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HomeMy WebLinkAbout00- Davis Water Pipeline Easement and Agreement .~, . . dJ2tait~ SE'WER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Ronald L. Davis, of Clackamas, Oregon, 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 water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water in, through, and across a strip ofland situated in Gallatin County, Montana, thirty (30) feet wide to be located on the following described real property: A 30' wide water line easement to the City of Bozeman, situated in a portion of Tract 1 of Certificate of Survey No. 2050, situated in the NWV4 of Section 35 and the SW';4 of Section 26, , T.IS, R.5E P.M.M., Gallatin County, Montana and being further described as follows: Beginning at a point which bears S 89044'21" W, a distance of 428.50 feet from the Nl/4 of said Section 35; thence from said True Point of Beginning S 00016'42" W, a distance of830.09 feet to a point on the north line of Tract 2 of Certificate of Survey No. 2050; thence along said line S 89044'23" W, a distance of30.00 feet; thenGe N 00016'42" E, a distance of 830.09 feet to the north line of said Section 35; thence along said line N 89044'21" E, a distance of 30.00 feet to the Point of Br:ginning. ~8.;d C8.S'2ment being 0.571 ::teres or 24,872 sq.ft. The easement is more particularly described on the attached Exhibit(s) A 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 brush inside or outside the boundaries of the casement 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 Ronald L. Davis Page I ................. ~ '. 11 ) 7" , . ',"""" 11111111 U 111111111111 ~~,~~F:?~p Shelley Vance-Gallatin Co MT MISC 30.00 . . 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 pipeline(s), it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any damages to growing crops, cxisting fences, ditches and other appurtenances 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 begilU1ing 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(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 placcrllent of fill material within the boundaries of said easement without the prior written consent of the GRANTEE. (3) 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. (4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). Ronald L Davis " 111111111111" 111111 ~~~~~?~p Shelley Vance-Gallatin Cc MT MISC 30.00 Page 2 . . 11111111111 ~ 1111111 II ~~;~:'~~:?~p Sh.ll.y Vano.-Gallatin Co MT MISC 30.00 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" DATEDthis---1Ldayof_ J l~ ,2000. n ~1~~ ~Q GRANTOR, Ronald L. Davis INIlIVIDUAL oee~ol'J STATE OF MONTANA ) C:. j (T[.X..fh-" 1"5 ) ss. County of Gallatin ) On this i l~day of 0c<-L~ ' 20Qd bjfOre me the undersigned, a Notary Public for the State of M~~ta~, perso~lally ppeare.d ., R.OYlttJ ~ L.. D ft- vi .s , known to me to be the person whose nan~ IS subsCrIbed to the wlthm mstrument, 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. (SEAL) . OFFICIAL SEAL .: ; . JULIE RETTERER .. NOTARY PUBLIC-OREGON COMMISSION NO. 331705 MY COMMISSION EXPIRES FEBRUARY 16 2004 ~~~~ ary Public for the State of Montan.[(" ORPf17l1 Residing at Bozeman, Montana phrJ P,-"5ClI~ VR.e:Jcrr7 My Commission Expires ;2-jtb-2(J(J1 CORPORATE STATE OF MONTANA ) ) ss. County of Gallatin ) On this _ day of ,_ ,20_, before me the undersigned, a Notary Public for the State of Montana, personally appeared, , known to me to be the of and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Ronald L. Davis Page 3 . , IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written_ (SEAL) Notary Public for the State of Montana Residing in Bozeman, Montana My Commission Expires ACCEPTED: \ .\.. ...-.- .,"._-_..~- .._'--"-"'::'.-:-~\.""".-'-'-"~ CITY OF BOZEMAN by its ~ j)(~r ATTEST: (2~2~ Clerk of the City Commission STATE OF MONTANA ) ) ss. County of Gallatin ) A cf1 '-_/-1 On this 1 day of ,20oJ , before me the undersigned, a Notary Public for the State of Montana, rsonally appeared CLARK V. JOHNSON and ROBIN L SULLIV AN, 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. 'I . " ., '-IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and \'. Y.car-~st abbve written. ..- .' "" ~.:f.~ ;~ L (SEAL) ) ./ ' / L'1 / '1' --<.- otary Public for the State of Montana Residing at B07-:El,,^^!0 My Commission expires G ~ I .~ ,,0., Ronald L. Davis Page 4 1111111111111111111111 ~~;~~F:?~ SMelley Vanoa-Gallatln Co MT MISC 30.00 ..... EXHIBIT "A" A 30' WIDE WATER LINE EASEMENT TO THE CITY OF BOZEMAN, SITUATED IN A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY No, 2050 SITUATED IN THE NW1/4 OF SECTION 35 AND THE SW1/4 OF SECTION 26, T,1S" R,5E, P,M,M" GALLATIN COUNTY, MONTANA AND BEING FURTHER DESCRIBED AS FOLLOWS: Beginning at 0 point which bears S89'44'21 "w 0 distance of 428.50 feet from the N1/4 of sold Section 35; Thence from said True Point of Beginning SOO'16'42"W 0 distance of 830.09 feet to 0 point on the north line of Tract 2 of Certificate of Survey No. 2050; Thence along soid line S89'44'23"W 0 distance of 30.00 feet; Thence NOOi6'42"E 0 distance of 830.09 feet to the north line of said Section 35; Thence along said line N89'44'2'''E 0 distance of 30.00 feet to the Point of Beginning. Said eosement being 0.571 acres or 24,872 Sq. Ft. LOT 4A OF MINOR SUBDIVISION No. 221A BOZEMAN SCHOOL DISTRICT N89'44'21"E 30.00' Point of Beginning ~ SCALE: 1"=100' S. LINE SEC 26 N. LINE SEC 35 S89'44'21"W - 428.50' --'V I I ~~... IN1/4 COR SEC 35 IFND 1 3/4" I.P. IW/2" BRASS CAP I I I 30' WIDE WATER LINE EASEMENT TO CITY OF BOZEMAN 0) o d l"') IX) 0, o d l"') IX) TRACT 1 C. O. S. No. 2050 TRACT 1 C. O. S. No. 2050 OWNERS RONALD DAVIS EASEMENT AREA GROSS AREA: 0.571 ACRES or 24,872 Sq. Ft. 30' N-S MIDSECTION LINE I l SECTION 35 428.50' I , I I TRACT 2 C.O.S. No. 2050 S89'44'23"W 30.00' JUNE 13, 2000 99-506-4g.DWG 1111111111111111111111 ~~,~~F:?~p Shelley Vanoa-Gallatin Co MT MISC 30,00