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Home My WebLink About95- Daum Water Pipeline Easement and Agreement , , .~. J 1,,< '-J ~ ~ ~ \j) I- D tc , ' , 1 e e .. FILM 1.1.3 P~CF2024 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT The Estate of Harry M. Daum, The Conservatorship of Ramona MCKean Anna Mae Anderson, Lori Healy, Joan Anderson and Ross Anderson, th~ GRANTOR (8), in consideration of One Dollar ($1. 00) and other good and valuable consideration, receipt of which is acknowledged, remise and quitclaim to the City of Bozeman, a municipal corporation of the State of Montana, 411 E. Main, Bozeman, MT 59771-0640, GRANTEE, its successors and assigns, 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 in Gallatin County, Montana, thirty (30) feet wide to be located on the following described real property: a perpetual A tract of land situated in Gallatin County, Montana, described as follows: A 30.00 foot wide easement for a water main in the sw 1/4, Section II, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows: Commencing at the Southeast Corner of the E 1/2-W1/2-NE 1/4-SW 1/4 of said Section 11; Thence along the South centerline of said NE 1/4 of the SW 1/4, S89023'43"W a distance of 182.83 feet to the True Point of Beginning; Said easement lying 15 feet on both sides of the following described line: Thence SOoo29'18"W a distance of 121.00 feet; Thence N89030' 42"W a distance of 33.22 feet to an existing water line, and terminus of this easement. The sidelines of said easement being shortened or lengthened as required so as to begin on said south line of the NE 1/4 of the SW 1/4 Section 11; Said tract contains 4625 square feet more or less ~.. The centerline is shown on the attached Exhibit A which by this reference is made a part hereof. The remlse and quitclaim 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, servlces, connections, accessories and appurtenances; 1 ~ e e (2 ) FILM 153 PACr2025 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 interfere with or be hazardous to and maintenance of the pipeline; Grade the land subject to this easement and fills of this grading into and on that which is subject to this easement may find reasonably necessary; and SUpport the pipeline across ravines and water courses with structures which GRANTEE deems necessary. or threaten to the construction, operation (3 ) and extend the cuts the land adjacent to to the extent GRANTEE (4 ) The GRANTEE agrees that: (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water 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 fences, ditches and other appurtenances of said land that may be disturbed by its operation. (2) That, during operations involving excavation, i.t will remove the topsoil from the trenched area to a depth of one foot, or to the full depth of the topscil, ,,~hichever 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) 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 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 soils or by placement of fill material within the boundaries of said easement without the prior written consent of the GRANTEE. (3) The GRANTEE may peaceably hold and enjoy the ri.ghts and 2 . ~ FILM 153 PACf2026 privilee hereil'! granted Without.my interruPtion by the GRANTOR ( S) " The terms, covenants and provisions of this easement and agreement shall extend to an be binding upon the heirs, executors, administrators, personal repreSentatives, successors and assigns of the parties hereto. DATED this rt^ . "Q I 1995 STATE OF ...I.:t A H C) COUNTY OF Ad 0.. On this ~'(tA day of ~'L, 19 'Is before me, a Notary Public for the State of ~aJa~~ personally appeared Rotu-t- t.J.. c:~,. , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he executed the same as i;xecI.(.+or of -rhe. fS-r4 ~c. of-~'~'""f'~~~au.yY\ I deC-lLQ~"'!J. \\,. \~,. ..,) ...../ /i ',.t". (/~~ ,I (7 ~... . .t~C>";'~:""'/< ~ &.y.~ :;0 c" ,) _)- Notary Public for the State of J1A(j~ I ~-I { <: fll-"~~ ...<: , Ilh A =-1.r,~ -Q () residing at iif:JuLt, I.. ~ I ' \lJ.M..Y\o \ "'}.. U 8'-\ :c, ..c' My commission expires /1~99 ..'...... ""~l':.~'..'.O.1'::';:\:~..,.',','.. ......"... r ,.' . IJ""'IIIIII' -eX.- DATED this ~ day of U1.n/Yl a. ).11 tLt {IJj. d'e-iA+0 . ' 7 L(I . _ ('. d ('tf.,-;J( /1-,:'.t..(.'-4l7'>L' "" Ulv..... .~, _ '#- ( . v. '..'. tf- . <".'7 7. The 'Conservatorship of Ramona Ij'. 1- (//~"\.() U 19 9,j t:l> .,) MCKean STATE OF COUNTY OF W~6Y1]... {)~tDn \(13 C 'm On t his _ ) Notary Public for Ctl'1\'\:\ lYtio OtYi\arSJn subscribed to the he executed day of _.q~,1 L- 119 C\5 before me, a the State of V\}}f-J\llflttm:n personally appeared , known to me to ~ the person whose name lS foregoing instrument and acknowledge to me that t .. j ('1 : ('.' t.. /\ .~''-'I'I_h. " /. ; ',.;, ).'.'- i i,:', :,\ .)' Notary Public for the S ate of ~tD() residing at \<i:rtt- I~ My commission expires--.J - <-:::L<?- C{ ~ ~\ " . / ft.-1t/J-t{{ ) /7 eLf ...;;- ~ day of aj'-V'..r_ /,' . {/~ ot~..lA,J 6-n-/ DATED this . , Anna Mae An90n e , , STATE OF WQ,0hl n&nn COUNTY OF K"n~j ,I) I'll day of ~~~~'J 9 (j F... , ' ',1 ~before me, a Notary PUbllC" for the State of '. k ," ,^"JJ,' '~'iY\ ' , r" . - ~-----"-~' I personally appeared Ctnl'1ll llliJe urYb 'JOn known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to m~ that he executed the same. ~ ~. FILM 153 PACf2027 On this Notary Public for the residing at K~'1~ My commission expires fir o f \\.rl~1l fMl-rn n ,~ 'l~ a~""--C(;( ~ J ;; I A(f<-;L , 19!L'S Lori ~ STATE OF WC\S11~3tcn COUNTY OF KJ'~. ,hm ~ L- /)-" On this "-l. day of v (\ ,19 V'I? before me, a NO,tary Public for the State of " ,~I ()5-tun personally appeared -'-lif\.' \h~ '-'I ' known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he executed the same. r': /!" C.~. i,-.,.~: ~...,; i'\,.:: i',~ "0"''';'' { ~~ (X. tlL01UA\cilCL1'f\- Notary Public for the' n:te of Wd501~(1 residing at K~ My commission expires 1-d~: q~ ) -Ih- / " . /1 ~-I'I1o-- ..!/1 d~/ -., /' \j , 19 ~ L')'--- '. , FILM 15.3 PACf2028 . , . Joan e , known to me instrument and before me, a On day Notary Public for the name is me that N tary Public for tn~ " Q.Le li c.......:;; , oct. ~~ eSldlng at \::::u. '-'~)Q~ 0c-. , My commission expires , ~"~ ~ l- g_qj IttCalrmsslan ~u 11-9-97 DATED this 7 day of ~L , 19-.:;'.5 ~~~./ Ross Ande son I STATE OF Nl(J)1/-a no.. COUNTY OF Pia Ifrll1rL On this 7th day of ()ff)l ,19 tfS before me, a Notary Public for the State of JYjfJYlf--tJflC\. personally appeared 1<rr.:;c; Unftrf)(JV) , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he executed the same. , IV! f JD--JL{ ~-qc.;- ACCEPTED: CITY OF BOZEMAN (~ ~(~ ~" Bh--,!.-,"--r~J <:"'-' \ c.~~'~, .I, ,les E. Wysocki City Manager 7};~~ Clerk of the Commission STATE OF MONTANA ) : S5. County of Gallatin ) On this _ 17th day of July , 1995, before me, the undersigned, 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 Commission, respectively, of the City of Bozeman and the persons whose names arc subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. (SEAL) L C~~~ Notary Public for the State of Montana, residing at Bozeman, Montana. My commission expires ;:; . /~j=_- 5} J .. . ~BLIC UTI~ITY EASEM.T A PORTION OF THE SW 1/4 SEC. 11, T25, R5E. P.M.M, FILM 153 PACE2029 CITY OF BOZEMAN. GALLATIN COUNTY, MONTANA - EXHIBIT "A'- . . SCALE; 1"=60' ~ I-- 9 ~ (Ij :> i5 1Il =' Vl,-.. ~8 0 08"l W ~~b 10 Wit: -' :- ::l':~ ::.: <.J 8 1Il <:( 1Il 'h N ci IX) .- -'- --,--- - ---- ----I __-;:- w~ ..-"- ..-- ~ . - - -_~_::-~-------r-1 .--"-- I I I I , I I I I I / / I I I I I I / / I I I I I I I I I I I I I I I I / I I I , E. 1/16 COR. I SW 1/: SEC. 11 ~~ <004<004 ii ~~ ~<3 ~2 (j) N b o z POINT OF BEGINNING CENTER 1/16 SW 1/4 SEC 11,\ POINT OF COMMENCEMENT 182.83' N89'23' 43"E 1336.22' I I r I I ~======::=---------0l$1tfG ~ : -__~ SEIlUt_ -----~.t1osllHo Il'AIUl -----------___ ~ I ---~-~-- -- I -----------, \ I , . I : \ I : I.J "1 ~ utSS 15' / 30' ESMT. i: PROPOSED 8" DUCTILE IRON PIPE WATER MAIN liNE & CURVE DATA TABLE 1 SOO'29'18"W 121.00' 2 NS9'30' 42"W13.22' 305402 Stete 01 Mont.. County of Gallatin. IlSi FileJ for reoo"/ MAY 15 . 19..2.L.at 3:07 PM.. orlll r"cordoJ in Hook 153 of MISCELLANE~, pdqIJ ~~. At.., II. ct., Recorder FEE: $36.00 I~ It'1^^'J. 0 ~L1N\"'~Depul1 RT: AMERICAN LAND TITLE~ /'V' R."':~ fIIII<<_ ENGINEERS PLANNERS SUR'KYORS P,O. Box 1113 901 T_nology Blvd. Bozeman. NT 59n1~111.3 Phon. <401.1) "'7-072'