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Home My WebLink About99- Gallatin Center Limited Partnership Easement and Agreement '- ---. '" '" r I W 198;. i'C40" it:: I It "I ;;.. ( .) SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Gallatin Center Limited Partnership, of Bozeman, Montana, the GRANTOR(S), in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) 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 a 12" water pipeline 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: Lot 3 Minor Subdivision No. 210, situated in the SE 1,4 and NE 1,4 of Section 35, TiS, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly described on the attached Exhibit "A" which by this reference is made a part hereof. This grant includes tne 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 and extend the cuts and fills 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: the proper cultivation of the tract to which this right of way is hereby granted. (1) Th' .. h h . . nlll~ 198 r.i~Cf4Q1h. . at, III connectIOn WIt t e constructlOn, operatmg patro mg, repaIimg, " ut-)~tltutlllg, removing, enlarging, replacing, and maintaining of said water 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. (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 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 GRANTOR(S) AGREES: (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 sailor bv placement of fill material within the boundaries of said easement without the prior written consent of the GRANTEE. (3) The GRANTOR(S) 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 GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). 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. 2 DA TED this day of ,199_" ", DATED this :;:{/f clayo! ~/ , 199~ FIL~ GRANTOR STATE OF MONTANA ) ) SS County of Gallatin ) On this ~ day of m~ . , 1 cfl3 before me the undersigned, a Notary Public for the State ,of ~ontan~ appeared ~::/lij(7l..vz&- known to me to be th~~ _of ~M . and the person whose ?a~e. is subscribed to the within instrument ~ed~d ~at he executed the wlthlll lllstrument for and on behalf of ~ t'J - . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) \ \ \ \ I III/ / I ,.>"" ~. N t;'11111 ,'Qt>-.,...... (.s> // ~~ .,' ". 0-:;' ~ -.... ' . ~ ,....l...~OT ARII1t..,.."1- % ::: * : -..- : * ::: ~(fl....:".. SEAL ....:;I g ~"'1';" ,.' ~'.:::"" // / e: . . . . . ' . '~"\ " '//1 OF MOX; "" 1111/ II I \ \ \ \ \ \ ~ /Y). 7?J~ otary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires /(/CJ.3, JOI t I STATE OF MONTANA ) ) SS County of Gallatin ) On this day of , 19 , before me the undersigned, a ~ - Notary Public for the State of Montana, personally appeared ~ known to me to be the of and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written, (SEAL) Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires 3 " ACCEPTED: ~ _ ==: \ ~_ FIU~ 19~ P~~F4018 CITY OF BOZEMAN by~s City Manager A(;!kcZ ~ Clerk of the City Commission STATE OF MONTANA ) )SS County of Gallatin ) On this /9 Y; day of ~. , 199'1., before me the undersigned, a Notary Public for the State of Montana, p rsonally appeared CLARK V. JOHNSON and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the City 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. (SEAL)' , /' ~ 'J ,? :~a U---vc--<<-- fi.L<!-e~<!,--- __/~,M~T~RY PUBUC FOR THE SITATE OF MONTANA . Resldmg at v::J4J----4-:r--f:<-~~ My Commissior?6:pires 6:' ~/..)~- 9 j \ ~, ,~I\I 4 ,,' EX H I BIT "A,~981A~[4019 A 30' WIDE WATER LINE EASEMENT(fTQ'I~THE CITY OF BOZEMAN, SITUATED IN A PORTION OF LOT 3 OF M1NdR~,StJBQI:VlSION No. 21 0 LOCATED IN THE 5E1/4 AND NE1/4 OF 5ECTlON35, 1.1$:, R.5E, P.M.M., GALLATIN COUNTY, MONTANA AND BEING FURTHER DESCRIBED AS FOLLOWS: B"yinnilHJ (JI (J poinl whidl bcm,., I'~ oen 7'Ob" [ CI di,;tclnce of 44,8j feet nile! N e,Y4?'O?" [' u distonce of 4.00 feel flnrn Lhe '.';'1/4 corner of said '~.ection j~l: Ihence from "'(Jid T,ue pOill! of [i'C:qlnn ing N UU"i /-U() L 0 dlston ce of 26""10.02 feeL; Ther-,I..:.e 1\] hH".::t-'i ':)'"i 1_' 0 distance of :573. sr fcc'! I'D U CI.HVH I() lhp left (Cl) 'v'v'it.h 0 l-acJiu'2:, of .~)e5.00 fc:ct (j cJit";tancc: of 7l."1~:~ fpet; H"I~I-I(.e N /(~,""'l,j',j"l" \.. \} di:~\(.H\\.:\'.' (.II PJ)J\(J ['eel I. f) iJ '~'UfV~= lu lh~_~ riuh\. 'N;~!\ (.1 f(.:dil':::i ,<'t.!;~'(YJ f(lf:'~ (I distclnce of 1:',2,98 feet; 111 ('.n cr;. N ,XJ'OO'OO" F (] dibtonce of 9,19 feet; I hence N OOll()'CJCJ" W (] distol'lce of 10)),c)7 f0d to 0 point on th" ,':outh Pight""of-woy Ilrle of Mnx ^W'I'II,I"; Ihmc:e olong ::;(110 line .~) i:j\d III Ut)" L Cl ciistcrnce ot jU.()U f<~~(~i'; if"Il.'.:I"ICC' ()\J\jU'IJ(.J" W (] cii::;tclnce of "j . rt:.(.'l.) Tflt=r1ce ::) 90\HYOO" W u di~lurlce or 39_'1~.j fe(~l to (] CIHVC lo !.fH::: 1~~~1l (C,3) WiUl U rudius of :::2,:::~.OO f::~'C'( ::J d:~:.J,(]nco u( 7(-.:._~J~1 f\-:>H1': "!hF.'riCP ~~.: (r,^;,I.'::' )1" V/ \,::" d\:;:;t::1;:;:'::' uf C:.:.O.OC) (~>:'\ .I,,() (1 c'ur'.,i'f"~ lo the ri(lhl (CA) wllh (] r"diu,'; elf 4'15,I)U teet (I distonce of 79,'17 ieet: Thencc ~;; Wr41' ,'.,1" W (I distonce of ::'14.22 feet;lhence S 00'17'06" W (J di:;! (Jnce of 2610.02 feet to (I poinf Or! thee north 1(lqht of W(ly line of Li(lxler Le]l''''; Ihencc (JIm,,] ":Olel line ::, 8'j"42'cJ;(' W C1 elre;lonef. (if ,\CUl[) leet to the I'Oillt of Beglnn lng, SClld coc:erneni beinq "J.(l / 4 (]U "''' or 1 3:3,883 ':,q. Ft. ""... MMI!It ./tI.Y lMW$" IA'" (if iMat -. /Ji& I'" IIIIW.._ r -.l'f'-l ..==-~ -:-"':~ I _m ~ g ~tIWM"co d "I 10 N """". a.UIM... IBlAD"'Y .."" , /:.4~...... &)(t '(" , o ~ LDr~ L.i.J g iii------- . 5 <0 ~ LOr.., 0 g....h :J . :~~2 <: ~.~ ~ '-"T'__ 1<---- ~m 'o~ ~~~I "-""r N89.~7'07'F -, 4.00. N00"17"06""E -...... 4-<l.8J' SI/4 eOR SEe 35 MINOR SUB0l\i1sl0N No, 210 LOt 1 Of \/.;." \ ~((' , )- "" Of) , +J: '" <-'1' ".o-? S T ~ lOT 8 lOT 4 589'47'06"E 30.00' WI } '-.__.__._.r-.. 30' WIDE WA lFR'" . _ _n_~I!:!.~~~EMENT "" i -- I I I I I I j EAST-WEST MI~ SECTION UNE S90'OO'00"W 39.19' S78'43'31"W 60.00' SCALE: 1~=500' LOT .3 ~INOR SUB No. ~ io 210 , OJ '01--. N 00> Ii) 'ON 0 PN 82 3: N90'OO'OO"E 9.19' N78'43'31"E N89'41'S1 "E60.00' 573.91' C1 C4 S89'41'51"W 544.22' CURVE TABLE CURVE RADIUS LENGll-I DELTA Cl 385,00' 73.73' 10'25'20. C2 415,00' 82.98' 11 '27'25. C.3 .385,00' 76.99' 11.21'2~. C4 415.00' 79.47' 10'25'20. C.O.$, No, JJI 3: . CD o j...,. lOT 3 OF MINOR SV801l/lSON No. .10 OWNFRS GALLATIN CENTER LIMITED PARTNERSHIP EUGENE GRAF III & YVONNE G. JARRETT GENERAL PARTNERS 30' WIDE WATER LINE EASEMENT EASEMENT AREA GROSS AREA: 3,074 ACRES or 133,883 Sq. Ft. mAtH c.,""a coo,s. No. ul1i S89'4Z'OZ"W 30.00' POINT OF lftACT 1 lRACT 2: OCet,..tIltkC C.O"s. til:'J., 11$ JANUARY 5, 1999 9150S-28,dwg g~ L ~- '0 ~"l. i! ~~ io ,I- .0 ~~ f OVER ~ RECEI,VEL) /(lCIC ::< ::.-:; !l\J~~,' -~ fiLM 198 PAH4020 39~~035 I~ State of M'Cnt, Cmmty of r:;~n3t11;.~..."., f.liL(/:J!' :'al;CJ~1 .,_J1AX...1..tl_,_______""_________, 19-22- at 2: 50 , _~M., and (ccon:led 1n Book 198 of MISCELLANEOUS _~_page 4015_ -~ <'11_ Recurder. By .Jfj-if~' ~~ Deputy FEE: $36.00 RT: CITY OF BOZEMAN ~ .. '-.