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Home My WebLink About97- Harrington Company Water Pipeline Easement and Agreement ....:- - WATER PlPELINE AND ACCESS EASEMENT AND AGREEMENT HaJ:!ington Comilany, a Montana corporation, doing business as Harrington Bottling Co., 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, Mf 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: Lot 2. Minor Subdivision No 71, in SE 1/4 Section 9 and NE 1/4 Section 16. 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 Of 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. "\ "I"'l ""'l"1 r!~W 193!~t\!J 395 /--- m~ 193i:',\Ct :396 THE GRANTEE AGREES: (1) That, in connection with the construction, ope~ating ,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 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) AGREE 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 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. fll~ 19a(fi~t :397 '/x /::.- DATED this /tJ day of /J t7 t/. , 199.1 / - Ha.I]i1'1gton c,?}1lpan~, _//t"J;// /- / c_~~~:,- ~1-L..._~,~,// //t:ih'd'~ ~5' -.' ,...,....- By: Don Harrington, President GRANTOR STATE OF MONTANA ) )ss. County of Gallatin ) On this / 0 day of -.JJ (J1J. , 1991 before me the undersigned Notary Public for the State of Montana, personally appeared Don Harrington, known to me to be the President of Harrington Company 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 Harrington Company. "II'''IlIIWWITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the ,...." ~ ~v ldrW~r first above written. ~ ~~ ..~.;~:" l~{~t~ti~t'~ ::::~C' .~~... .... ,....: '; .'~. ., ~.~.. ..c=-"/ _....~ V. - ;. ~,~ I .,'1 :~: . ~ ~. ~.. ~ i --;. A\ \,. . .. ~ ~ ,I "'.. .... .. "" ~ '/"1"" I ......... T>~~,ftj "',"" tE af" \\\' 11"fIHH,il'I'\ ~~~~ U~ Notary Publicrfor t1): State of Montana, Residing at ,{);;A!J. My Commission Expires })... / b- 9 Y :. I. !' ~ I { ACCEPTED: rll~ 19JPACf 398 "~-';~,.~ . ...~-- CITY OF BOZEMAN by its [/ i .l '/ I\Ap \q\b1 r:,~: ~:oY~ Clerk of the City Commission STATE OF MONTANA) : ss. Gallatin County ) On this /y_yh day of Ift-f"LIJ{ j2-l , 199.l., before me, a Notary Public for the State of Montana, personally appeared Clark V. Johnson and Robin L. Sullivan, known to me to be the City 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. In wi ;n~ss Whereof.., I have hereunto set my hand and affixed my seal :' the da~year first .mt,ten above. -; - ,l_"-- C ,(_, ,,'L-- ,9J~Y PUB~'C_FOR THE STATE OF MONTANA /, Kesiftina.,* "':'~~-7~" '. ~ Co>>}ttltsK.....n..%xpires If: -- ./_r--7' 7 ~ ~~~.t,l ;'" ~. ~ , .~ I . , 0, 'I "'1" J' ~ ~ o r S~ *' ',.. . #- ~ ""'i' ""'#. --, ,:z ~ .'-r.. ~ ':\il-"~" ~ ~...~ - " .' ~ roo /',),. l , . . < ~,." 14 -.",.. ... J. If."< H [ i..."c rv C.' .. 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R EC EIVE~ N'JV f 2 1997 EXHIBIT A flU~ 193 rArE ~399 DESCRIPTION OF WATER LINE EASEMENT A 30.00 foot wide water line easement located on Lot 2 of Minor Subdivision No. 71 as recorded in the Gallatin County Clerk and Recorder's Office, said Lot 2 being located in the Southeast Quarter of Section 9, and the Northeast Quarter of Section 16, Township 2 South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, the centerline of said water line easement being more particularly described as follows: Commencing at the northwest corner of said Lot 2; thence South 73057'26" East along the north line of said Lot 2 a distance of 15.62 feet to the point of beginning, said point being 15.00 feet east of the west line of said Lot 2; thence South 00007'08" East, parallel to and 15.00 feet distant from the said west line of Lot 2, a distance of 179.89 feet to a point hereinafter to be referred to as Point ~ thence South 00007'08" East, a distance of301.00 feet: thence North 89052'52" East, a distance of 174.21feet to a point hereinafter to be referred to as Point B: thence North 89052'52" East, a distance of 155.79 feet; thence North 00007'08" West, a distance of 385.25 feet to the north line of said Lot 2, said centerline there terminating. The side lines of said easement are to be prolonged or shortened to terminate on the north line of said Lot 2 of Minor Subdivision No.7!. Also a 20.00 foot wide water line easement within said Lot 2 which is contiguous with the above described easement, the centerline said 20.00 foot wide easement is described as follows: Commencing at said Point ~ thence North 89052'52" East, 15.00 feet to a point on the easterly sideline of the first described easement, said point also being the point of beginning; thence continuing North 89052'52" East, a distance of26.20 feet, said centerline there terminating. Also a second 20.00 foot wide water line easement within said Lot 2 which is contiguous with the first described easement, the centerline of said 20.00 foot wide easement is described as follows: Commencing at said Point B; thence North 00007'08" West, 15.00 feet to a point on the northerly sideline of the first described easement, said point also being the point of beginning; thence continuing North 00007'08" West, a distance of 43.89 feet, said centerline there terminating. The herein described easement( s) is as shown on Exhibit B and contains 37,286 square feet, more or less. ~ . r EXHIBIT 8 WATER LINE EASEMENT f-')f:: (" C" 1[.. "'.. ..... ~[l ()\ I 2 - 1,;"197 . \ t. v L_r 'J ...' ....... ~ __:J Fll~ 193?An ~ LOT 2 OF MINOR SUBDIVISION NUMBER 71 'LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9 AND THE NORTHEAST QUARTER OF SECTION 16. T2S. R6E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY. MONTANA ---WI 380839 ~.....I>r:X.ED . /. ., . / .. . JO V , .~" , ., SW CORNER LOT 2 EASEMENT AREA 37.286 SQUARE FEET State of Montana ) ss County of Gallatin flied DECEMBER 24 at. 9 : 47 Recorded In book 193 MISCELLANEOUS Page 395 dJ;~U~y Q!an~ By gVi '~~~M) eputy Fee$36.00 RT: CITY OF BOZEMAN ,19 98 A M.. and of ~ 111____ IV _____ EX/S'ING / PROPOSED WATER U:E-------.::..~Ar'R LIN, NW c1AER LOT 2 N 73"57'26" I> '~HWAY Ie ~ ~ 30.00' WIDE WATER OF Lo, -r----l~ I LJNE EASEMENT. TYP. +-1 2 I I I N7J'S-" ' i / 2snw 0,1 III N89'S2'S2"E 26.20' I I 6' . I i I co 25 I ' [ ""1 ~ [~I I ~ ~i I ~POINT OF BEGINNING :~i I r--;...., I I I ;:g 00' I I I"., I POINT . A" ~ W ~I' I I=~l I 'co I I i---. I I 9 I 11;1 I 6b 101 0, o 1~1 IZj I Vl 10 I I 1 'l~[ EASEMENT CENTERUNE I I I 15.00' FROM LOT LJNE i I POINT OF-l[ j l---- 30.00' , 1 , BEGINNING I I I I NO'OT08"W 43.89' 20.00 I I I I ~l POINT -Er I i I \! L______--1_._ ___..L~ ,I I ~---lli-,~--_--' ____1_55.7~~__9 I _ _ _ _ _ _ ~89'S2'S2"E_330.00'_ _ _ _.J L 30.00' NE CORNER LOT 2 o I 100' I I I SeA L E 200' I BEARING BASIS: WEST LINE OF LOT 2 ~ S'11ABOl DESCRIPTION . FOUND YPC o FOUND ACAP ACAP ALUMINUM CAP YPC YELLOW PLASTIC CAP FB 834/31 1ImR ;1/1 /9,_ 1 OF 1 89750E-2.DWG THOMAS, DEAN & HOSKINS INC. ENGINEERING CONSULTANTS ~.la.:~-eoznA.4.H~ W.AS~~ 1...Z'W1'STON JO,.oI\.H~