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Home My WebLink About99- Golf cours Partners & Rex Easton Water Pipeline Easement and Agreement . . , > ilL'''' 2fri )"ff 2ril) ,., I +L _ ~> () WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT GOLF COURSE PARTNERS, INC. and REX EASTON, 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 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, 30 feet wide to be located on the following described real property: A tract of land locatcd in Section 31, Township 1 South, Range 6 East, City of Bozeman 3 mile Jurisdictional Limits, Gallatin County, Montana. The centerline being more particularly described in the attached Exhibits "A", and "B", which by this reference is 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 damagc and inconvenience to the GRANTOR(S) in order to survey and establish the route and location ofthe 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 Page 1 of 5 Pages rll'l./ 200::-lrt21r71 ' I."~: "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 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 THAT: (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water pipeline, 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) Tolay, construct and maintain said pipeline in such manner as will not hinder or prevent the Page 2 of 5 Pages fit w 200 rt'1~f 2578 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 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 soil or by placement of fill material within the boundaries of said easement without the prior written consent ofthe 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. DATED this I 3 day of 114'-/ ,1919. I ,N;;~ r;~ / ~)2J GkANTOR STATE OF MONTANA ) : ss. GALLA TIN COUNTY ) This instrument was acknowledged before me on this ~ day of fY1~ , 19q1 , by ;rex 13, Zu.o ~ ,as fft/);d.Lnt of f}rJlf'Covt5p" o.rf71,.AA Page 3 of 5 Pages . !liu,id /'--"iff~ flL. 200 iAC[25~~ NOTARY PUBLIC F THE STATE OF MONTANA Residin~, ,at 1~7 fJA11tU( M~(:..c06lliirlis&iqp. ,e, xpires ? ~,2tO~ ,\ t. l.Ff 1 fjl, ,.." '\\."..,..14 /J>... .::- ",-C:.>.. ..1\..... ....~. . ,r'" f jE~~\AR/Ai..,!-\ ::: -.- . * .. - '*- I"'" Al . ~, - . ,,-",\ ,~-, -- _ ....J . ,," "- -; <II '. S ~ ' " .. .;;::::: -.... /-""1 '. ' .. ..: '?" " ".. " .. .., " // )-/::'-..,.,.. ~ ,"'- /'1 "OF uO \' /1 \'" \\ "" "" ..l /111 \ ACCEPTED: .. ~ _ _ CITY OF BOZEMAN byits Ci ty Manaqer ATTEST: (2~ Z ~ Clerk of the City Commission STATE OF MONTANA) : ss. GALLATIN COUNTY ) On this I) 'I' day of , 19 J9 , before me, a Notary Public for the State of Montana, personally ap a d Clark V. Johnson and Robin L. Sullivan, known to me to be the City Manager and Clerk of t ity Commission for the City of Bozeman and the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. In witness whereof, I have hereunto set my hand and affixed my seal on the day and year first bove. JiA~Y p~ STAlE OF MONTANA ,_"- ~s~in.Q.~.~, . / ,,~:tt1lCdtamlSSlOl\CXplfeS ~.. /i.y. 99 . _ ~ .1 7" c-: ','. ,~.. ...., J>.,,'. ", zj . SEALt ~ , 1 , ~ .... .... ~ ( , t..,... ".' 'i' ~.. ~I ') ~' l4 ,1..)/ /1 ..!; Page 4 of 5 Pages . . Exhibit "A" rjl iii 200 :Art2rRO J _ 1'<' ..)- Water Pipeline Easement A tract ofland located in Section 31, Township 1 South, Range 6 East, P.M.M., City of Bozeman 3 mile lurisdictionallimits, Gallatin County, Montana, described as follows: The centerline of a 30.00 foot wide water pipeline easement more particularly described as follows: Commencing at the east 1/4 comer of Section 31, thence along the east line of said Section North 02032'23" West, a distance of349.69 feet; Thence South 8r27'37" West, a distance of 30.00 feet to the True Point of Beginning for said easement; Thence North 4r36'31" West, a distance of 57.97 feet; Thence North 21 042'48" West, a distance of75.61 feet; Thence North 12049'12" East, a distance of 158.72 feet; Thence North 02005'28" East, a distance of 74,86 feet to the south right-of-way of McIlhattan Road and the end of said easement; The sidelines of said easement being extended or shortened to begin on a line parallel to and 30.00 feet west of the east line of Section 31, to meet at angle points and to end on the south right-of-way line of McIlhattan Road; Said easement contains 11,015 square feet, more or less. E:\2089\008\ WTREASE, WPD Page 5 of 5 Pages . I . EX H I BIT " B " flL.. 200 rAS~2581 WATER PIPELINE EASEMENT A TRACT OF LAND LOCATED IN SECTION 31, TOWNSHIP 1 SOUTH, RANGE 6 EAST, P.M,M" CITY OF BOZEMAN 3 MILE JURISDICTIONAL LIMITS, GALLATIN COUNTY, MONTANA OWNER ENGINEER BASIS OF BEARING REX EASTON MORRISON MAIERLE, INC, EAST LINE OF SECTION 31 GOLF COURSE PARTNERS, INC. P,O.BOX 111.3 S02'32'23"E 9315 COUGAR DR, BOZEMAN, MT 59771 BOZEMAN, MT 59715 \ EAST LINE OF SECTION 31 \ TOWNSHIP 1 SOUTH, \ RANGE 6 EAST \ W \_ _ - ~ - - T - - - - - - - SCALE: 1" '"" 100' N \ R /W --- - J ~ --1 __- Vl _ __ --- ~ - JONATHON R. CARPENTER _ _ - __ - - I AMI CARPENTER _ - - ,?-Ot>.."D ______ - I - - -, 'L1t>..'t'Tt>..1'1_____ - RIW-1}1 =t M.c\~.P - ___ -- I -- ---- -- '" \ --------- ----- -- /I~ --- ----- ---- / }~"'~I \\. j::l - - /' '" J zi!, I < _ / I 0 - / / :;, I IZ ~'- __ ___ _ -^/ I,iffl \\) j - "1"'- W 1_ -- -'- __ - J - I ) "'" ---- ' -- ' J ",/ ).-.; II ~::>-.. J J / ~<S;~ fS ELIZABETH 0, STROOCK 30,00' ---J . I <Q / If-. 15,00' __/~I ,1- (' ~/~' : , / TRACT PB-1 (' COS NO-1353 I GOLF COURSE PARTNERS, INC \ ~ ( (Lbo' / REX EASTON --> ~.\ l ,"\ \ \<!,\,"", \\~ \ ~~~. ------- \ ~ \.~\ - - - - - - - \. 1--,,>":'-. . ,>-::<\" - ~ ~,.1, ,,-. CHARLES 0, & GISELLE 0, SWENSON . S87'2]'3TW TO THE CITY OF BOZEMAN 30,00' P.O.B. ~\ \------------------- \30' \ POINT OF \ ~. '" '" COMMENCEMENT ~ ~ EAST 1 \4 COR, SEC 31 1 1 /2" A L U M . CAP H: \2089,008\ORA....NCS\.t'.o.,OWG I ~ 121r:XF~; 9") '6'7"3-'THIS IN~';R ~~~'~'T WAS FILED FOR RECORD IN TIIJS OFFICF ON I P l \ n5;J v \ \ ' , . , OFFICE OF COUNTY RECORDER) THE 9TH DAY OF JULY ,A.D., 19 99 COUNTY OF GALLATIN ) AT 4:02 P 1\1., AND WAS DULY RECORDED IN BOOK 200 STATE OF MONTANA ) OF MISCELLANEOUS RECORDS, PAGE 2576 F $ 36 00 (CHG) cSr.~fleQ roan<'!l'; ~ 'ee .' " RECORDER. BY ~ 1/7 DEPUTY RT: CITY OF BOZEMAN i/