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Home My WebLink About98- State Capitol Employees Credit Union Water Pipeline Easement and Agreement ",~...';"" " ;- f~ ~.'l (7 1,~;:38 }--. m ~ 19S ?:/[3~}.17 WATER PIPELINE AND ACCESS EASElVIENT AND AGREEMEN1' State Capitol Employees Credit Union, of Montana, the GRANTOR(S), in consideration of One Dollar ($1.00) and other good and valuable consideration, reccipt or which is acknowledged, grant(s) to the City of Bozeman, a municipal corporation or the State or 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, connections, accessories and appurtenances for the purpose of transrnitting water in, through, and across a strip of land situated in Gallatin County, Montana, ten (10) feet wide to be located on the fullowing described real property: A portion of Lot I of Minor Subdivision No. 135, situated in the SW 1/4 of Section II, T.2.S., R.5.E., r.M.M., City of Bozeman, Gallatin County, Montana. The casement is more particularly described on the attached Exhibit A which by this re1Crence are made a part hereof. This grant includcs the right of the GRANI'EE, its succcssors, permittees, licensees, and assigns and its and their agents and employces, to entcr at all titnes 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: (I) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline, services, conncctions, 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 bc hazardous to the construction, operation and maintenance of the pipeline; (3) Grade the land subject to this cascmcnt ami extcnd the cuis aud fills of this gnlding into and on thc land adjacent to that which is subject to this eascment to the extent GRANTEE may find reasonably necessary; and (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. , ~,,-~. . TilE URANTEE AGREES THAT: r/l,~ 198 Pt:St3~}38 (I) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, allll maintaining of said water pipeline, it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any damagcs to growing crops, existing fences, ditches and other appurtenances of saiu land that may be disturbed by its operation. (2) That, during operations involving excavation, it will remove thc topsoil from the trenched area to a depth of one foot, or to the full depth of thc topsoi I, whichever is less, and stockpile said top soil lor rcplacement over the trench. It will renlove fronl the site any large rocks or surplus excavating material or any dcbris that may have been exposed by the excavation allll remains afler 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 muy be mounded sufficiently to prevent the formation or depressions after final settlement has taken place. (3) To lay, construct and maintain said pipelinc in stich manner as will not hinder or prevent the proper cultivation ofthe tract to which this right of way is hereby granted. THE GRANTOR(S) AGREES THAT: (I) At no tinIc will thcy build, construct, erect or maintain any permanent structurc within the boundaries of said casement without the prior writtcn consent of GRANTEE. (2) At no time will they modify the finishcd grade of the land over the pipeline by removal of existing soil or by placement of fill material within the boundaries of said easemcnt without tile prior written consent ofthe GRANTEE. (3) The GRANTOR(S) warrant that they are lawfully seized and possesseu o[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 pcaceably hold and el\ioy the rights and privileges herein granted without any intelTuptioll by the GRANTOR(S). 2 ,.r . . -...'-.;.... fIL" 198 P~Sf:3~j.19 The terms, covenants and provisions of this casement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, Sllccessors and assigns of the parties hereto. DATED this _17th.. day of _ Febr:uary..___~,__._, 19916. /P-' C) 1/ ~ i/ /i;J c i.//t1fl.?!a-,L" -C~4d-c~~_~~e GRANTOR STATE OF MONTANA ) Lewis & Clark ) ss. County of fj .. Itrn ) On this 17th Jlay of ___Ji'ebruarY-____ , 199~, before me, the undersigned, a Notary Public for the State of Montana, personally appeared JhOIOOiLE .,~n~LRtG~_______._, known tome to be the .".- Pres~g~I1L_________",__ of Sla1.t:....CapiJ..ol Eruplo)Le.e.s.Cr.ediLUlliQu, and the person whose namc is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf oL__StaJe C~pito.t~ploy:.~eB._Credit_Union IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notarial Seal the day and ycar first above written. ,.. '>~ .. , .. (~Ek!,,) , f' ..:: J ("" .,.. /1 ~~ ~" ,/;7 _d:b:_:_~.(.L P.L,-----.:.-'.-'?L(.. ;",f((J.::- ( I/~ .__._ Notary Public fOLtHe State of Montana Residing in I41&!~niffl, Montana My Commission Expires _...:,t.:-.::~<' t./.:'--_____,._ ., 1'0 l'/, " ACCEPTED: ATTEST: () IJ. j D/!/J.. ~"~"...,-,-- -.-'.... Clerk of the City Commission ----.:.-::~~\--_.::::-=::.~==::---:-:_---- .-.--.,...-- CITY OF BOZEMAN by its --....-.G.i.1dl-,'Manage.~____.____ STATE OF MONTANA ) ) ss. County of Gallatin ) VI -'7' On this &.___day of __ {1-L'.-i-0/'__~_,__, 1999 , before me the undersigned, a Notary / Public for the State of Montana, personally appeared CLARK V. JOHNSON and ROBIN L. SULLlV AN, known to me to be the City Manager and Clerk of the City Cornmission for the City of Bozeman and the persons whose names are subscribcd to the withininstrul1lcnt, and acknowledged to nJe that they executed the same Jor and on behalf or the City of BOlcman. INWITNE~';S WIlEH__EOF, I have hereuuto set lilY IHlllli and afiixed my seal un the day and 'y"cal:Jil~t,written above. ..;:.. " ~,.~ .I ""'" .~, .... . I- \, / JI'" 't > .""" ~" t>r}.' ">,1; ....0 'iI ',..1 '.'. -:. ~.r, lOri, ~! ~: i. ~ [J ~SE"~~} ,-- ~,.'-f ~r......' .. ~ . /.rql '\ ( //--;:/. '~;/ ~/,. ~I~~~;C r:~~~:~(ale ~~~:;,;' /" Residing in Bozeman, Montana My COlllmission Expires _.,.__._,____ A ....i \ I'; '1 3 ,"'- - .-.... nL" 198 ?~n39.10 EXHBT "A" A 10 FOOT WIDE WATER LINE EASEMENT SITUATED IN LOT 1 OF MINOR SUBDIVISION No. 135 IN THE SW1/4 OF SECTION 11, T,2S., R.5E., P.M.M" CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA, AND BEING FURTHER DESCRIBED AS FOLLOWS: Beginning at a point being the northwest corner of Lot 2 of said Minor Subdivision No. 135; Thence along the westerly line of soid Lot 2 S 01.41'46" W a distance of 142.10 feet; Thence S 89.35'49" W a distance of 10_01 feet; Thence on a line parallel to the north-south line common to Lots 1 & 2 of said Minor Subdivision No,US N 01'41'46" E a distance of 142.10 feet to a point on the south line of Tract 2 of Certificate of Survey No. 1553; Thence along said line N 89.35'49" E a distance af 10.01 feet to the Point of Beginning. Said Tract being 0.033 Acres or 1,421 Square Feet. N 89.35'49" E~~Ojnt.Of 10.01' \ Beginning --U., . ~- ("::"',', 10' J '/." i 1_ -------I / .'.',.............. '/'///1 ':<:::::'., ~///I . I'~:"~----~-~- o ',/,/' 0 ~ I /,' J ,.-- ~ j":'</, ~ ,.-- 1/:"'/' ,.-- (,:':::<>, "'I I,,:,:::;::',::'::i W "i ," 3: / ,/ ",' l: /,/ ,/ . <0"/ l i.o -q- 1,/"/, -q- ~ /,::',:,,:, ~ ;..... r //./"'1 ~ o /::"<>, 0 z I ,,/ ,i I (f) t/ -I I.... ",/,/', ,. ..,' .' ::..:::..::::::r'~~~ 10' WIDE WATER 1/:"'/1 --- LINE EASEMENT W JL:':" 0 ~ g~ z. S 89.35' 49" ~ gl ~<II 10.01' S 15 wZ iii';:i' --' "- :La t- ::J'" ~~ I jE- "'~ ~3 LOT 1 MINOR SUBDI VISION No. 135 AREA EASEMENT AREA: OR 1,421 SQ. FT. 0.033 ACRES ~ 1 of ap,C\ ,553 \1' \,10. OS- C. SCALE: 1" == 30' t- Z . w g ~ '" <II ~ 15 ,- ~ 1':: w .J ;::: :::> LOT 2 MINOR SUBDIVISION No. 135 ~..,'/' ~ State of Montana lss 3 ~J ;-? 0 ;? 2 Coun~! of Gallatin; Filed_...__l1k-X__?L_.__.__ / 1999 at_.___.____2.:..1Z__.___........t.:._M., and RecNoeci ir: iK:o:(.J_21L_...~_ of _~_~~CELLANEO~S Page..llli. _~_~ 7V4na - By__. A~~~ty~.e~ --r Dcpuiy --._,- Fee $211.. 00 RT: CITY OF BOZEMAN 94.-646J.DWG DECEMBER 9, 1997