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Home My WebLink About89- Dodge Gallatin Trust filM 104fAGE4311 ~ EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR LYMAN CREEK WATER SUPPLY PIPELINE Easement and right-of-way agreement made and entered into thi S 9th day 0 f January , 19 ~ 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, hereinafter more particularly described~ and WHEREAS, the GRANTEES desire to construct, install, operate, use, repair, replace, parallel and maintain a public water supply pipeline and appurtenances for municipal purposes; and WHEREAS, GRANTEE desires to acquire from the grant,ors, and the grantors are willing to grant to the GRANTEE an easement and right-of-way for the purposes of installing, operating, using, repairing, replacing, paralleling and maintaining a public water supply pipeline and its appurtenances and for such other rights of access and incidental rights as are hereinafter described. NOTiJ, THEREFORE, in consideration of the sum of one dollar ($1.00) and other valuable consideration in hand, paid by the grantees, 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 water supply pipeline easement for the use of the public, in, through, under, and across a strip of land thirty (30) feet wide for the installation, operation, maintenance of a public water supply pipeline from Lyman Creek to the Lyman Creek Reservoir for use by the City of Bozeman across portions of C.O.S. #917A, 1144, and 1264, situated in the N.W.~ of Section 33, and the S.W.~ of Section 28, T.IS., R.6E., P.M.M., Gallatin County, Montana, and being 15 feet on each side of the following described centerline: -1- EASE F:tL~ l04i&GE4.3t2 "Beginning at a point on the west line of said Section 33, said point being S00050'41"E a distance of 435.74 feet from the N.W. corner of said Section 33 (S.W. corner of Section 28); thence from said point of beginning along a 160.00' radius curve to the left, the tangent of which bears S89012'07"E, through a central angle of 72017'53", for an arc length of 201.89 feet; thence N18030'OO"E a distance of 300.00 feet; thence N05028'52"E a distance of 216.93 feet; thence along a 286.50 foot radius curve to the right, the tangent of which bears N05036'04"E, through a central angle of 60000'00", for an arc length of 300.02 feet; thence N65036'04"E a distance of 100.00 feet; thence a10nga 559.00 foot radius curve to the left, through a central angle of 20030'00", for an arc length of 200.00 feet; thence along a 286.50 foot radius curve to the left throuqh a central angle of 14030'00", for an arc length of 72.51 feet; thence N25046'54"E a distance of 341.46 feet; thence N28013"06'E a distance of 300.00 feet; thence N42011'45"E a distance of 75.00 feet; thence N24056'45 E a distance of 325.00 feet; thence N21021'45 E a distance of 125.00 feet; thence NI1021'45 E a distance of 75.00 feet; thence N30016'45 E a distance of 267.00 feet; thence N24049'07 E a distance of 139.47 feet; thence N22026'45 E a distance of 109.52 feet to a point on the northerly line of said C.O.S. 1264, said point being the end of said easement, and bearing N34041'39"E a distance of 2662.14 feet from said S.W. corner of Section 28, and also being N64024'40"E a distance of 733.31 feet from the northwesterly corner of said C . 0 . S. 114 4 :' 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 wjll forever defend the title to this property against the claims of all persons. The GRANTORS further agree that the GRANTEE may peaceably 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, administra- tors, successors and assigns of the GRANTORS and upon t"he succes- sors and assigns of the GRANTEE. IN WITNESS WHEREOF, the said GRANTORS have hereunto set their hand the day and year first above written. 1983 DODGE GALI,ATIN TRUST :,.:~'tlU! E'-bvd._:>/ . AtfUt,[{ DlTl;-- ..J-t Trustees _"_ '-~-.'. SALLIE DODGE DAVENPORT . , " ~ . -X:,<JiJ.A \~:/ .~ 0"-- ....- (: l.) \..J . )-(. ---1 ~ ru.tj . ~~ V-L DO LD D. DODGE, cTR.. RUTH D. DODGE ._ ~~tl<;---- I' ~~ ._--~-~ --' -> --;~~_:_," -'-~ -f- \ DIANA DOD~~TANT - DONALfi D. DODGE, III 'I'"; ,,' " n ; , <."" \~r:=':',~ '- ,'"r. If'' \, , 1 ~ / \ -2- EASE FiIL,M 10 4P~G;E 431.3 ~ ... .. .. State of 55. County of On this day of Notary Public~and for the State of appeared known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. , 19 , before me a , personally NOTARY PUBLIC FOR THE STATE OF Residing at My Comission expires: State of Colorado 55. Coun ty of Den ve r On this 5th day of December, 1988, before me a Notary Public in and for the State of Colorado, oersonally appeared Donald D. Dodge, Jr., Ruth D. Dodqe, Sallie Dodge Davenport, Diana Dodge Constant and Donald D. Dodge, III known to me to be the persons whose names are subscribed to the within instrument and acknow1edqed to me that they executed the same. .\-~c.,0{:j'~~~' ~/"\ ~,/~ c ", '."'........ ,..~""I,,~ )..,/-~,~"..,t.:t.' /'(._ .,.,.........~,.rt.::",.~,..../~/...t.."'~A. .'f" NOTARY' PUBLIC FOR THE STA'I'E OF COLORADO -, ~"'~Jd?ilng. at 1580 Lincoln St. - Denver, CO MoJ'--'JC--o'ffimis!5ion expires: July 2, 1991 pJJ,~."t<(G' ... \' ~,.~,~'~'..~,r<',; ~ ;::,~ r:t:', . . ,.' l/I f ~ J . CITY OF BOZEMAN ~:' '....... I "j )' I i,.j'0;til,' -..J <::'.... " , r . =-4<"" _________ .oiL"":' ' ''--., \ B". " Y --.;..".......-'1. I\/~ ~/ Its Cirty Manager ''i " "-"...-- ATTEST: c!f::Jf ~e -~ A~ State of Montana ss. County of Gallatin ) On this !l!!. day of "\ ~.iIVu~' , 19j'j., before me, a Notary Public in and for th~-"S-t.;tl of Montana, pprs()na] Iy apppared James E. Wysocki, City Manager, 2nd Mry Cain Lathrop, Acting Clerk of the Commission, known to me to be the persons who subsc~ibed to in the above written document, and who acknolwedged .' t6..:tne.~€l1q~t they execute he same on the day and year first above / ''fr'' ... eJri: \~;~. .",' '''. 'L" , ,1. ~ <'"' , ----. '. oj "." ~ . September 14, 1990 I ~ ' ~ i -3- I \L.--/ EASE2 ".,y f~'l/ " . '-'/ .. 194994 t*"""-~" i1iNOEnT; ~I_""':"'''''''''' ,v f\..,rni.6-'. \, .._",",,:~.~'I- fiLM 104 PAGE 4.314 " '" state,of M~ntana t 55. COUll,y of C,allntln \ Fi led :r:_~J;:ll:::ga:rY-?...L,~_. 19 8 9 at__l.: 5..7__.....,____,_E...__M., and RecCiicied III l:cJ!<___ l.OA .._______01 _.-MISCELLANEOUS 4311 ,_I~_ .<Jr ,:,,-' t <? C.~r2f.'".li , (" '~"'r\J (','(. '. -.(, '''~.",.. .~,"j"r B'-~ ..' ,.. .. .i'- c. ,'~,.,~' " . y., ~_(U2.JL'L)7J!?-~-S lJepl;ty F~e $_,~.o! ,OQ.,m..._'_--.-....-" "..",._._,,--- Rt: City of Bozeman 1 I " - . "