 850 26' 09" Ea,~:;t, il
di~,;LclDce of 156,00 feet; Thence alon9 the curve to Lll(~ risrht, havinC]
a central angle of 420 07' 50" and a radius of ()r5B. 5] feet, un arc
d is tan ceo f 4 8 4 . 2 1 fee t; '1' hen c e SOU t h 4 BOO 0 I 0 0" We:; t, a cl i s tan c e
of ]1').05 feeti Thence North 420 00' 00" West, a di:3tance of 366.18
feeL; '.i'hcnce North 65055' 44" West, a distance of 1:;2.18 [eeti
Thence North 240 04' 16" East, a distance of 10.00 feet; Thence North
Ci50 55' 44" Ivest, a distance of 30.00 fee.t; Thence, South 240 04' 16"
\'/cst, a dist.ance of 10,00 feet; Thence North 650 ri5' 44" West, a
di5tance of 130.80 feet_; 'l'hence North 420 AD' 00" Wes!:., a distance of
15.82 feeti Thence North 480 00' 00" Ea."t, a distance of GO.OO feet;
'1'I1('n('(' North 420 00' 00" \vest, a distance of 35.00 recti Thence South
480 00' DO" West, a distance of 60.00 feet; 'I'hence North 420 00' 00"
\I/('~;L, a distance of 49.00 feet; Thence North 480 00' 00" East, a
distallce> of 4').00 feet; 'l'hence North 4Lo 00' 00" He,3L, a distance of
30.00 feet; Thence South 480 DO' 00" West, a dist_ancc of 45.00 feet;
'T'hcl1cC North 42000' 00" West, a distance of 90.00 feeL; 'J'hcnce North
"18" 00' 00" East, a distance of 230.00 fect; Thence North 420 00' 00"
West~, i1 distance of 30.00 feet; 'rhence South 48Q 00' 00" West, a
di~3tancc of 290.00 feet; Thence South 420 00' 00" !';ast, a distance of
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; ~' , I ~ "J" Jill ( 'I f . ; j J I ' . ~ ';' ~ r n" -' ~ ~ r) :i t,J,1 1
',1,,1. I 11.oill 1;'0""/11"1'\
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87p!UE4084
;,rJ.U(j tt;(~t.; Thence South 48(100' 00" West, a distance of 305.57
teeti Thence South 030 19' 14" ~vest, a distance of 598.24 feet;
'Thence South 010 04' 27" East, a distance of ]21. 2.0 feeti '1'hc:nce
North 880 55' 33" East, a distance of 30.00 feeti Thence North
010 04' 27" West, a distance of 320.06 feet; Thence North 030 19'
14" 1';.J. E3 t , a d i s tan ceo f 5 8 4 . 7 5 fee t i '1' hen c e No r t h 4 8 0 0 0' 0 0" E a s t ,
d distance of 293.24 feet; Thence South 420 00' 00" East, a distance
of 138.57 feeti Thence South 650 55' 44" East, a distance of 286.94
feeti '1'hence South 420 DO' 00" East, a distance of 179.82 feeti
Thence South 480 00' 00" West, a distance of 55.00 feeti Thence South
4:?O 00' 00" East, a distance of 30.00 feeti Thence North 480 00' 00"
EZlE;t, a distance of 55.00 feeti Thence South 420 00' 00" r'~ast, a
disU1l1ce of 150.00 feeti 'I'hence'South 480 00' 00" West, a di~-;tance of
424.00 feeti Thence North 420 00' 00" West, a distance of 27.00 feet;
'I'hence South 480 00' 00" West, a distance of 30,00 feet; Thence South
420 00' 00" East, a distance of 27.00 feeti Thence South 48'" 00' 00"
West, a distance of 181.35 feeti Thence along the curve to the left,
having a central angle of 420 38' 18" and a radius of 617.26 feet,
an arc distance of 459.36 feet; Thence South 670 53' 58" West, a
distance of 159.87 feet; Thence South 220 06' 02" Eat3t, a distance
of 30.00 feet; Thence NO.rth 670 53' 58" East, a distance of 145.29
feet; Thence North 770 35' 37" East, a distance of 31.07 feet to the
true point of beginning and containing 3,4201 acres.
~ 139788
~ h~ ' '. State of Montana
".... ~ 55.
County of Gallatin
Filed May 20th ' 1985
at 4. 01 -p M., and
Recorded in book______8.l of
MISCELLANEOUS Page 4080
~ tl'J -'~
,.- --C;unty Cierk & Recor.
By ( /];>"'7-/ .7 (? P7 ~c-
Y Deputy
Fee $ 12. 5 0
Rt: City of Bozeman
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