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HomeMy WebLinkAbout85- Bozeman Deaconess Foundation Water Pipeline Easement and Agreement flU., 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~ ", ,'jJ ()~' r6!~--d4~ . ' " 'I "i'. ".0.,' ".' 1! ~~ '." . .": ".i'" /' . Clerk of~be<€otfurlssion . ; ,- ,.,',.-" .,,' ",,<'0' ;".:~ f~. tl~".,..~...) _,"'" ',"' it.Iei',';\ ',.' '" ~ ::"-~t"f3':'\_' . I,. ';:I/!itUfl'U - Jtt~~__5_/~ 145--" Cit iHwnis.v J ~ CITY OF BOZEMAN By:~2J,~ Its: City Manager ATTEST: " ", '" 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 '.-1 ~.. "'..~... J.._...~~....._.....~."......"""."_.",~,, . L ,I \ ., . -' , "t~",.j ! ; ~' , 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'\ I '" ' I' , ,'" r I'; ,1I I II oj I "1\ " ~ ; , I I HL~ 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 ....L........._.............:.~ ~.:.._............,n_~~r~~~~~~lIul.~ _~ ~ _~~~~