HomeMy WebLinkAbout97- Gallatin County Water Pipeline Easement and Agreement
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fll~ 193PACl 379
WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
The County of GaIlatin, a political subdivision of the State of 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 (water) pipelines with the usual services, valves, connections,
accessories and appurtenances for the purpose of transmitting water in, through, and across a strip
ofland situated in Gallatin County, Montana, to be located on the following described real property:
Certificate of Survey No. C-41-C, located in the SW 1/4 Sec. 6, T. 2 S., R. 6 E., P.M.M"
City of Bozeman, Gallatin County, Montana
The easement is more particularly described on the attached Exhibit(s) A & B, which by this
reference are made a part hereof
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 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.
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THE GRANTEE AGREES:
Fll~ 193 tAn 380
(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 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 fonuation 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) AGREES THAT:
(1) At no time will they build, construct, erect or maintain any penuanent 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 soil or by placement offill 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 intenuption by the GRANTOR(S).
The tenus, 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.
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GRANTOR
lJU.f'1>1 b.er- dJ1y itJL 19JrN,f 381
Phil Olson
Chairman - Gallatin County Commission
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DATED this .al- day of
STATE OF MONTANA )
) ss.
County of Gallatin )
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On this c9 day of ])e~~ , 1997, before me the undersigned, a Notary Public
for the State of Montana, personally appeared r:p ~ ~ ~ , known to me to
be the Chainnan of the Gallatin County Commission and the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same for and on behalf of Gallatin
County.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and. ye.?f fiT'1t above written.
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N0~UC~ORTHESTATEOFMONTANA
R~si~g:1j,t'..~~ 2:l2arrlt-~
" My,,~~mmissi~~ ex:fues~I)';;'P/nj~ CUJ; Itff'?"
SEAt:'~-;'-::": .-,;",
ACCEPTED:
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Ci-TY;~ BOZEMAN
by its (~.I t'( M~'\.u'l..b\"F.\::
Alif~ / ~
Clerk of the City Commission
STATE OF MONT ANA )
) ss.
Gallatin County )
'IiI A
On this ,..(.)" day of ~ . /' f: ~ ,1997' before me, a Notary Public for the
State of Montana, personally appeared CLARK JOHNSON, known to me to be the City Manager
for the City of Bozeman and Robin L. Sullivan, known to me to be the 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 ofBozemlln
.,
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IN TNESS WHEREOF, I have hereunto set my hand and affixed my Nmarial]eal the day
and ye~r st abor;J... w'tten.
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OTARYPUBLCFORTHESTATEOFMONTANA
Residing at " O'::'~-;?/4" "--
My Commission' pires I- -/,:;-- 99
SEAL
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fiLM 193 PME 382
EXHJBIT A
DESCRIPTION OF WATER LINE EASEMENT
A water line easement located within a tract ofland, said tract ofland being Certificate of Survey
(C.O.S.) No. C-41-C as recorded in the Gallatin County Clerk and Recorder's Office, said tract
being located in the Southwest Quarter of Section 6, Township 2 South, Range 6 East, P.M.M.,
City of Bozeman, Gallatin County, Montana and being more particularly described as follows:
Commencing at the northwest comer of said C.O.S. No. C-41-C; thence North 89026'51 "East,
along the north line of said C.O.S. No. C-41-C, a distance of292.67 feet; thence South 00000'08"
East, 1077.78 feet; thence North 89059'52" East, a distance of600.00 feet to the northeast corner
of the most easterly leg of an existing water line easement and right of way as recorded on Film
101, Page 4296 in the Gallatin County Clerk and Recorder's Office, said point also being the
point of beginning of this description;
thence North 89059'52" East, a distance of541.70 feet;
thence North 00000'08" West, a distance of25.00 feet;
thence North 89059'52" East, a distance of 25.00 feet;
thence South 00000'08" East, a distance of 55.00 feet;
thence South 89059'52" West, a distance of 159.45 feet;
thence South 00058'00" East, a distance of369.26 feet to the south line of said C.O.S. No. C-41.
C; thence South 8901 0'00" West, along the south line of said C. O. S. No. C-41-C, a distance of
30.00 feet; thence North 00058'00" West, a distance of369.69 feet; thence South 89059'52"
West, a distance of 3 77.25 feet to the southeast comer of the most easterly leg of said water line
and right of way easement recorded on Film 101, Page 4296; thence North 00000'08" West, along
the east line of said easement and right of way, a distance of30.00 feet to the point of beginning.
Said easement is as shown on EXHJBIT B and contains 0.659 acres.
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EXHIBIT B
WATER LINE EASEMENT
LOCATED WITHIN CERTIFICATE OF SURVEY NO. C-41 -C. IN THE SOUTHWEST QUARTER OF SECTION 6,
TOWNSHIP 2 SOUTH, RANGE 6 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
filM 193PACf 38:3
WEST 1/4 CORNER
SECTION 6; FOUND PIPE
S4S'17'45"E 42.24'
EASEMENT AREA: 0.659 ACRES
NORTH LINE OF C.O.S. NO. C-41-C
PROPER1Y LINE, 1YP.
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POINT OF BEGINNING
LINE TABLE
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B NS9'S9'S2"E
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SOUTH LINE OF C.O.S. NO. C-41-C
10/14/97
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B9721 E2.DWG, 2
THOMAS, DEAN & HOSKINS INC.
ENGINEERING CONSULTANTS
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TIJIS INSTRUMENT WAS FILED FOR RECORD IN TIJIS OFFICE ON
T rr E 24TH DAY 0 FDA D 1 (I 90
ECEMRER , '." v 0
AT 9:43 AM" AND WAS DULY RECORDEr) IN BOO/( 193
OF MISCELLANEOUS RECORDS, PAGE 379
HECORDER. BY ?s~ C(~ll.la~ DEPUTY
OFFICE OF COUNTY HECORDER )
COUNTY OF CALLATIN )
STATE OF 1\10N'I'ANA )
Fee $ 30. 00 ..she.Ll~!J c?lanal!
RT: CITY OF BOZEMAN