HomeMy WebLinkAbout98- Fraley Water Pipeline and Access Easement and Agreement
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WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Fred Dean [<raley and Cheryl p, Fraley, of 7207 Lorelei Drive, Bozeman, MT, the
GRANTORS, in consideration of One Dollar ($1.00) and other good and valuable
consideration, receipt of which is acknowledged, grant to the City of Bozeman, a municipal
corporation of the State of Montana, 411 East Main, Bozeman, MT 59771-0640, GRANTEE,
its successors and assigns, a perpetual easement to lay, construct and maintain water pipelines
with the usual valves, connections, accessories and appurtenances for the purpose of
transmitting water in, through, and across a strip of land situated in Gallatin County,
Montana, to he located on the following descrihed real property:
Lot 4, Block 2, Mystic Heights Subdivision, Gallatin County, Montana.
The easement is more particularly described as follows:
Beginning at the northwest corner of Lot 4, Block 2, Mystic Heights Subdivision;
thence N 88028'40" E a distance of 200.07 feet along the north line to the northeast
corner of said Lot 4; thence S 1056'00" E along the east line of said Lot 4 a distance of
22.50 feet; thence S 87032'49" W a distance of 200.07 feet to a point on the west line
of said Lot 4; thence N 1056'00" W along said west line of Lot 4 a distance of 25.75
feet to the point of beginning, as shown in Exhibit A attached hereto and incorporated
herein by reference.
This grant 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 GRANTORS 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, valves, connections, accessories and appurtenances;
(2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the
l"~l-n,..l",..;",s ro.t rl.,<> C"l~e~""t ,-Pl~l'"l, m"}' ;n tlle- Op;ll;ro.l~ of rile- GR^NThE' l'llteri'ere or
uv .lL '-.1(",-.1 .L'\...' V.L L..L.L\... ~,(...) d..!.!"-,.!.! \"'I'.LJ. '-.,.-.lL '"",.11 .L .1\....1 J. L..L, i 1..1. .J.......J,
threaten to interfere with or be hazardous to the construction, operation and
maintenance of the pipeline;
(3) Grade the land subject 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 casement to the extent
GRANT'EE may find reasonably necessary; and
fIL~ 193 PACr 317
(4) Support the pipeline across ravtnes and water courses with structures which
eRA NTEE deems necessary.
TIlE GRANT'EE AGREES:
(1) That, in connection with the construction, operating patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said water pipeline(s), it will repair
or replace, at its sole expense, or P'lY to CRANTORS the reasonable value of any
damages to growing crops, trees and landscaping, existing fences, ditches and other
appurtenances of said land that may be disturbed by its operation.
(2) That, during operations involving excavation, it will remove the topsoil from the
trenched area to a depth of one foot, or to the full depth of the topsoil, 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 material or any debris that may have been
exposed by the excavation and remains after backfilling is completed. And, it will leave
Lllt Finished surface in substantially the same condition as existed priorto the beginning
or operations except that the surface of backfiJ1ed areas may be mounded sufficiently
to prevent the formation of depressions after rinal 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.
(4) That this easement supercedes the previous water main easement on Lot 4 signed by
the GRANTEE, and with the execution of this easement the previous easement is
hereby abandoned.
THE GRANTORS AGREE THAT:
(1) At no time will they build, constmct, erect or mamtam any permanent stmcture
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 soil or by placement of fill materi,ll within the boundaries of said easement
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without the prior written consent or the GRANTEE,
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(3) The CRANTORS 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.
(4) The GR A NTFE may peaceably hold and enjoy the rights and privileges herein granted
without any interruption by the GRANTORS,
The terms, covenants and provisions of this eascmcnt and agrccment shall extend to and
be binding upon the heirs, executors, administrators, personal representatives, successors and
assigns of the parties hereto.
D A TED this '3 day of
~cJ;J~~_.,__,_, 1998.
STATF OF MONTANA )
) ss
County of Gallatin )
..-----
On this 3 day of L \ U V\..f2.. , 1998, before me the undersigned, a Notary
Public for the State of Montana, personally appeared [red Dean Fraley and Chervl P. Fralev,
known to me to be the persons whose names are subscribed to within this instrument and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
the ~d year first ab ve written.
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OT AR Y PUBLIC FOR THE STATE OF MONTANA
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~0.i~1)f.,1?l'>~l~n expJ res $ ~ 30 -77
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ACCEPTED:
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CITY OF- OZEMAN
by its City Manager
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Clerk of the City Commission
STATE OF MONTANA )
) ss.
Gallatin County )
0" I . . YJ I f' b f N P II' f
n t 11S i~ (ay 0 , 1998, e ore me, a otary U) Ie or
the State of Montana, personally/m'pear CLARK JOHNSON, known to me to be the City
Manager for the City of Bozem~ and Robin L Sullivan, known to me to be the Clerk of the
Cit y Commission for the City of Bozeman and the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the same for and on behalf of
the City of Bozeman.
r~ WITNESS WHEREOF, I have hereunto set my lund and ,1Hixed my Notarial Seal
the day/,a~ld year! fir~y above written. ': '" .
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PLATTED
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State of Montana } 55
County of Gallatin
Flied DECEMBER 24 .19 98
at 9:34 AM..and
NOT TO SCAl$t'ecord,~d ir: !j,-lvk___..J.2)_.._____ of
MISCELLANEOUS Piwe 316
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,. u"tY;r;ik r:.: Recor(lel
By
Gallatin County, Montana
CITY OF
BOZEMAN
Fee $ 30.00
RT: CITY OF BOZEMAN
CITY ENGINEERING OFFICE
DE:CEMBER 1997
WA TERLlNE EASEMENT
EXHIBIT A
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THE CITY OF BOZEMAN
20 E. OLIVE' P.O. BOX 640
BOZEMAN,MONTANA 59771~640
ENGINEERING DEPARTMENT
PHONE: (406) 582.2380 . FAX: (406) 582.2363
June 10, 1998
To:
Clark Johnson, City Manager
Through:
Paul Luwe, City Attorney
From:
Andy Kerr, Engineering AssL
Re:
Fraley Easement
Attached is a copy of an executed easement for a portion of the Hyalite Transmission Main, The
property owner, Mr. Dean Fraley, offered to sign this casement when it was discovered that the
actual location of the water main was slightly outside of the easement which was originally
obtained.
Mr. Fraley requested some modifications to our standard easement language. and those
modifications have been reviewed and approved by the City Attorney's Office.
I recommend that this easement be accepted, signed, and recorded. Please contact me if you have
any questions.
cc: Robin Sullivan, Clerk of Commission (with original document)
Phill Forbes, DPS
Tom Greco, Drafting Tech.
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