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Home My WebLink About94- Lehrkind's Coca-Cola Water Easement, 1994 ntH 151PACE 259 WATER PIPELINE EASEMENT AND AGREEMENT Lehrkind's Coca-Cola Bottling Company, 1715 N. Rouse, of Bozeman, Gallatin county, Montana" the GRANTOR, in consideration of One Dollar ($1.00) and other good and valuclblf? 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 pipelines with the usual services, valves, cODllections. 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: Beginning at the N 1/4 Cor. Sect. 6, T2S, R6E, P.M.M.; thence S 00 02'22"E a distance of 994.09 feet; thence N 90 OO'OO"W a distance of 30 feet to the NE corner of Tract. 11 Cert. of Survey 547; thence S 00 02'22" E 107 feet; t.:;hence N 90 0 (I I 00 ,. Wad is tan ceo f 57. 5 fee t ; t 11 e nee S 00 0 ~~ I :2 2" E d distance of 30 feet; thence S 90 00'00" E a distance of 57.5 feet to the east property line of said Tract 1, thence N 00 02' 22" W a distance of 30 feet to the NE Cor. of S,,'l.id Tract 1 and containing 0.04 acres. The centerline is more particularly described on the attached Exhibit(s) A, 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 dnd to: (1) COllstruct, operate, patrol, repair , substitute, n:"'move.. enlarge, replace, and maintain the pipeline, services, connections, accessories and appurtenances; (2) Trlffi, remove, destroy I or otherwise C!)lltrol any trees and brush inside or outside the boundari.es of the 0ase1ll8nt 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; "lM 151PACE 260 (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 COllrses with structures which GRANTEE deems necessary. The GRANTEE agrees that: (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replac 1ng, and maintaining of said water pipeU,nef; ,it \Ali 11 repair or replace, at its sole expense, or pay to GRANTOR 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 excavatioll, 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 ('my 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 ae 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 edsement without the prior written consent of GRANTEE. ') i. rllM 151 PACE 261 (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. DATED this '2J<:'f- ~) ,,_j day of /vld ..,l ( " 19,: 4 - ,," .. " -;r' ('/)- ~/- /', :L-- /)~ '1---/ , < _ .'" .____/ .. ~,' ..-"'[....: .'0". "-,7/ / .:~ "d'~ ~''''-7',/1fv-' ./," / . ../' STATE OF MONTANA 58. GALLATIN COUNTY ) On thiS,.j/;jtday of ~\O\I ,1994, before me, a Notary public in and ,for the Statle of Montana, personally appeared ((<1',,1 L.rhr'K,'j'(l , known to me to be the person whose name is subscribed to within this 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 year first above written. //"/ ,. / C {tt it. ( /f.dlttl,{ ('-- NOTARY PUBLIC FOR THE STATE Residing at ;:>J{? P /) If? Ii I My Co.mmission expires ,F'- ',;),f-' OF MONTANA Jll (" '~'I?c;?- .~':c.'~" '. ,,~,,'~\1:"":" "~1,'." 1';' .,'..s'", ""'-~..i,'i;,<Ij.'\.""'to,' ~ / ',. ~.r -", ,-"i. ,;;<;~,)(,:i:".',."'~,,',', ......7, ~.. '.,. ... '" ~:. "..,>7" ."\'" . /~~\AR!/;/ ":;:~ '\ ["s':~ E'" "f' ~ ~ ~ .... . "" : : 'lilI' . '. '""~' ~ ' ..-'\k~ .I;' ("I ;' "'~ :' \ 1,~t<1. ..,::: , . ~', ,. "" /'-.. -; .(:~:.,..,'r >.,'~ t, \\ /(',":"':':'~'~'>,,~,,'I ,'~ I ~ .'\~... '),: I l ' ~ .'f'~'I......~ J' \" ' 3 ACCEPTED: A(1~ J ~ Clerk of the City Commission STATE OF MONTANA 55. Gallatin County filM 151 PAG[ 262 On this 20~ day of JUNE , 19 94, before me, a Notary Public for the State of Montana, personally appeared RONALD F. BREY ~m:@::8::=~'i'=~@~~ and Robin L. Sullivan, known to me to be the ACTING 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 affixed my seal on the day and year first written above. No~1u~frc ~~C:~;E~-;~ONTANA Residing at BOZEMAN My Commission e"xpires JUNE 11. 1996 Jli,I,. "s;.,E:.,1I"L (' ,;" "" ..., ... ,.Jt'l. ~, I.,' ,,':, 1'" \~ ...~ ,.ltjll' ''''''. ." ~ ~ .11';...... ~,". fi"t t, ':,11"-, qQ '. !]," ~' ~'(' " ':j.. ';~ -:J; ',' ;:.: lrl\ '8 EAL/~-rJ ',.,-\ '., .: -~- ...~,')...., ",...".: ..~ '!1--"'<' ~', )..~ ", I f' 4 ".':.::; EXHIBIT A. Waterline easement for the fire lead for the Lehrkind Coca-Cola plant at 1715 N.Rouse. City of nozeman,MT. .fl{M i5t:RAC["~'Lg~,;:-":,.,, h y,tti' a~.~;, "". ..,',:~;.k:;"I,::.".:,>:;t:,;;;~':::';,~:'u Bbt'ftt'pg,;>f;;; "'ftfl'",*. 426,40 381. '1 :..i._ .. -,- .. ,- till 0 ... . . ... .... . '..... ; .... . 8 . LOUIS 34F 91 JR eURfON EAST 787.91 HID 11/4"PIP( ,~ '. 30'X TRACT I '....... PG ~, -, , $).~ '\ -----~ 01. t" '!I1 0 ,.-- ----'" ...__--- '''{ o~ ~ "'\s\.~ ..- c\"{ -{ ,\4 _.... .,/ ~ "{o ~E.~ ..--- _~- . ~~s~ .--- ./,.......-__ (C\.'Z.~ ~~';;:/.......- ------:-/~~ "'~''--', ~....,- -----..- :~_/-_/ -------~:;:.<// ~ ---- ------ - '-, /~ ...--- /- -...........p -,------- .....-,// ----- . G ..... /----:/--' ~ .--" -~ -- S ""'!l"44~W 4",3' 5.404 ACRES . . .. IN . . ! . g .. ..- -~- ~ i o . IaJ U) ::J o Gl: TRACT 2~~G" I. 000 ACR E '. 1% .... 0: o Z . .- . . .' FNO z" PIPE \ \ '\ "\, w. S ...S.'44"W 42'0.811 R. _f9T 421.30 - J:'4-)_.n - "'D 2 · "" Fee $ 30. 00 SUIIer II. C.eeey THIS INSTRUMENT WAS FILED FOR RECORD fN THIS OFFICE ON THE 27th DA Y OF January ,*~ 19 95 AT 8: 22 A.lVI., AND WAS DULY RECORDED IN BOOK 151 OF MISCELLANEOUS RECORDS, PAGE 259 J "~ ( ) RECORDER. BY ;~ )fJilJ(}AO) '" Lt.1{.d??( DEPUTY p" 3005:~'( OFFICE OF COUNTY RECORDER) COUNTY OF GALLATIN ) STATE OF MONTANA ) Rt: City of Bozeman PO Box 640 Bozeman MT 59771-0640