HomeMy WebLinkAbout98- Cape-France Water Pipeline and Easement and Agreement
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WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
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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. varying from sixty (60) feet
to thirty (30) feet wide to be located on the following described real property:
A portion of Tract D, Certificate of Survey No.1240-F, located in 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.
THE GRANTEE AGREES:
Th. .. h h . . Fll~II.198 rACt4000b. .
at, m connectlOn WIt t e constructlOn, operatmg patro mg, repalnng, su stltutmg,
(1)
removing, enlarging, replacing, and maintaining of said water pipeline, it will repair or
replace, at its sole expense, or pay to GRANTORS the reasonable value of any damages
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
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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.
,~AT,
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Gary Fra ce, Vice President
Cape-France, Inc.
STATEOFMONTANA )
) ss.
County of Gallatin )
On this liiJ day of ,:/2t l7e , 199f, before me the undersigned, a
Notary Public for the State of Montana, personally appeared J oann 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..
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day an4\'};~ii\~ above written.
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N a Public for the State of Montana
Re iding at Bozeman, Montapj/__[tQ
My Commission Expires 0 /.':> . /1
STATE OF MONTANA )
) ss.
County of Gallatin )
On this Jb!!" day of /1L~ , 1 fI'f: before me the undersigned, a
Notary Public for the State of Mo~a, 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..
l~\\~JI~/~SS "YHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day a~~\\fe~.. ~~~~'W{ltten.
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N ry Public for the State of Montana
Residing at .B~zeman,. Montana., , ~._ j?,c
My Commission Expires ?-~3 -" /'
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STATE OF MONTANA )
) ss.
County of Gallatin iJ). ... m~ 198?t.q4(X)2
On thIs 1(; day of Gk. J-e-' , 19 9fbefore me the undersIgned, a
Notary Public for the State of Monta~rsonally 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 .~~tlJ~.~~',:~~, written.
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No Public for the State of Montana
Residing at Bozeman, Mont~, ,"
My Commission Expires o-s- ff
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STATE OF MONTANA )
) ss.
County of Gallatin )
On this /S-t4ay of /'hJL.-- , 191cfbefore me the undersigned, a
Notary Public for the State 0 ontana, 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 ~p:~NIE,~~IIWHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and y:e'a~p.8~~~en.
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lding at Bozeman, Montana tY ,< {} C;
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ACCEPTED:
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CITY OF BOZEMAN
by its Ci ty Manager
A~T:d' ~~
Clerk of the City Commission
STATE OF MONTANA)
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County of Gallatin )
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On thIS J day of ~t<...,.L - , m%; before me the underSIgned, a Notary
Public for the State of Montana, p rsonally 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
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 affixed my seal on the day
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{~} flL~ 198 PAC[4003
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My Commissiort'fxpires ~ '/J'5/1
II:\260S\009\EASEMENT\STWTREAS.WPD
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EXHIBIT "A"
FILM 198 PACE. 4003 A
A portion of Tract D, Certificate of Survey no. 1240-F, located in the northeast one-quarter of
Section 2, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana, more particularly described as follows:
PARCEL 1:
A 60.00 foot wide water pipeline and access easement, the centerline of which is more
particularly described as follows:
Commencing at the East one-quarter corner of said Section 2, Thence North 50013'19" West, a
distance of 48.16 feet to the intersection of the centerline of North 1 9th Avenue and the
centerline of West Oak Street;
The following three (3) courses along said centerline of West Oak Street,
(1) Thence South 89034'43" West, a distance of 197.18 feet to a point of curvature;
(2) Thence along a curve to the left, having a radius of 1000.00 feet, an arc length of 110.62 feet,
to a point of tangency;
(3) Thence South 83014'26" West, a distance of74.23 feet to the centerline of Stone ridge Drive;
Thence along said centerline of Stoneridge Drive, North 06045'34" West, a distance of 32.50
feet, to the Northerly Right-of-Way line of West Oak Street, the True Point of Beginning and
centerline of said easement, having a width of 30.00 feet on each side of the following easement
centerline;
The following seven (7) courses along said centerline of Stoneridge Drive,
(1) Thence North 06045'34" West, a distance of 184.79 feet, to a point of curvature;
(2) Thence along a curve to the right, having a radius of 150.00 feet, an arc length of22.21 feet,
to a point of tangency;
(3) Thence North 01043'28" East, a distance of 401.59 feet, to a point of curvature;
(4) Thence along a curve to the left, having a radius of300.00 feet, an arc length of 165.64 feet,
to a point of tangency;
(5) Thence North 29054'24" West, a distance of 55.80 feet, to a point of curvature;
(6) Thence along a curve to the right, having a radius of278.03 feet, an arc length of 143.92 feet,
to a point of tangency;
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FILM 198 PAGE 4004
(7) Thence North 00014'50" West, a distance 01'326.13 feet, to Point A on thc centerline of
Tschache Lane, said point being the end of said easement.
The sidelines of said easement being lengthened or shortened so as to begin on the Northerly
Right-of- Way line of said West Oak Street, and end on the Centerline of said Tschache Lane;
Said easement contains 77,395 square feet, more or less.
PARCEL 2:
A 30.00 foot wide water pipeline and access easement, the North line of which is more
particulary described as follows:
Commencing at Point A, Thence North 89045'10" East, a distance of30.00 feet to the True Point
of Beginning and North line of said easement, having a width of 30.00 feet South of said
easement North line.
Thence along the centerline of said Tschache Lane, North 89045'10" East, a distance of 508.78
feet, to the East section line of said section 2, said point being the end of said easement.
The sideline of said easement being lengthened or shortened so as to begin on the East line of
Parcel 1 and end on the East section line of said section 2.
Said easement contains 15,261 square feet, more or less.
2605.009 STEXHIBA.WPD
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EXHIBIT ))B))
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FILM 198 PAGE 4004 A
Water Pipeline and Access Easement Across a portion
of Tract D, c.as #1240-F, Located in the Northeast
one-quarter of Section 2, T2S, R5E, P.M.M.
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100 0 50 100 200
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( IN FEET )
1 Inch = 200 fL
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N50'13'19"W
I 48.16' WEST OAK STI
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EASEllENT AS PER
DEED, Fll.l.l 98, PG 091
POINT A
PARCEL 1
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R=300.00'
L=165.64'
p.a.B.
PARCEL
589'34'43" W
197.18'
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2$05-000 ST-EASE.DWG
ENGINEER
MORRISON MAIERLE, INC.
P.O.BOX 1113
BOZEMAN, MT 59771
BASIS OF BEARING
EAST LINE OF SEC, 1, N 01'31'29" E
AS SHOWN ON CIS No. 12158
400
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VICINITY MAP
NO SCAlE
ElLocI< 3
T~GE'S
"oomaN
~MORRISON
o1:1J MAIERLE,INC.
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THIS INSTH,U!\lENT WAS FILE)) FOR RECORD IN THIS OFFICF ON
DA Y OF MAY , A.D., 19 99
p.M., AND \VAS DULY RECORDIW IN BOOK 198
OF R:I~::~~:~.OU:y ~d7~~~\GE 1l~:::TY
392032
OFFICE OF COUNTY RECORDEH )
COUNTY OF GALLATIN )
STATE OF l\10NTANA )
TIlE
AT
2:47
Fee $ 48. 00 .$J;.~tU.9' <Vema
RT: CITY OF BOZEMAN