HomeMy WebLinkAbout00- Davis Water Pipeline Easement and Agreement
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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
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Shelley Vance-Gallatin Co MT MISC 30.00
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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
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Shelley Vance-Gallatin Cc MT MISC 30.00
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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.
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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
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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.
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" ., '-IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
\'. Y.car-~st abbve written.
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L (SEAL)
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otary Public for the State of Montana
Residing at B07-:El,,^^!0
My Commission expires G ~ I .~ ,,0.,
Ronald L. Davis
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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
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SCALE: 1"=100'
S. LINE SEC 26
N. LINE SEC 35
S89'44'21"W - 428.50' --'V
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IN1/4 COR SEC 35
IFND 1 3/4" I.P.
IW/2" BRASS CAP
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30' WIDE WATER
LINE EASEMENT TO
CITY OF BOZEMAN
0)
o
d
l"')
IX)
0,
o
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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
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Shelley Vanoa-Gallatin Co MT MISC 30,00