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Home My WebLink About96- Main Mall Limited Partnership Water Easement, 1996 . @",,-, ~CE'VED SEP f 8" . rn~ 168 PACfJ189 WATZa PIPELINE AND ACCESS EASEMENT AND AGREEMENT Main Mall Limited pa~tner6nip,ot ~ent. Washinato~, the GRANTORS , in consideration of One 0 11 ($ o ar 1.00) and other good and valuable consideration, r c t f h' e eip 0 w lch is acknowledged, remise, quit claim, and ~elease to th C't e 1. y of B02eman, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59771-0640, GRANTEE, its successors -nd . - 4561.9nS, a perpetu&l easement to lay, construct and mal.'ntal."n t Wa er pipelines 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, to be located On the followinq d@scrib&d rAal property! The tract of land shown on Certificate of SUrvey 467. accordinq to the ~lat thereof. on file and of record in the office of the Clerk and Recorder. Gallatin County. Montan~ ~nd containinq J6.612 acres. Excepting therefrom a Darcel of land conveyed bv Barqain and Sal~ Deed to the Montana Department of Transportation recorded in Film 156. Paae 284Q and Film 156, Paae 2644 of the records of the Gallatin ~I i! tJ"'" ~8 ~\IID County Clerk and Recorder and containinQ 1.68 acres more or less. Said tract is located in thQ SQuthwest Ouarter ~ Section 11. Townshin 2 South. Ranae 5 East. P.M.M. The easement 16 more particularly described on the attached Exhibits A and 8 which by this reCerence are made a part hereOf. This remise, quit claim, and release 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 o~herwi8e 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; 1 .. . . (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 , fttH 168PACfJl90' operation and maintenance of the pipeline; (3) Grade the land subject to this easement and extend the cuts and tills of this grading into and on the land adjacent to that which is subject to this easement to the extent GRANTEE may tind reasonably necessary; and (4) Support the pipelina across ravines and watar courses with 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 MAIN 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, pavement, 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 trom the trenched area ~o a ~epth ot one foot, or to the full depth of the topsoil, whichever is less, and stockpile said topsoil 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 substantiallj' t!'lc !'a!!!9 ccndit!.!"!! as 9x;.!!ted prior to the beginning of operations except that the surface of backfilled areas may be mounded sufficiently to prevent the formation of depressiona after final settlement ha. taken place. (3) To lay, construct and maintain said pipeline in such manner as will not hinder or prevent the proper cultivation af the 2 ,";';' .. . ~ract to which this right of way is filM 168 PACfJ191 hereby grantQd, 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 ~ritt8n consent of the GRANTEE. (3) The GRANTOR(S) warrants that they lawfully poscess the real property described above, and that they have a lawful right to convey the property, or any part of it, provided the foregoing warranty is subject to the Mortgage of Pacific Mutual Life Insurance Company, dated October 29, 1980 and the Ground Lease among GRANTORS, dated April 16, 1976. (4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S) . (5) Tho CRANTEE hereby abandons the existinq water main easement more particularly described on attached Exhibit A and shown on Exhibit B, and hereby remises, quit claims and releases the existing water main easement described on Exhibit A and shown on Exhibit B to che owners at the real property more particularly described on Page 1 of this Wa~Qr pipeline and Access Easement Agreement. The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs, executors, administrator3, personal represehtatives, successors and assigns of the parties hereto. DATED this /1 t.!L- d~,y Of" ~ff:?-~' ('Hi h-e ," GRANTOR GRANTOR GRANTOR GRANTOR GRANTOR 3 ,. .. ..~ , STATE OF ~dLe~7lf~--~) filM 168 PACfJ192 ~, / : ss. /}:C~-7t..4 COUNTY ) I ^ L _' Notar~np~~f~c~n~a~ Of~~~;: ,~' 1~9~, before me, a personally appeat"ed:g,,....th~a;@ (. c-/d,?6f,. -'J'-h~ , ?e the persons whose names are ~Jbscribed to with~~o~~i:O me to ~n8tru~ent and dcknowledge~ to me that he dl'd I it execute the same n W ness whereot, I have hereunto set h a . . my of icial seal the day and year first abovem~ri~~en~nd aff~xed ,..tt"H'H'r~'t, I "'>,.'~. "Ii-' ~', ho~. ,,' I!'l\'~":" '" "i '1/.', \'.~~.41' ,;..'f " ~"!- ;,' ,;-;:."., ~ It '" """~.. " "r:" ...' ~ ",;'/ . ,j) '~ :; e~: " :,\:~n ';:. "; ~ ~: ~_...~ "'. '"" . -Z:" 1t~"e>, . . ~, :~~o PU~'" , .-:; t";:;:' "" "):".< .:,: ACCEPTED: ,f';;'\":.o 'U...' . '., ," ~;;:,~~ "'~l ~ e;:~..: ...,~ ~"~,~ f C,li,i "'Jr.;~It~, 1 ~". A~ J ~&~, Clerk of the City Commission ~~- by i ts_ Ci ty Manager STATE OF MONTANA ) . 55. Gallatin County ) On this 21st day ot October , 19~, 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 whereot, I have hereunto set my hand and affixed my seal on the,day and year first written above. 4 " Oc't 15, 1 '396 [13: 2::::F'r'1 FF'Of'l THCIt"1f=4S DEAtJ 'Arm HOSV It'!'::; TU 58223El3 P.02 EXHIBIT A fiLM 168 PAGfJ193 DESCRIPTION OF EASEMENT An easement for city water main purposes over, under and across a parcel of land within the following property: The tract of land shown on Certificate of Survey 467, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana and containing 38.612 acres. Excepting therefrom a parcel of land conveyed by Bargain and SalQ Deed to the Montana Department of Transportation recorded in Film 156, Page 2840 and Film 156, Page 2844 of the reoords of the Gallatin county clerk and Recorder and containing 1.66 acres more or less. Said tract is located in the Southwest Quarter of Section 11, Township 2 South, Range 5 East, P.M.M. The bounds of said easement being described as follows: Commencing at the Northeast corner of Certificate of Survey 467; thence South 00016 '25" West, a distance of 2 01. 64 feet along the East line of said Certificate of Survey 467; thence North 89043'35" West, a distance of 22,77 feet to the point of beginning, and hereinafter referred to as Point A; thence in a clockwise direction around and along the perimeter boundary of said easement, through the following courses: South 82 <:I 1 7 I 16" West, a distance of 41. 20 feet; North 07042'44" West, a distance of 22.56 feet; North 82u17'16" East, a distance of 11. 94 feet; North 07<:142'44" West, a distance of 24.00 feet; South 82"17'16" west, a distance of 11. 94 feet; North 07042'44" West, a distance of 20.96 feet; North 82017'16" East, a distance of 41.20 feet; South 07042'44" East, a distance of 67.52 feet; to the point of beginnIng. containing 2,495 square feet. As shown on Exhibit B. EXISTING WATER MAIN EASEMENT TO BE ABANDONED And a 30 foot wide existing water main easement to be abandoned over, under, and across the above described tract. The bounds of said easement to be abandoned being described as follows: Commencing ~t hereinbefore dC2cribed Point Ai thence South 82017'16" West, a distance of 8.03 feet to the point of beginning; thence in a clockwise direction around and along the perimeter boundary of said easement to be abandoned through the following courses: south 82017'16" West, a distance of 30.01 feet; North 08046'07" West, a distance of 67.53 feet; North 82"17'16" East, a distance of 30.01 feet; South 08046'07" East, a distance of 67.53 feet; to the point of beginning. containing 2026 square teet. As shown on Exhibit B. " Meaning and intending to abandon all that portion or portions of any previously existing water main eas.men~s which lie within the previously described new easement, within the propOsed building expansion for the Buttrey Food and Drug store, and within the narrow s~rip hQtween said new eesement dnd ~aid bUilding eXpansion. EXHIBIT A - CONTINUED fIlM 168 PAC[J19~ . " TOTAL P.0? . " . nu~ 168PACfJ195 EXHIBIT B [':ASEMENT FOR R[LOCATION OF WATER MAIN BUTrREY BUILDING EXPANSION, MAIN MALL, BOZEMAN, MONTANA A PORTION- OF CERTIFICATE OF SURVEY NO. 467 LOCATED IN THE SW 1/4 SECTION 11, T. 2 S., R. 5 E., P.M.M., GALLATIN COUNTY, MONTANA NEW EASEMENT AREA 2495 SQUARE FEET ABANDONED EASEMENT AREA 2026 SQUARE FEET NEW EASEMENT LINE w w 11.94' Z o G z C( C5 (') z 6 -1 :5 m '"l '-' 5 2' fJ ') d t.> .. r.- NE CORNER cas 467 FD ALUMINUM CAP PROPERTY LINE 3= HATCHED AREA I EASEMENT TO BE ABANDONED PROPOSED WATER M IN ~ (fl 0 '~ 0 i'- --l en ~; ..,. l!) \'-.? ..q- f~ ..,. 3: ~ 1n r'1 h~ ~ 0j Z 01 ((J ~ -.\ ((J ..... '(J1 ..... b 0 to.? 0 0 ~3 C'-l U) NEW EA EMENT LINE ~ paiN n~' t--:> N (J1 01 BEARING BASIS cas 467 o 20' I I I I I seA L E \ \ \ \ ~ \ \ ((J o (X) I.{) N MAIN FD ALUMINU~ CAP 9643-8<.DWG THOMAS. DEAN & HOSIaNS INC. O<OINI:DI"o coNsULTANT" ~-"__11J. ~= 1~~~~ a7--- --- THIS INSTRU MENT WAS FILED FOIl REeo Il D IN TIllS OfFICE ON TIlE 25TH DAY OF NOVEMBER ,=A~'l1 D 96 OFFICE OF COUNTY RECORDER) COUNTY OF GALLA TIN ) STATE OF MONTANA ) Fce $ 42.00 Sbne, Y. Cheney RT: CITY OF BOZEMAN AT 9:24 A 1\1., AND WAS DULY RECORDED IN ROOK OF MISCELLANEOUS RECORDS, PAGE RECORDER. BY bruJl.UtV 9~ 168 3189 DEPUTY