The URL can be used to link to this page

Home My WebLink About97- Golf Course Partners Water Pipeline and Access Easement and Agreement (3) . . f Il,. 1 "7'lPt,~'l 9')r , 4 : 1'1~1.. '4.J WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Golf Course Partners. Inc. 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 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 properlY: A tract of land located in Section 31, Township 1 South, Range 6 East, City of Bozeman, Gallatin County, Montana. The centerline being more particularly described on the attached Exhibits "A" and "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. Page 1 of 5 Pages . THE GRANTEE AGREES THA T: f 1l1-1 172 PACl 926 (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) 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 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 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 ,;v111 forever defend the title to this property against the clai.ms 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 Page 2 of 5 Pages . 1& . . filM 172 PAn 927 be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. DA TED this 7 day of 5(1" v'" r '}I' , 1997. / k-1~ /l=of-. STATEOFMONTANA ) 4~ ~ p1~.. : ss. / GALLA TIN COUNTY ) On this 1- day of 19 7, efore ~e, a Notary Public in and for the State of Montana, person a peare , known to me to be the person whose name is su scribed to within is instrument and acknowledged to me that he did execute the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and ~rst abo e wri:t . ~ rc FOR T Residin My Com ISSlOn expires . ~E:U,"""', 3...~~l'(fSif~g-#\ '. ~~\; .*"Wi :,X'l,~" If A. " '\;,0, ,,~",'~','j,', ',.1',0, ' "',::r."It;')'~, ',',Ie, ,',,',,', ..~,,:io.l :.. ~,;!,' t~.,\ ~.LI"~. '.Y- -= ': " ,}:, ",.' <(.': "" ~..",-. .. 0'1" " ". il~"'" . ~';\~.f.' I ,;,~ .....,.. ,'\:A:. '/:, ", I, ; t:r/"\""IJ ~ 1.. \,!,' i ,oA\( · .!:! .I' l'1fr ; .,...I'rr~'t::,~f~'l'" ,,' '7 )o....'O~~~O~;/ ACCEPTED; /;/ ~ -/ A ."'..,, ' ,~ . -, , 'A/C'l' CITY OF BOZEMAN ---'V/~ by~s Actin~ City M2naqer A~E 0/ ~ Clerk of the City Commission STATE OF MONTANA) : ss. Gallatin County ) ) /t?, l--/, On this /J ' day of t::i~1.-[~ 1997, before me, a Notary Public for the State of Montana, personally appe{red ~a ,~~1 and Robin L. Sullivan, known to me to be thcelttrt~ Manager and Clerk of the City Commission known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. l~ltness whereof, I have hereunto set my hand and affixed my seal on the day and year first writ n above. ,;:' . \...---1 ' . ,'/ ...,....,.. - it ,l. t t' i.-.....,' :...{., -' 'i <:....!'-" ",.,.#t.~"::", '~*'\rUB ..re FOR TI-IEST A TE OF MONTANA .' '. 'JJ' ' , ~/ ~ /j'" 'I: I " /-' f.-/-1I'4"7\-./ [,::1" ,,', , ' y. eo "',,' . ~on' xpires b:;' 1<..5-, 5'/ ;-i"I ,J;:~ ,.. ';\ . i ;;"~,,..: ..' . :-:,)' _ :: .- ~ .,. . "':,0 ',,, ..., ,At"_;ii~ ,I-~ } , " ", , ,r.<o/ ,',,',' rt"ll:" ;: '. .." 'c,_ ",,,-.,,,,..,,,, ,,' 'lit" "',...:'..,,.,'. .,-,'r',. .. ",;,~, J,";"", ".~,.j''!3 " -II';"""';"" ~:a.~"!~"., ~ ,. ..,it ~ ~ ~ .' H:\2089\008\ W A TEREAS, wpd Page 3 of 5 Pages . , . . . . EXHIBIT "A" fILM 172 PAc[ 928 A tract of land located in Section 31, Township I South, Range 6 East, City of Bozeman, Gallatin County, Montana described as follows: The centerline of a 30.00 foot wide easement more particularly described as follows: Commencing at the southeast corner of Lot I, Bridger Creek Subdivision, Phase I; Thence along the north right-of-way of Boylan Road said right-of-way line being a curve to the right having a radius of 280,00 feet, through a central angle of 1 ]054'29", an arc length of 84.52 feet to the Point of Beginning; Thence along said centerline of 30.00 foot wide easement, North 14005'47" West, a distance of 486.33 feet; The sidelines of said easement being lengthened or shortened as required so as to begin on the north right-of-way line of Boylan Road, and end on the south right-of-way line of Mdlhattan Road; Containing 14,589 square feet, more or less. H:\2089\OO8\EXHIBITB August 27, 1996 -='~~4 ------ - - -;;,~:y~ " /'" 1 72PACE 92~ -- -- -- ~,."..~ ~ /"" Y /'" 0 -- __ _ ' ~,((@ffg~~ __ __ c-- /'" .~~ -- -- 'f, ~ /'" cP.,...A .....::: /'" ....0 0 0 EX 6" W .~~ C.2,~ W (\) 1.9:.....-\ ISl 0 (l ? .-.. - (\) ='> ISlBRIDGER CREEK SUBD\V. - POINT OF BEGINNING \ \ ~ PHASE 1 \ \ POINT OF COMMENCEMENT" ~ \ \ ~ \ \ "'" CI Y \ \ --r\ l.JI (i o. ~ \ \ c. -\ CI ?: ~ ~ \~ Cf (II --r\ ~ \ \ ~ (I ~ ~ -\ ?J ~~ ~ 0'. \ \ ~ SCALE: \ ~"6 \ 1"=60' ~ 0'. \ ~ ~~ \ .z. \ EXHIBIT "B" \ \ - - , -- BRIDGER CREEK = \~- ~ ~ J - - - ---- ---....... ------- ---- - - - '42026' Jms INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON THE 10th DA Y OF April , A.D., 19 97 OFFICE OF COUNTY RECORDER) 172 COUNTY OF GALLATIN ) AT 10: 01 a 1\1., AND WAS DULY RECORDED IN BOOK STATE o To' MONTANA ) OF MISCELLANEOUS RECOHDS, PAGE 925 Fee$30.00 SbIR., II. ra., RECORDER. BY Qt?ck- 1-/ /JA:c.! ~,~ ,~_ _ DEPUTY RT: CITY OF BOZ,.I:!;MAN /. , - ~-- -- '.