HomeMy WebLinkAbout95- Cockerham Water Pipeline Easement and Agreement
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WATER PIPELINE AND ACCESS EASEMENT AGREEMENT
Scott Cockerham, authorized representative for the Estate of Harry M. Daum, deceased,
of 16 12th Ave South, Suite 206, P.O. Box 9, Nampa, ID 83653-0009, the GRANTOR (S), in
consideration of One Dollar ($1. 00) and other good and valuable consideration, receipt of which
is acknowledged, remise, quitclaim and release to the City of Bozeman, a municipal corporation
of the State of Montana, 411 East Main, Bozeman, MT 59771-0640, the 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 city water in, through, and aeross a strip of lffild situated in Gallatin County,
Montana, thirty (30) feet wide to be located on the following described real property:
The tract of land shown on Certificate of Survey No. 467, according to the
plat thereof, on file and of record in the office of the Clerk and Recorder,
Gallatin County, Montana, and located in the S 1/2, SW 1/4, Sec. 11, T. 2 S.,
R. 5 E., P.M.M., and containing 38.612 acres.
The Easement is more particularly described on the attached Easement "Exhibit A" which
by this reference are made a part hereof. This remise, quitclaim 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 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 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 ffild extend the cuts and tIlls 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:
(1) That, in connection with the construction, operating, patrolling, repamng,
substituting, removing, enlarging, replacing, and maintaining of said water main
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, existing fences, ditches
and other appurtenances of said land that may be disturbed by its operation.
filM 155PACE4101
(2) That, during operations involving excavation, it will remove the top soil from the
trenched area to a depth of one foot, or to the full depth of the top soil, 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 matcrial 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) 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) agree that:
(1) At no time will they build, construct, erect or maintain any permanent structure
within the boundaries of said casement 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 GRANTOR warrants that they lawfully possess 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 Co., 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) GRANTEE hereby abandons the existing water main easement, more particularly
described on attached Exhibit A, and hereby remises, quitclaims and releases the
existing water main easement described on Exhibit A to the owners of the real
property more particularly described 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.
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DATED this ;29 day of V"''''f:.. , 1995
GRANTOR: SIGNED: \/&;1 ('aiL
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STATE OF IDAHO
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COUNTY OF CANYON
On this JCjiJ day of CUAIl_j ,1995, before me, a Notary Public in and for
the said State, personally ap~ared Scott Cockerham, known to me to be the person whose name
is subscribed to within this instrument and acknowledged to me that he/she executed the same.
In witness whereof: I have hereunto set by hand and affixed by official seal the day and year first
above written.
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NOTARY PUBLIC FOR THE STATE OF IDAHO
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CITY OF BOZEMA
by its City Manager
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STATE OF MONTANA
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COUNTY OF GALLA TIN
On this j? J J-J day of 91 to.. IJ . i: ' 1995, before me a Notary Public
for the State of Montana, personally appeared James E. Wysocki and Robin L. Sullivan, known
to me to be the City Manager and Clerk of the City Commission, and known to me to be the
persons whose names are subscribed to within in this instrument and acknowledged to me that
they executed the same.
In witness whereof, I have hereunto sct my hand and af1ixed my seal on the day and year first
written above. . t\Ot':~'j~~>\i
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NOT~;P~~C~STATEO/M~NTANA ill7\i"~"~\
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EXHIBIT A
NEW WATER MAIN EASEMENT
A 30 foot wide easement for city water main purposes over, under and across the following
described property:
The tract of land shown on Certificate of Survey No. 467, according to the plat thereof,
on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana,
and located in the S 1/2 ofSW 1/4, Sec. 11, T. 2S, R. 5E, ofP.M.M. and containing
38.612 acres.
The centerline of said easement is described as follows:
Commencing at the northeast comer of Tract 2, Certificate of Survey No. 1553; thence
southerly 181041'56", asswned azimuth from north, 233.66 feet along the east line of
said Tract 2; thence easterly 090021' 17" azimuth 155.17 feet to the point of beginning of
the centerline to be described and hereinafter referred to as Point A; thence westerly 2700
21 '17" azimuth 96.67 feet; thence southerly 180040' 26" azimuth 281.95 feet; thence
easterly 0900 38' 13" azimuth 95.28 feet and there terminating.
EXISTING WATER MAIN EASEMENT TO BE ABANDONED
And a 30 feet wide existing water main easement to be abandoned, over, under and across the
above described tract. Said easement to be abandoned lies 18 feet easterly of and 12 feet
westerly of the following described centerline:
Commencing at hereinbefore described Point A; thence southerly 180" 57' 16" azimuth
15.00 feet to the point of beginning of the centerline to be described; thence continuing
southerly 180057' 16" azimuth 108.05 feet to a point hereinafter referred to as Point B;
thence continuing southerly 180057' 16" azimuth 144.38 feet and there terminating.
And a 30 foot wide existing water main easement to be abandoned for hydrant relocation, over
under and across the above described tract. The centerline of said easement to be abandoned is
described as follows:
Beginning at hereinbefore described Point B; thence westerly 2700 57' 16" azimuth 30.00
feet and there terminating.
Note: it is the intention of this document to abandon all existing water main easements lying
within the proposed building expansion for the Bon Marche store, with the entire
easement being abandoned between the side hnes of the new easement as described
previously.
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EASEMENT EXHIBIT A
Easmnent for Relocation of Waterrnain
BON MARCHE' BUILDINC EXPANSION, MAIN MALL, BOZEMAN MONTANA
a portion of Certificate of SU1"'Vey No. 467
Located in the S 1/2, SW 1/4 Of Section 11, T. 1 S., R. 5 E., OF P.M.M.,
Callatin County, Montana
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Area of [\JEW EASEMENT
Area of Easement to be abandoned..
1 3, .31 7 S (~ F t
8,050 Sq Ft
or- 0.308 Acre
(:H' n.1 CiS Acre
C & H ENGrEER#JG AM) SURVE~ NO.
Civil/Structural Engineering, Land Surveying
614 West Lamme (406) 587-1115
Bozeman, AIr 59715
SHEET 2 or 2
Scale In Peet
1CJO 0
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,30 0
Scalf' 111 Meters
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3104'75
OFFICE (HI COUNTY HECOHDEH )
C.OUNTY OF GALLATIN )
STATE OF MONTANA )
INDEXED
PLATTED
TJIIS INS'I'RUlVIENT WAS FILED FOH In:CC)HD IN THIS OFFICE ON
TilE 22ND DA Y OF
AUGUST
, A.n.,lH~_
F'C $30.00
Shelley M. Cheoey
AT 3: 20 P 1\1" AND WAS DO L Y HECOHDED IN nool< 155
OF MISCELLANEOUS HECOHDS, PAGE 4100
RECOHDEH. BY ,,"->>0?/7 ~ n; 12fJ1Pm/-I-5 DEPUTY
(
RT: CITY OF BOZEMAN, PO BOX 640, BOZEMAN MT 59771