HomeMy WebLinkAbout94- Jarrett Water Easement, 1994
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frl M 151 PArr 218
WATER PIPELINE EASEMENT AND AGREEMENT
David Jarrett and Yvonne Jarrett. of 3309 Sundance Drive. Bozeman.
MT, 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 a 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, thirty (30)
feet wide to be located on the following described real property:
Lots 1. 2, 5, 6, and 7, Tai Lane Addition to the
City of Bozeman. Gallatin County, Montana
The easement is more particularly described on the attached
Exhibit A 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 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) Srade 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 ravihes and water courses with
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filM 151 PACE 219
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(E)
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 thp 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 sailor 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
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filM 151 PACE 220
that they will forever defend the title to this property
against the claims of all persons.
(4) ~he GRANTEE may peaceably hold and enjoy the rights and
privileges herein granted without any interruption hy the
GRANTOP(S).
The terms, covenants and provisions of this 92sement and
agreement shall extend to and be binding upon the heirs, executors,
administrators. personal representatives. successors and assigns of
the parties hereto.
day of W ' 1Q94.
~dA~
. YVOnJ1P ~Tet t
STATE OF MONTANA
SS.
GALLATIN COUNTY
On this ~~ day of if/.dt<........ , 19 7<"(, before me, a
~1 Public in and f~ the state of Montana. personally appeared
! \.1 Iff?RuT Y- Y ()A.J)r)E- V~/'f-R#71- ~ . known to me
to be the persons whose names are subscribed to within this
instrument and acknowledged to me that they did execute ~he same.
In ~ttn.,s whereof, I have hereunto set my hand and affixed my
,...... ~f~~!tn.l,., se~~....t.h day and year first above written.
, '. ". STO'1o> '.
~' I,,,,'" '1 :;".. ' " .,
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/' .....',. P~BLlt JOR THE STATE OF MONTANA
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~\~r:;MlIl.i~si~n expires . /~ 12--'18
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ACCEPTED:
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)TY OF BOZEMl',N '\
by i t s_~ITY MANAGER
AVak;! ~
Clerk of the City Commission
STATE OF MONTANA
ss.
Gallatin County
On this _--.!.6th . day of May 1994. before me, a
Notary Public for the State of Montana. personally appeared James
E. Wysocki 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 witness whereof, I have hereunto set my hand and affix~d my
seal on the d~y and year first written above.
~~~
NOTARY PUBLIC F~THE STATE OF MONTANA
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filM 151 PACE 221
LEGAL DESCRIPTION - WATER MAIN EASMENT
A tract of land bein9 il portion of Lots 1, 2, 5, 6, and 7, Tai Lane
Addition, located within tile Soutllwest Quarter of Section 13, Township 2
SouLh, Range 5 East of the Principal ~'eridiiHl of t~ontana, Gallatin County,
t~ontana, and being further described as follows:
U(>gim1in~l- at a point on the nortl1 line of said Lot 5 which bears Nortl1
B90(~4'16" East, a distance of 20.00 feet frolll tile Nortllwest corner of said
Lot 5. Tllence North B9024'1G" East along Llle 1l0rtll line of said Lol 5, a
disLance of 58.19 feet. Tlwllce SOUt!l Uo035'OO" Hest, a distance of 24.92
feet. Ihence Nortll 89025'00" West, a distance of 20,18 feet. Thence SoUtll
0003~-j'OO" \>Jest, a distance of 220.00 feet. Tllence South B9025'00" East, a
distance of 7,bO feet. Tlwnce Soutll 00035'00" \>Jest, a distance of 30,00
feeL Illellee: Nortll 89025100" \>Jest, a distance of 7.50 feet. Thence SOUU1
OU03l5IOO" \>Jesl, a distance of 142.47 feel. Thence South 89025100" East, a
disLallce of 27.38 feet. Thel1(;e North 00035100" East, a distancf>. of 27,50
feet. TllenCf~ South 89025'()0" East, a distance of 30.00 feet. Thence South
0003~j'OO" \>Jest, a distilnce of 27.50 feel. Thence South 89025'00" EiJst, a
distance of 15.00 ft~et. Thence SouLlI 00035'00" \>Jest, u distance of 39.70
fe(~t to a point on the south I ine of silid Lot 7, Ttlence SoUtt1 89024' 16"
\-JesL alung said south I ine, a distance of 30.01 feet. Tllence Nortll
00035100" East, a distance of 10.32 f(!(~t. Thence Nortll 89025'00" \>Jest, a
distance of 72.38 feel, Tllence Nortll 00"35100" East, a distance of 218.47
feeL. Ihence North 89025'00'1 West, a distance of 29.00 feet. Tllence North
O()o3~)IOon East, il distance of 30,00 feel:. Thence SOUtll 89025'00" East, a
distance of 29.00 ft~et. Tllellce North 00035'00" East, a distance of 39,00
ff~eL. Tllencf~ North B9025' 00" \>Jest, a distance of 23.76 feet. Thence North
00035'00" East, a distance of 30.00 feet. Thence Soutt! 89025'00" East, a
distance of 23.76 feet. Thence North 00035100" East, a distance of 128.73
f(:eL to the Point of Beginnirlg,
Said tract of land being 19,195 square feet, or 0.4406 acres, more or
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filM 151 PACE 222
_ TAl LANE ADDITION'
_lOTS 1. 2. 5. 6. & 7
EASEMENT FOR WATER MAIN
FIHE HYDRANT AND WA TEf~ SERVICE LINES
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S~tB JM-;;~t~, Co~~t;;;f Gallatin. ss Filed for record January
27 ,19..12.at 8: 12.A1V1.. Ilnd rp('on{lHl In Book.... 151 of
MISCELLANEOUSpllW' 2..1..S- ~I9 I. C~eney I l~ec()rder
. $ 3 O. By _L,lJA /;(JdtJ) l.-.LI:li//Jf )Jeput)'
Fee: O. 0 ,'" /
Rt: City of Bozeman
PO Box 640, Bozeman MT 59771-0640
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