HomeMy WebLinkAbout98- Nelson Water Pipeline Easement and Agreement
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fll" 19JrJtl 304
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WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Peter K. Nelson, of 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, Section 1, T2S, R5E, P.M.M. twenty (20) feet wide to
be located on the following described real property:
A portion of Tract A of Certificate of Survey No. 391A, located in Section 1,
Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana.
The easement is more particularly described on the attached Exhibit(s) "A" and "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 can'sing 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, 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) 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 casement 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:
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flU~ 193 PACE 305
(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 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) 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) Tolay, 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 GRANTORS AGREE:
(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 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.
(4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted
without any interruption by the GRANTORS. 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 5th day of
October
,1998.
2
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Pe'ter K. Nelson
193 PAtf .Di
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ~,....4. day of OL~./L:l:t.. , 1 ~.!b'fiore me the unde~
Notary Public for the State of Mtana, personally appeared t.~~A ~ /2a .
known to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year above written.
(SEAL)
~~0- /11. /1P~
Notary Public fo; the State of Montana
Residing at Bozeman, Montana
My Commission Expires ll/,,~ /c:JJ
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ACCEPTED:
f}J!; :! ~
Clerk of the City Commission
jj
CITY OF BOZEMAN
by its Ci ty Manager
STATE OF MONTANA)
) ss.
County of Gallatin )
On this Stb day of (f!!Jchbey. , 1998, be[ore me the undersigned, a
Notary Public [or 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 for the City of Bozeman and the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same for and on behalf of the City
of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day
and year first above written.
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II;126051009\EASEMENTII'K W'lREAS, WI'D
EXHIBIT "A"
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EXHIBIT A
filM 193 PACE J!p
A portion of'T'ract "A" ofc.a.S. 39 I A located in the northwest one~quarter of Section 1, Township
2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, described as follows:
A 20.00 f()()t wide water pipeline and access easement, the centerline of which is more particularly
described as follows:
Commencing at the north one-quarter corner of said Section 1, said point also being the northeast
corner of said Tract "A", thence North 8802 I '14" West, a distance of 10.01 feet along the north
section line of said Section 1, to the True Point of Beginning and centerline of said casement;
Thence, parallel with and 10.00 teet west of the east property line of said 'fract "A", thence South
00049'44" East, a distance of507.40 feet, more or less, to a point on the north Right-of-Way line of
Interstate 90, said point being the end of said centerline;
The sidelines of said easement being lengthened or shortened so as to begin on the north section line
of said Section I, and end on the north Right-of-Way line ofInterstate 90;
Said easement contains 10,148 square feet, more or less.
A temporary 40 foot construction easement is created along the west side of the 20 foot
easement, the lands of which revert back to the owner upon completion of the construction
phase.
H\260S\009\EASEMENT\l'KWTR EAS. Wl'D
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MANDEVILLE LANE
fiLM 193 f!U308
T1
T2S
1, T2S, R5E
T1
T2S
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P.I.B.
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SIDELINE OF .- + 0
EASEMENT I I~I~
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CENTERLINE QF
EASEMENT I
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TEMPORARY 40' --\... 40' I
CONSTRUCTION EASEMENT I F
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TRACT "A"
C.O.S. 391 A
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10' -j
20'11
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NORTH RIGHT-OF~WAY
LINE INTERSTATE 90
P.O.C.
EXHIBIT "B"
A 20' WATER PIPELINE AND ACCESS
EASEMENT ACROSS A PORnON OF TRACT
"A", COS 391A, SECTION 1, T2S, R5E P.M.M.
LOT 1
WHEAT COMMERCIAL
SUBDIVISION
=~v
10'
380823
PROPERTY LINE/SIDELINE
OF EASEMENT
St~t~ 2f :~~,I;t~~;. 153
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MISCELLANEOUS r,:' 304
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Fee $.. 30.:..9L.,_____._____
RT: CITY OF BOZEMAN
LOT 2
WHEAT COMMERCIAL
SUBDIVISION
GRAPmC SCALE
30 ~ 60
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( IN FEET )
1 Inch = 60 ft.
120
I
BASIS OF BEARING
EAST LINE OF SEC. 1, N 01'31'29" E
AS SHOWN ON CIS No. 1215B
c90 MORRISON
DO MAIERLE,INc.
2605 \009 \PKEXHIBB, owe