The URL can be used to link to this page

Home My WebLink About88- Hillstrom Amended Water Pipeline Easement, 1988 't .. i " . , ' - ffl~ 103 fAtE 13J.j AMENDED WATER PIPELINE EASEMENT AND RIGHT-OF-WAY AGREEMENT Robert A. Hillstrom and Patricia A. Hillstrom, husband and wife, GRANTORS, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants 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 municipal water pipeline with the usual valves, connections, accessories and appurtenances for the purpose of transmitting water in, through, and across a strip of land thirty (30) feet wide crossing Lots 1 and 2 of Block 4, Hodgeman Canyon Subdivision located in Section 11, Township 3 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, and being more particularly described as follows: Beginning at the Southwest corner of said Lot 1; thence North 89019'47" East along southerly boundary of said Lot 1, a distance of 152.98 feet to the true point of beginning; thence North 20035'29" East, a distance of 62.08 feet; thence North 65052'31" East, a distance of 206.00 feet; thence North 88022'31" East, a distance of 94.17 feet; thence North 43022'31" East, a distance of 94.17 feet; thence North 65052'31" East, a distance of 58.52 feet; to a point on the easterly boundary of said Lot 2; thence South 02001'00" West along said easterly boundary, a distance of 33.42 feet; thence South 65052'31" West, a distance of 37.82 feet; thence South 43022'31" West, a distance of 100.62 feet; thence South 88022'31" West, a distance of 100.62 feet; thence South 65052'31" West, a distance of 187.52 feet; thence South 20035'29" West, a distance of 37.89 feet to a point on the southerly boundary of said Lot 1; thence South 89019'47" West along said southerly boundary, a distance of 32.19 feet to the true point of beginning and containing 0.337 acres. The easement is portrayed by diagram on the attached Exhibit C-2, which by this reference is made a part hereof. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns and their agents and employees, to enter at all times upon the above-described land by using existing roads or trails or otherwise hy a route causing the least damage and inconvenience to the GRANTORS 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, connections, -1- . ' ffL~ 103PAGE1385 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 or to the use of the easement by emergency vehicles; (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) 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 GRANTORS 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) 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 -2- , " , flUt 10a'AGf 1336 manner as will not hinder or prevent the proper cultivation of the tract to which this right-of-way is hereby granted. (4) That the GRANTEE hereby relinquishs and abandons that Easement and Right-of-Way Agreement for Waterpipe (sic) Line recorded at Book 17 of Miscellaneous at page 435 as Document #16617 on the 15th day of August, 1957 in the office of the Gallatin County Clerk and Recorder, Bozeman, Montana. The GRANTEE further agrees to execute any documents necessary to formally transfer the above-referenced easement to the GRANTOR if necessary to obtain title insurance on the property subject to the easement described herein. The GRANTORS 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) The GRANTORS 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. (3) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. Both GRANTORS and GRANTEE further agree: (1) The GRANTORS and GRANTEE hereto acknowledge and agree that the purpose of this amended water pipeline easement and right-of-way agreement is to resolve a problem which developed when GRANTORS and their predecessors in title constructed a hpo1e barnh over GRANTEES water pipeline. The location of the hpole barnh was determined in reliance upon a plat filed in Book G of Plats on Page 39, Gallatin County Clerk and Recorder's Office which erroneously depicted the location of GRANTEE'S easement and right-of-way agreement as -3- . " , , - fll~ 103PAGE 1J97 recorded in Book 17 of Miscellaneous at page 435 as Document #]6617. (2) To resolve the problem of the "pole barn", GRANTEE will abandon the easement and right-of-way agreement recorded in Book 17 of Miscellaneous at page 435 as Document #16617 subject to paragraph (3) and (4) and thereby resolve GRANTOR'S problem with the encroaching "pole barn" on GRANTEE'S easement. GRANTOR will execute this amended ease- ment and right-of-way agreement routing the thirty-foot (30') easement over GRANTOR'S property around GRANTOR'S existing "pole barn" and proposed easterly future expansion thereof (see Exhibit C-2). (3) The parties further agree that the GRANTEE will not be required to remove the water pipeline from its present location in the to-be abandoned easement and right-of-way agreement recorded in Book 17 of Miscellaneous page 435 as Document #16617 and place said waterline into the easement created hereby and said water pipeline in its present existing location will be allowed to remain and be used by the GRANTEE until the GRANTEE determines that the existing water pipeline should be either abandoned or replaced by using the easement and right-of-way created hereby. (4) That the GRANTEE will execute a relinquishment and abandon- ment of that easement and right-of-way agreement for water pipeline recorded at Book 17 of Miscellaneous of page 435 as Document #16617 on the 15th day of August, 1957 in the office of the Gallatin County Clerk and Recorder, Bozeman, Montana upon the mutual understanding and agreement that the water pipeline will be allowed to continue in existence in its present location until the GRANTEE determines that it shall be abandoned in favor of using the easement created hereby. The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors -4- .' , . filM 10aPAGf1338 and assigns of the parties hereto. DATED this 2nd day of September , 1988. GRANTORS STATE OF MONTANA 55. County of Gallatin On the 2nd day of September , 1988, before me, a Notary Public for the State of Montana, personally appeared Robert A. Hillstrom and Patricia A. Hillstrom, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same. Public t Resid g at B~eman My ~~mmi~~ion expires: "'\\'~"t J,:.\ N l.. ""'" ~,-'fQ;}tr; )" ""~.r -$: \, i ~''''\\\11 ~RIAi"'?(;'" ~ :;:{ d ~AI~ V'~ " - ~.0D' L: \ ;".~.:;:!,:.!" ,; , ..,<" /; ,.Ii "'j' + :,',' '.... ',\' \ '.. ,.,.-t:,P, "~:IIf",'..'_. ,,If l. I l"" ~I' II; 't"\t.;:'.'''''o'~\ \...' "~I"~ ,v,., IJ. '..,,< 1,1,,, "'~'Ut.....t.i.'~ WHEREOF, I have hereunto set my hand and affixed y and year first written above. e of Montana , Montana 08-04-89 THE CITY OF BOZEMAN ~;'?:';? " ATTEST :', '\ . IJ /~ I, "'k" ::t~ rx:,'--r // ,i ,~/~ Clerk of the City Commission STATE OF MONTANA 55. County of Gallatin On the 6th day of September , 1988, be fore me, a Notary Public for the State of Montana, personally appeared Alfred M. Stiff, Mayor, and Robin L. Sullivan, Clerk of the 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on ,the day ,and year first written above. /4,1///. ,j/, r 'jL/C'uf::./(I."" L__._.../~ (:'Z.;C\./ ',j;J.-/ Notary! Public for ~. ,pf Montana Resid~ng at Bozeman, Montana My Commission expires: . \ q ~",. iI., . (,~E~)\tJ L"""", ", ..J.. -4 )", "::,, ,,~ \ ",7 'l' "~> """ ;: ..:t: \ ,.' ", Jf I " v " ~ f"";~'XL'" :;'C~ - \,A.J J~..('1 :.:' :. J- I ,~ ~ ..."" ~ ~~ ....<'...l"r1"'~:~. ~. ~'1~"'" ,.......... I"l, .',ot... f ~ t) \~, \"... ~.~ I, '.. _,11"\ \", ~ ' -5- , ' " . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . Hl/l1 103PAGtl~33 CXH/8Ir C-2 6~~ND 0€AI B~vD. ~ - Q( ~ ..... LOT I" lJ~oCK-4 Lor31 8",cK 4 I.OT ~I 8""CK q ( N I ln0410 /11= /()O' tate of Montana t ss County of Gallatin I . iled October 11th I 1988 at~,~J,QA M., and Recorded in book.~l OL_____,~of MISC~~J-.AN~OU~__Page~4 __,"_mq;~,~Lj.~~,,-~ iuA _.__ County Clerk & Recorder BY~~~ 30.00 Fee $ Rt: CITY OF BOZEMAN ~~ '.."~~~,M:::-:~:~,____....,____._~,.,~:~--:-:-.:: =~'__-~ :;~-