HomeMy WebLinkAbout89- Dodge Gallatin Trust Easement for the Lyman Creek Water Supply, 1989
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FILM 107p~GE 113
ACCESS EASEMENT FOR THE LYMAN CREEK WATER SUPPLY PIPELINE
Access easement and right-of-way agreement maae and entered
into this lOth day of ,July, 1989, between the 1983 Dodge
Gallatin Trust, Dodge et al trustees, Donald D. and Ruth D. Dodge
Life Estate, hereinafter referred to as Grantor and the City of
Bozeman, a municipal corporation and political subdivision of the
State of Montana, hereinafter referred to as the Grantee.
WITNESSETH:
WHEREAS, Grantors own certain real property in Gallatin
County, Montana, which property is subject to an easement between
the parties hereto for the Lyman Creek Water Supply Pipeline, and
which property is more particularly described hereinafter; and
WHEREAS, the Grantee desires to have access to the
previously established easement and right-of-way agreement for
the Lyman Creek Water Supply Pipeline for the purpose of
constructing, installing, operating, using, repairing, replacing
and maintaining its public water supply pipeline and
appurtenances; and
WHEREAS, Grantee desires to acquire from Grantors, and the
Grantors are willing to grant to the Grantee said access easement
and right-of-way for said purposes of access and incidental
rights as are hereinafter described.
NOW, THEREFORE, in consideration of the sum of One Dollar
($1.00) and other valuable consideration in hand, paid by the
Grantee, the receipt whereof is hereby acknowledged by the
Grantors, and in further consideration of the covenants and
agreements between the parties hereto, the Grantors hereby grant,
bargain, sell, convey and confirm unto the said Grantee and its
successors and assigns a perpetual access easement to be used for
City authorized operations and maintenance for said water supply
pipeline and which is described as follows:
Centerline Description of Access Easement
A 30' wide access easement across Tract A-I of COS No.
917-A and Tract 1 of COS No. 1144A all situated in the
W~ of Section 28 and the NW~ of Section 33, TIS, R6E,
PMM, Gallatin County, MT, and being 15 feet on each
side of the following described centerline:
Beginning at a point which is SOI032'29"E a distance of
10.00 feet from the SW corner of Section 28, TIS, R6E,
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filM 107 PAGE 114
PMM, said point also being on the westerly line of said
Section 33; thence from said true point of beginning
along a curve to the left with a radius of 24.89 feet a
distance of 33.70 feet; thence NIoo53'16"E a distance
of 556.57 feet; thence N01037'11"W a distance of 278.20
feet; thence along a curve to the right with a radius
of 1920.00 feet a distance of 1481.32 feet; thence
N42035"OR"E a distance of 468.60 feet; thence along a
curve to the left with a radius of 500.00 feet a
distance of 89.69 feet; thence N32018'03"E a distance
of 415.48 feet and N43043'31"E a distance of 81.48 feet
to a point on the easterly line of Tract 1 of
Certificate of Survey No. 1144A. Said point being end
of easement.
A diagram of said access easement as surveyed is attached
hereto as Exhibit "A" and which is hereby incorporated by this
reference into this easement as though fully set forth herein.
However, the written description shall govern the diagram in the
event of any discrepancy.
The Grantee hereunder may improve the road to provide for
all-weather access to said easement.
Grantee agrees that all authorized vehicles must stay within
the boundaries of said easement traded herein.
Grantee agrees that the easement is for City-authorized
operations and maintenance only, and shall endeavor to restrict
the use of said easement by unauthorized individuals.
The Grantors 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.
The Grantors further agree that the Grantee may peacefully
hold and enjoy the rights and privileges herein granted without
any interruption by the Grantors.
It is understood and agreed by the parties hereto that this
agreement shall be binding upon the heirs, executors,
administrators, successors and assigns of the Grantors and upon
the successors and assigns of the Grantee forever.
IN WITNESS WHEREOF, the Grantors have hereunto set their
hand the day and year first above written.
1983 DODGE GALLATIN
RY:ts, " Trust,\es:
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Donald D. Dodge, Jr.
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;"Sallie Dodge 4i venp,ort f
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TRUST:
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HL~ i07f!GE 115
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~ald D. Dodge, II
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Ruth D. Dodge, Li
AND
t,iFE ESTATE :__
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Donald D. Dodge,
Life Tenant
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Tenant
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STATE OF COLORADO
ss.
County of Denver
On this 12th day of May , 1989, be fore me a Notary
Public in andfu'r the State of Colorado, personally appeared
Donald D. Dodge, Jr., Ruth D. Dodge, Sallie Dodge Davenport,
Diana Dodge Constant and Donald D. Dodge, III, known to me or
proven to me to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the
same.
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<' NOTARy'~-iicr:BLIC FOR rifE' STATE OF COLORADO
/'~".,Residin~'~~t 1580 Lincoln Street #1120 - Denver, CO 80203
, !1Y,S()Inmi~~ion expires: July 2, 1991
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ClqOF BOZEMAN;) , ) ,
By ~1"~( L.-c~~2e,,--_
Its ~ity Manager ~
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ATTEST:
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Clerk of the Commission
STATE OF MONTANA
ss.
County of Gallatin
On this /~qL day of ~~ ' 1989, before me, a Notary
Public in and for the State of Montana, personally appeared James
E. Wysocki, City Manager, and Robin L. Sullivan, Clerk of the
Commission, known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that
they executed the same.
tL-
August, 4, 1989
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EXHIBIT MAP
fiLM j07flGE 116
A 30,00' WIDE ACCESS EASEMENT ACROSS TRACT A~I OF COS No. 917-A a
TRACT A OF COS NO. I 144A ALL SITUATED IN THE NWI/4 OF SECTION 33
a THE WI/2 OF SECTION 28, TIS, R6E, PMM, GALLATIN COUNTY, MONTANA
N 1/16 COR TO
SECS. 26 6 29
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CITY OF BOZEMAN
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W 1/4 COR SEe 28
N 43'43' 31. E
61.46'--~
N 32" 10' 03. E ...
415.4e'-~ I,,:
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A'IO' 16' 38. =
R'flOO.OO'
L.eg.69'
C-W 1/16 COR SEC 28
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SCALE: I" -500'
N 42' 3f1' 00. E
468.60' ./
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C/L Of NEW----.I
ROAD EASEMENT -, /
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TRACT I
COS NO 1264A
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/ A'44' 12' 11..
R.19Z0.0e;'
L. 1 4e I . '2'
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I /.-... C/L OF EX I STI NG ROADWAY
SW 1/10 COR SEC 28
C-S 1/16 COR SEe 2
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/ N 0"31' II.W
I 278.20'
TRACT I
COS NO. 1144A
, N 10' fl3' 10. E
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SEC COR TO SECS
28,29,3Z 8 33
- - -P-:O. B '-A'H'33' 58.
R-24.69'
L'33.10'
S 1/4 COR SEC 28
CITY OF BOZEMAN
TRACT A-I
OF
COs NO. 917-A
Centerline Description of Access Easement
A 30.00 feet wide access easement across Tract A-I of COS No. 917-A and Tract 1 of COS
No. 1144A all situated in the WI of Section 28 and the NWl of Section 33, TIS, R6E,
PMM, Gallatin County, MT, and being 15.00 feet on each side of the following described
centerline:
Beginning at a point which is SOlo32'29"E a distance of 10.00 feet from the SW corner
of Section 28, TIS, R6E, PMM, said point also being on the westerly line of said
Section 33; thence from said true point of beginning along a curve to the left with a
radius of 24.89 feet a distance of 33.70 feet; thence NI0053'16"E a distance of 556.57
feet; thence NOI037'11"W a distance of 278.20 feet; thence along a curve to the right
with a radius of 1920.00 feet a distance of 1481.32 feet; thence N42035"08"E a
distance of 468.60 feet; thence along a curve to the left with a radius of 500.00 feet
a distance of 89.69 feet; thence N32018'03"E a distance of 415.48 feet and N43043'31"[ )
a distance of 81.48 feet to a point on the easterly line of Tract 1 of Certificate of h
Survey No. 1144A, Sai d po i nt bei ng end of easement. xl/-
EXHIBIT A U v
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State of Mont.. Cotmty o'f G;:,I~atln. ss flied for record ' July 28th -,.-. rrs 89
at-","",,1,~: ,201LM.. C),,' ,'" d ,"= ' ;., ~" ,,'_JQL__o, f,_-f_~lIS;r',I~,L" ,A,N,I:_?2!,lJ~~ ". .ppaa,gg~ 13
-..f.-;)!;:?J/gj. <:fVL, i!J'"""n.eli/ Recorder 8'1 _~.~odX~rJUt:1
RT: City of Bozeman
$25.00