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Home My WebLink About98- Cape France, Inc. Water Pipeline Easement and Agreement '"I W 1n~ ;'fI '"JOn..., r IL .J" ; ,,'__.,)..'~'''' WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Cape-France, Inc., of 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, 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, Section 2, T2S, R5E, P.M.M. thirty (30) feet wide by sixty (60) feet long to be located on the following described real property: Being a part of that land described in Deed Film 114, Page 3112, in the Northeast one-quarter of the Northeast one-quarter of Section 2, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit(s) "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 GRANTORS 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 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 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. replace, at its sole expense, or pay to GRANTORS the reasonable value of any damages THE GRANTEE AGREES: f'll ~ 1G~ ?H'f ")(}O"J . .IL ,"'~~'I"'~'\p''[~..J-.,J~,' (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water pipeline, it will repair or to growing crops, existing fences, ditches and other appurtenances of said land that may be disturbed by its operation. (2) That, during operations invol ving 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 sufficiently to prevent the formation of depressions after final settlement has taken place. (3) Tolay, 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 GRANTORS AGREE: (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 of fill material within the boundaries of said easement without the prior written consent of the GRANTEE. (3) The GRANTORS 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. (4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. 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 " DA TED this ~ day of \ ~, ,""", i('O ". ,J l_. . , UI...\. L_.\.. " r' ( 1&1/ ~ c~__s....--, race E. France, ireasurer Cape-France, Inc. /~ ~ Gary France, Vice President Cape-France, Inc. STATE OF MONTANA ) ) ss. County of Gallatin ) /5<- tfl On this ~ day of Notary Public forthe State of Montan ersonally appeared Joann L. Cape, known to me to be the Secretary of Cape-France, Inc. and the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the within instrument for and on behalf of Cape-France, Inc.. , 19 o/f before me the undersigned, a IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. ",'" ,\,'" 11,11'://11111/11/ ", f" '0 (SR:A'L'l )'1"(',", " <,'..'\,'~' ~, ~~~ ,,':" ':', 'r '"i< ",<;:, e:,. ,"C",') \/\kl/i;'~-'1_)':?, ;c ~ .'~ .( '. '~ J -.J;- .... "~' :,..." r-' f\ L ~ . --f" . ~ : v~." : ~ : : ::;: .~ : ~ ".. .: '\ cPi-...,. ~...., ~ ~r"ij{1t ....... 1l>~ .1fffll Of \\It ~\\\~ II/{"""IJU""\\\\\\~ /VL. /lJ N a Public for the State of Montana Re laing at Bozeman, Montana My Commission Expires :?' ~S- -'I 9 , STATE OF MONTANA ) ) ss. County of Gallatin ) On this~ day of , 199;;; before me the undersigned, a Notary Public for the State of tana, personally appeared Donald E. Cape, known to me to be the President of Cape-France, Inc. and the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the within instrument for and on behalf of Cape-France, Inc.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and vearj above written. \\\l\\\i1uu1JtIJIJIIJ """" FU~ II!IIIII~ .,,' \'1'......" IVs ~ (~Jt~i:J(S'i A Ri-1/~~~ - -..J. ". 'S: : ,- ',....-: ". ~ ': ~ , t:.,.,," j-..L' ::: .' :.~; t............ : i: :; , : I! % 'ow ./ P "". n'.,._ .... ,,'i!r# 0, U7.;1' .......... ,(I"~ ~ -0/1; ~ It OF \Jj\)\'. \ ~#' IIII! \\\\\ 111111111111111"\\\\\\\ ~' . 1,//' t ",,- v;;: ,1 " \ .L-t"1, /11 It";t-:J~ Not. ublic for the State of Montana Resi ing at Bozeman, Montana, ,- ,.C;'- My Commission Expires ?-' ,,$ , 1"7' 3 STATE OF MONTANA ) ) ss. County of Gallatin ) fill ~ 198 rttf3995 On this J!i!flay ofhl~ , 19 qfbefore me the undersigned, a Notary Public for the State of Montana, personally appeared Grace E. France, known to me to be the Treasurer of Cape-France, Inc. and the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the within instrument for and on behalf of Cape-France, Inc.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and\\Yi(ilatl~i!lbQxe written. #""\\ l'l'." .F_L..~t\t 1~0-~ ~ ~ "'"'AR'" If ,.., ~ (S~,':':': ,,'....0, ,\'IA',,;:"i~,~' ~~~ -l("\:~.~ ~ ~; , ~ i :...... F ,~l ~ '"' ;.... r ,."'"1 ',' ~ ~ ~'-J~i'\--~ ... '. \ ~ +.. ...~' \, .J'.... .:~~ \.~~~:(;""~~.i 1t"Ii' uf M ~\~ "lilli/Jil/U"I\\\\\I\~ STATE OF MONTANA ) ) ss. County of Gallatin ) ,,-;1, C.-x:; On this b '/day of , 19 ~q before me the undersigned, a Notary Public for the State of tan a, personally appeared Gary France, known to me to be the Vice President of Cape-France, Inc. and the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the within instrument for and on behalf of Cape-France, Inc.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. \\\i\\IIIIIIIIIIII/I .~o\,\\\\\ FLA II"IIII~ (SEA'~ ~:.........'yJ' ~% .# ,<~."o '\ ARI-1('-'~-v ~ g ~ ;':";>- ". '" % g ....,;; S'EAL \ % t ~' j I~ '" . . ~\' '. .. ..... .....&-# &'~;:';"...,,~..... ~ ~ ~ ''''{'cOP ~ ff't"1l ' , , ~\\,*~ ~11I11/1/1/11I"1\\\\\\~ r'~2 1L III ,-7 ACCEPTED: ~ \- CITY OF BOZEMAN by its Ci ty Manager ~T:y~ Clerk of the City Commission STATE OF MONTANA ) ) ss. County of Gallatin ) Y1 ~2 / 99? .1-<./ On this J day of ~. i~, betbre me the undersigned, aN otary Public for the State of Montana, personally appeared CLARK 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 4 'fl~:U 1ri' 9" ~",.,tI~r '~' '}(" . I' :r. ,~, I '~, <::1-" ,,,,,-}f:) acknowledged to me that they executed the same for and on beha bf e ItY 6 ozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. ." ',' "i'''~ii-,,':!.ftJ:. it l.~.! 0/'1.>,; , ~'") '?- '($.....1" ' , .It. . "", r7 . l:.,1IJ.... 'J;-,' '''.' -~ . ~;\,:,~.~, ~ rn . "",,' '). .. i . ~ , ..~ ,t , "" ,,"'" ,~) c u~ r"~~' \ ..,. ....'\ ..',. r' :;; 1-', t. t,: (,. A' ' . U ..,' 1 .. . ~ l' ;/ //:f ~/) r:~!r-;- tC;~<-r ~iZ_f,LC'~' //'NOTARYPUBLICFOR THE STATE OF MONTANA ,/" Residing at ~':./:'..t.,..t:...,.L/ My Commissio expires 6. V - t?f H:\260S\009\EASEMENT\CAPEEAS,WPD 5 , . EXHIBIT "A" ifi/ll~ 1:98 r~.n~n A portion of that land described in Deed Film 114, Page 3112, in the northeast one-quarter of the northeast one-quarter of Section 2, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, described as follows: A 30.00 foot by 60.00 foot water pipeline and access easement, which is more particularly described as follows: Commencing at the northeast corner of said Section 2, thence South 89044' 46" West, a distance of 387.00 feet along the north section line of said Section 2, thence South 00015'14" East, a distance of 50 feet, to the True Point of Beginning; Thence South 00015'14" East, a distance of 30.00 feet; Thence South 89044'46" West, a distance of 60.00 feet; Thence North 00015'14" West, a distance of 30.00 feet; Thence North 89044'46" East, a distance of 60.00 feet, to the True Point of Beginning. 6 Said easement contains 1,800 square feet, more or less. H:\260S\009\EASEMENT\CAPEEAS,WPD '. '" ,ChMORRISON [rtJ MAIERLE,INc. \ \ \ \ EXH I ~tT 1~ff~St3998 A Water Pipeline and Access Easement Across a Portion of land as described in Deed Film 114, Page 3112, in the NE1 /4 NE1 /4 Section 2, T2S R5E P.M.M. "- % TRACT 2 ENGINEER MORRISON MAIERLE, INC. P.O.BOX 1113 BOZEMAN. MT 59771 C.o.s. 1215 TR",CT j ~o.s. 1215 ruA~ S"mcrr C 1/4 SEe 1 GARDNER - SIMMENTAL PLAZA SUBDIVISION 35~6 S89~6''vI 2 1---------""" 387.00' BAXTER LANE N89~6'E: 60.00' c.n ~~ c ..... b~ c_ . "':: LINE L1 L2 '- P.O.B. 30'X60' ACCESS & UTILITY EASEMENT 60.00' CAPE/FRANCE ENTERPRIZES \ \ t:, ~ ...y ..... ~ ...y -y~ ~ ~ GRAPHIC SCALE 50 _ ~o 100 k.._ I ( IN FEET ) 1 inch = 100 ft. 200 I \ BASIS OF BEARING \ EAST LINE OF SEC. " N on1'29" E j AS SHOWN ON C:S N_~_. 12158 ,..""" --'THIS fNSTlnJ~li.;NT WAS FILED FOn !{ECO!{/) IN TillS OFFICE UN TIlE 28 D^ Y OF MAY , ^.D" I!J 99 ____ ^ T 2: 4.9 p. M., AND WAS D U L Y nile 0 It j) E DIN 11 () 0 J< ..1..98..,,___ OF MISCELLANEOUS RE(~OHIJS, PAUE 3992 Fee $ 42.00 .srt.1l'ft/ flIQ.nt!1 RECORDElL BY ~~,/ ~ ____ DFP~~~ RT: CITY OF BOZEMAN ~ OFFICE OF COUNTY RECOHDEH ) COUNTY OF GA LLATIN ) STATE OF I\IONTANA )