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Home My WebLink About96- Estate of Daum Water Pipeline Easement and Agreement rD?- Sep 10.1996 18:06AM FRO~l THOMRS DERN RND HOS<IN'3 TO 12138466275'3 P.02 RE&ElVEC SEP18 .'1996 . ffL,. 168 PACfJ182 WATER PIPELINE AND ACCESS BASEMENT AND AGREEME~ Estate of Harrv M. Oaum,of N~mpa. Iddho, the GRANTORS, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, remise, quit claim, and release to the City of Bozeman, a municipal corporation of the state of Montana, 411 East Main, Bozeman, NT 59771~0640, GRANTER, its succeSSOrs and QSsign3, Q 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 of land situated 1n Gallatin county, Montana, and containinq 38.612 acree. ExceDtina therefrom a parcel ~; 'I 0'"" ~O -0 ~7 to be located on the following described real prop@rty: The tract of land shown on Certificate of Survey 46~ ~ordina to the Dlat thereof. on file and of record in the office of the Clerk and Recorder, Gallatin County. Montana of land conveyed bv Bargain and Sale Deed to the Mont8na DeDartment of TranSDortation recorded in Fil~ 156, Page 2840 and Film 156. Page 2844 of the records of the Gallatin County Clerk and Recorder and containinq 1.68 acres more or lesso_,B.aid tract is lo~ated in the Southwest Quarter of Section 11. TownshiD 2 South. Range 5 East. P.M.M. The easement is more particularly described on the attaChed Exhibit8 A and e which by thiB reference are made a part bereor. This remise, quit claim, and release 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 oau~in9 the leaet 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, acc@ssories and appurtenances; 1 Sep 10,1996 10:07~M FROM THOMAS DEAN AND HOSKINS TO 12084662759 P.03 filM 168 PACfJ18.J (2) Trim, remove, destroy, or otherwis@ con~rol 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 subiect 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 pipoline across ravines and water courSQS with structures which GRANTEE deems necessary. THE GRANTEE AGREES THAT: (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and roaintaininq of said WATER MAIN pipeline, it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any damages to growing crops, existing rences, pavement, ditChes and other appurtenances of said land that may be disturbed by its operation. (2) That, during operations involving excavation, it will remove the tOpSOll from the trenched area to a depth of one foot, or to the full depth of the topsoil. whichever is lesA, and stockpile said topsoil 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 ~nd remains atter backfilling 1s 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) To lay, construct and maintain said pipeline in such manner as will not hinder or prevent the proper cultivation of the 2 'Sep 10, 1996 10: \J8RM FRO!"! THOf1AS DERN Rt~D HOSK I NS TO 121384662759 P.04 FILM 168 PACf3184 tract to which this right of way is hereby granted. THE GRANTOR(S} AGREE THAT: (I) At no time will they build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent ot GRANTEE. (2) At no time will they modify the finished grad~ of thQ 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) Tha CRANTOR(S) warrants that they lawfully po~sess the real property described above, and that they have a lawful right to convey the property, or any part of it, provided the foregoing warranty is subject to the Mortgage of Pacific Mutual Life Insurance Company, dated October 29, 1980 and the Ground Lease among GRANTORS, dated April 16, 1976. (4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR (S) . (5) The GRANTEE hereby ctbandons the existing water main easement more particularly described on attached Exhibit A and shown on Exhibit B, and hereby remises, quit claims and releases the existing water main easement described on Exhibit A and shown on Exhibit B to the owners of the real property more particularly da&cribed on Page 1 of this Water Pipeline and Access Easement Agreement. 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 /b.#' day of /r~ G~#a7~.)2/ ;~ , 1996. 3 Sep 10 .1996 10: 09RM FROM THOMAS DEAN AND HOSK I NS TO 12084662759 P.05 fiLM 16S'PACf.llS5 STATE Of' ~fd'.t?M ) /J SS . ulfL COUNTY ) On this /tJlt day of ~tz-'':n.tLb{', 1996, before me, a Notary publ ic in and for the ate of .L), personally appeared ("P " known to me to be the persons whose names a su scr1b to w1thin this instrument and acknowledged to me that he did execute the same. In witness whereof, I have hereunto set my hand and a~~ixed t _ .,l1hf,.,.., my offic~ seal e day and year t~rst above wrltten....... ~ J. }' +.'" ..__- .... ( ~.'W ...,..~ _... C (/.. '. \ ~U- ,~. .CL----"-. 'IIi.. Co .. NO RY PUBLIC FO I l\OT A~..,.,. \ ,. Residing at * _._ : My Commission It c: * ..-. (18 L \ ... .: SEAL ~ .~c l ~ 0' 11)........... ........-- ACCEPTED: ~~~' C Y Trt~F C~~~E~~qer . A~J ~~/ Clerk of the C1ty Commission STATE OF MONTANA sa. Gallatin County On this 21st day of October , 192&., before me, a Notary Public for the state of Montana, personally appeared Jamos E. Wysocki and Robin L. SUllivan, known to mo to be the city Manager and Clerk of the City commission known to me to be the persons whose names are subscribed to the foregoing 1nstrument and aCknowledged to me that they executed the same. In witness whereof, I have hereunto set my hand and affixed my 8Aal on th@ d~y and year first writt@n abov@. rtlM#ZlA tJl; /WlI /l / ALJ NOTARY PUBLIC FOR THE STAT OF MONTANA Residing at C My Commission s.~.", ,\t/J "IA;' '''.,' 8"t .,,~ ,'1.. "~ ~.~......~j. '.~ .....,...,,\. <c" \, I...;, f.lf) .. ..' .'. ~"~. ...~fO.... . ~.~\, ~.'I \', t" k' ~ t' " lit.. ., , Q'" ",. fE C r \~. 4 0,: t . 1 =~, 1 '3'36 CJ3: 28Ft'1 FROt'1 TH[It'lHS DEHH 8HD HO'3V I t,JS TO 5::::22363 EXHIBIT A filM 168 PACfJ186 DESCRIPTION OF EASEMENT An easement for city water main purposes over, under and across a parcel of land within the following property: The tract of land shown on certificate of Survey 467, accOrding to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana and containing 38.612 acres. Exceptin~ therefrom a parcel of land convey~d by Bargain and SalQ Deed to the Montana Department of Transportation recorded in Film 156, Page 2840 and Film 156, Page 2844 of the reCords of the Gallatin county Clerk and Recorder and containing 1.68 aCres more or less. Said tract is located in the Southwest Quarter of Section 11, Township 2 South, Range 5 East, P.M.M. The bounds Of said easement being described as follows: Commencing at the Northeast corner of Certificate of Survey 467; thence South 00016'25" West, a distance of 201.64 feet along the East line of said Certificate of Survey 467; thence North 89043 '35" West, a distance of 22.77 feet to the point of beginning, and hereinafter referred to as Point Ai thence in a clockwise direction aroUnd and along the perimeter boundary of said easement, through the following courses: South 82017'16" West, a distance of 41.20 feet; North 07042'44" West, a distance of 22.56 f~Qt; North 82"17'16" East, a distance of 11. 94 feet; North 07042'44" West, a distance of 24.00 feet; South 82"17'16" west, a distance or 11. 94 feet; North 07"42'44" West, a distance of 20.96 feet; North 82017'16" East, a distance of 41.20 feet; South 07042'44" East, a distance of 67.52 feet; to the point of beginning. Containing 2,495 square feet. As shown on Exhibit B. EXISTING WATER MAIN EASEMENT TO BE ABANDONED And a 30 foot wide existing water main easement to be abandoned over, under, and across the above described tract. The bounds of said easement to be abandoned being described as follows: Commencing at hereinbefore dC2cribed Point Ai thence South 82017'16" West, a distance of 8.03 feet to the point of beginning; thence in a clockwise direction around and along the perimeter boundary of said easement to be abandoned through the following courses: South 82017'16" West, a distance of 30.01 feet; North 08Q46'07" West, a distance of 67.53 feet; North 82017'16" East, a distance of 30.01 feet; South 08046'07" East, a distance of 67.53 feet; to the point of beginning. containing 2026 square feet. As shown on Exhibit B. P.D2 , . Sep 10. 1996 10: 10RM FRO!'! THOl'lRS DERN RND HOSK I NS TO 12084662759 P.07 EXHIBIT A - CONTINUED fILM 168 PACr-J18? .~ Meaning and intending to abandon all that portion or portions of any previously existing water main easements which lie within t.he previously described new easement, within the proposed building expansion for the Buttrey Food and Drug store, and within the narrow strip betwcon ~uid new easement ana said building expansion. z o -4 ..,. ~ .;>- .;>-, Z N o lo ~ EX HI BIT B fILM 168PACr,Jt.~8 EASEMENT FOR RELOCATION OF WATER MAIN BUTIREY BUILDING EXPANSION, MAIN MALL, BOZEMAN, MONTANA A PORTION OF CERTIFICATE OF SURVEY NO. 467 LOCATED IN THE SW 1/4 SECTION 11, T. 2 S., R. 5 E., P.M.M., GALLATIN COUNTY, MONTANA NEW EASEMENT AREA 2495 SQUARE FEET ABANDONED EASEMENT AREA 2026 SQUARE FEET OFfICE Of COUNTY RECORDER) COUNTY OF GALLATIN ) STATE OF MONTANA ) NEW EASEMENT LINE w -w 11.94' :z: o (;j :z [( C5 () z 6 -1 :5 QJ 3 '35~)91 t f...! .. Fee $ I, 2 00 NE CORNER COS 467 FD ALUMINUM CAP PROPERTY LINE HATCHED AREA I EASEMENT TO BE ABANDONED PROPOSED WATER M IN ~ tfl 0 ~I 0 r-; -4 OJ .;>- I.C) ~ "<t I! ..,. 3= ..f>;, 'in P1 ;. '" ~ w w ~ '(Jl ~ b ~ 0 0 Q" (',j UJ ~8 NEW EA EMENT LINE ~S' POIN "Ai N N (Jl 01 BEARING BASIS COS 467 o 20' I I I I I SCALE \ \ \ \ ~ \ \ w o co 1.C) (',j FD ALUMINU~ CAP IIHI>!lCIIl PLAmO 9643-EX.DWG THOMAS. DEAN & HOSKINS INC. ENOINEEIUNO cONllULTANTlI ~-.G~ILL ~ ~ J---- . --- ---------- THIS INSTRUMENT WAS fILED fOI{ RECORD IN TillS OfFICE ON THE 25TH DA Y OF NOVEMBER , ,,^,:fio., 19 96 AT 9: 23 A. M., ^ND W AS DULY RECORDED TN DOOK 168 Of MISCELLANEOUS RECORDS, PAGE 3182 RECORDER. BY &.AIUO/ YA'lA'J..A/ DEPUTY SIIIJIar II. ElaIllIY RT: CITY OF BOZEMAN