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Home My WebLink About98- Osterman Water Pipeline and Access Easement and Agreement r ::.- ,'"'\ ", I. ."'.'~() ~'~~~al .,'-':........ ( \. .,.. I io."~ J .I..,' ."j filM 193 ~tf 344 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT DAVE OSTERMAN, the GRANTOR, 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 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, 35.00 and 30.00 feet wide to be located on the following described real property: A tract of land located in Section 6, Township 2 South, Range 6 East, City of Bozeman, Gallatin County, Montana. The easement more particularly described in the attached Exhibits "A", "B" and "C", 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) 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 Page 1 deems necessary. THE GRANTEE AGREES: filM 193PAC[ 345 (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 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 GRANTOR AGREES: (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 GRANTOR 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. (5) The GRANTOR assumes all risk and agrees to indemnify and hold GRANTEE harmless Page 2 flU~ 19,3~[ J46 from and against any liability resulting from environmental contamination emanating from the dedicated property or easements, and public infrastructure or facilities related to this project that arise prior to the date of acceptance of dedication or public improvements. 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. DA TED this "3 day of pi , 19 9S' ({)~Vt,~ (I &;i~-,>~^'-~ GRANTOR STATE OF MONT ANA ) GALLA TIN COUNTY ) On this ,.?ktl-day of " . t'L , 19 1', befw;e ~e, a Notary Public in and for the State of Montana, personally appeared . ell cUr-,{fG?1Vh"~_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. (tatd ~7 x11J!/Itf NOT AR Y PU~_pC FOR THI; STATE OF MONT ANA R 'd' p.> t ,1 / eSI mg at . -, A-'_/ My Commission ex // Q ( : ss. " SEAL "I.i '} , :..,.,.,... / ~ '\ :- \ ,~~ \, -~ . ' ,r ~-': ....,., .. , 4 . ~ . , -;'::~' . 0 _' ~, _ ~.:, >~:'. ...,L..t, ,-0 \,~t";r/~/ '~, ':., -'.~ -.:; ......~,~:;:o . -,!..' ~ ""';>: .~Fi'/:'j,~ ,,~~:Z.~~ ~ ............. 4 . ,0 . .,'" . "- ,-~ . ACCEPTED: ~ ~-.., '--.,. \-." .:_- \ ..-------..---...--"'.....--,.- CITY bF BOZEMAN by its Ci ty Manager tJJlYJ ~ Clerk of the City Commission Page 3 STATE OF MONTANA ) : ss. Gallatin County ) On this ,xf;<. day of )> ;(CL-t--L.;:.... , 19.zt; before me, the undersigned, a Notary Public for 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 wr~:~ abov~/ " 0L.tc:/c. (.k;;2:J.t~f/ L/~/JA-~~---- c-/ R~I~~;; ~~:7~~HE STATE OF MONTANA , .\ _ My Coriup-issiori expires J' 'kj~ 9J fJi~ 19J~a 347 SEA~; '., P,lge 4 EXl--IfBIT "A" f1U~ 193 ~,~[ 34@ WATER PJ PELINE AND ACCESS EASEMENT A tract of land being a portion of Tract 10 of the Northeast Annexation to the City of Bozeman in the Northeast 1/4, Section 6, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, described as follows and as shown on attached Exhibits "B" and "C": Commencing at the Northwest corner of Tract 1 of the Industrial Properties Subdivision as described in C.O.S. No. 405; Thence South 88"55'33" West, a distance of 15.01 feet to the southwest corner of said Tract 10; Thence North 00013'33" East, a distance of 137.78 feet along the west property line of said Tract 10 to the Point of Beginning; Parcel A: A 35.00 foot wide easement lying 10.00 feet north and 25.00 feet south of the following described line; From the Point of Beginning South 89046'40" East, a distance of 405.58 feet; Thence North 65008'19" East, a distance of 1 0.00 [eet to the end of said 35.00 foot wide easement; Parcel B: A 30.00 foot wide casement lying 10.00 feet north and 20.00 feet south of the following described line; Continuing from the end ofthe above described 35.00 [oot wide casement, North 65008'19" East, a distance of 278.18 feet to Point C as shown on Exhibit "B"; Thence North 65008'19" East, a distance o[ 83.32 feet; Thence South 84034'38" East, a distance of 133.84 [eet to Point D as shown on Exhibit "C"; Thence South 84034'38" East, a distance of 53.23 feet to Point E as shown on Exhibit "C"; Thence South 84034'38" East, a distance of 150.98 feet; "rhence South 89027'25" East, a distance of 330.74 feet to Point F as shown on Exhibit "C";; Parcel C: A 30.00 foot wide easement, the centerline of which begins at the hereinabove described Point C; Thence South 220 13' 14" East, a distance of 5 7.71 feet to the end of said centerline; Parcel D: A 30.00 foot wide easement, the centerline of which begins at the hereinabove described Point D; Thence South 05"33'13" West, a distance 0[65.57 feet; Page 5 ~, nt~193 fACE 349 Thence South 28003'13" West, a distance of85.62 [eet to the end of said centcrline; Parcel E: A 30.00 foot widc easement, the centcrline of which begins at the hercinabove described Point E; Thence North 05033'13" East, a distance 0[60.20 feet to the end of said centerline; Parcel F: A 30.00 foot wide easement, the ccnterline of which begins at the hcreinabove described Point F; Thence North 00023'28" East, a distance of 152.94 feet; Thence South 89036'32" East, a distance o[ 37.02 feet to the cnd of said centerline; Parcel G: A 30.00 foot wide easement, the centerline of which bcgins at the hereinabove described Point F; Thencc South 00023'28" Wcst, a distance of 170.74 feet;; Thence South 89"36'32" East, a distance of 53.68 feet; Thence South 00" 13'33" West, a distance of 59.44 feet to the south property line of said Tract 10 and thc end of said 30.00 foot wide easement; The sidelines o[ said easements being lengthcned or shortened to meet at angle points and to terminate at the west and south property lines of said Tract 10; Said casement contains 66,332 square feet, more or less. 11:\2259\002\FASEMENT\ W ATERD 18.EAS P,lge 6 '. -. , . EXHIBIT "B" nUll 19JfACE ,350 WA TER PIPELINE AND ACCESS EASEMENT A TRACT OF lAND BEING A PORTION OF TRACT 10 OF THE NORTHEAST ANNEXATION TO THE CITY OF BOZEMAN IN THE NE1/4, SEC.6, T2S, R6E. P.M.M. CITY OF BOZEMAN, GALLA TIN COUNTY, MONTANA. PAR::::>:~1'-( ." ~i ,'b / PARCEL A / '1.1'b- / . I / o~,ci~ /t;:) .()() . * I P.O.B. 10.00'")..-/ / ....~ / \o.O() I 10.00' 35.00' / '- 589'46'40"E T / w:----~---25.00)-t----- Y PARCELC ~ I~ 35' WIDE WATER PIPELINE AND ACCESS N6S'08'19:E_ 30' WIDE WATER PIPELINE AND ACCESS b I ~ EASEMENT TO THE CITY OF BOZEMAN 10.00 EASEMENT TO THE CITY OF BOZEMAN o z 588'55' 33"W I 15.01' OWNER DAVE OSTERMAN 2210 HIGHLAND CT. BOZEMAN, MT 59715 ENGINEER MORRISON MAIERLE, INC. P.O.BOX 1113 BOZEMAN, MT 59771 jN :3 MID (") v hC'i ._ (J\ , (\J g .... w 1/4 SEC. 6 \\o~ ~t'f..~ \ \ '1:\ ~~ \~~~r\t~S ~o~ Poet Motorcycle Shop ~ w :;:1 PT. OF COMMENCEMENT N. W.COR. TRACT 1 cos NO. 405 INDUSTRIAL PROPERTIES SUBDIV. S88'SS'.33"W 30.00' Page 7 BASIS OF BEARING NORTH PROPERTY LINE OF INDUSTRIAL PROPEfHlES SUBDIVISION NBB'55' 33"E GRAPHIC SCALE 'k.~ ( I" nET) 1 'lIJeaa "" 100 tL .. I \\o~ ~t'f..~ \ \ 'J:\ r:-.~ \~~c x.-r:-.S 0.0~\y;. I - - - \\00.- o I\.,,-\~t'f..~ \ \ \ r" \\Zr:-.C y\tr:-.S ~0\Z\ C N88'SS'33"E EXHIBIT C - INDUSTRIAL PROP. SUBDIV. ", \22..\OOl\Oll^,,,NC.\OSTSSl.D"" ~, ": .t . EXHIBIT "c" riM 193fltI 351 WATER PIPELINE AND ACCESS EASEMEN T A TRACT OF LAND BEING A PORTION OF TRACT 10 OF THE NORTHEAST ANNEXATION TO THE CITY OF BOZEMAN IN THE NE1/4, SEC.6, T2S, R6E, P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. OWNER DA VE OSTERMAN 2210 HIGHLAND CT. BOZEMAN, MT 59715 ENGINEER MORRISON MAIERLE, INC. P.O.BOX 1113 BOZEMAN, MT 59771 BASIS OF BEARING NORTH PROPERTY LINE OF INDUSTRIAL PROPERTIES SUBDIVISION N88'S5' 33"( \\o~ \ 'J 1>-~~(.'f..1>- \?-1>-~~S1>-S\ ~o?- ,\o~ ~\f1>- GRAPHIC SCALE \ \ Q:\ ~~ \?-1>-~y\(.1>-S 'k.~ O~ ( .N rEET ) ~ I_.~~ i 589'36'32'( J7.02' I--~W I J ~zr _ 0 I I'" 0 ",to.! . '" I I ~ ,.; .", 15.00'--1 ~I 30.00' -J .-J II-- U oct: 0::: I-- PARCEL E PARCEL F \\o~ ~(.'f..1>- 1>-~ PARCEL G N88'SS'JJ"E - EXHIBIT B -! !.. 15.00' --I /... 30.00' 9 1>-C\ ~ ,?- \\o~ ~\\o ...,(.'f..1>- ?o ~~\... ~~. H~ \22:\.I\OO2\{)R.AWlNGS\OSTSS1.DWG ItlDEXeo 3 8 0 >3 31 PLAnEO , J Page 8 state of Mont., county of Gallatin. ss Filed for record __DECEMBER 24 , 19~ at 9: 39 A M., and recorded in Bonk ...-1.93_ ObJ_:MIS.~ELL~~lT?----;<"---page 344 ~,'I"!l QlQ4d1 fle.;oruer, By ~J),ACl ~~hJ.Lti1'V Deputy FEE: $48,00 RT: CITY OF BOZEMAN