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Home My WebLink About97- Turner Water Pipeline Easement and Agreement , , r 1\ ,," '" 1',....,.' , 1 1931' f" r: C - . .' .' iJ '- iJ I ."....:.. I::.i~' L...~. 'fL' t80paef 2 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT DONALD A. TURNER, the GRANTOR, 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, (30) 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 on the attached Exhibits "A" and "B", 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 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 deems necessary. THE GRANTEE AGREES: Page 1 < . :. ffLM 180'. 3 (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 in vol ving 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(S). (5) The GRANTOR assumes all risk and agrees to indemnify and hold GRANTEE harmless 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 Page 2 . . .. . .. . '.. Improvements. fliil1 180fAC( 4 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. rJ DATED this I j e day of STATE OF MONTANA ) : ss. GALLATIN COUNTY ) On this II J-L day of &~19 q 7 ,before me, a Notary Publicforthe State of Montana personally appeared - _ /4--rn-e ~nown 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 fir above written. ACCEPTED: ,~,-\=l- crk OF BOZEMAN by its Mtil-l_t 1'\.bl=',,':_ rlPJ~ erk of the City Commission ST ATE OF MONT ANA) : ss. Gallatin County ) On this .;l,.;:;>. day of ~ ' 195.2-, 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 written above. -~~ Lh1:P NO ARY PUBLIC FOR THE STATE OF MONTANA Residing at ~ W'\ a....-f\..- My CommisslOn pIres L,~ ;L.1.t -'1~ ~," 't - ~..... ~.. If t fl,; ,."", 'f\..\\E ll.. """ " S->>-. A'I: .., , , " _,'_'>.:.en \ "'. .~, ,,' ~.. ..' '- \.\. ". ~. :' "l' /' ~\'"\. L ", -~ ;: ;r.. ~ "" ....V '. .. : : .:Q: ~.I.~ : ~ ~ :;. I.l.l " ~ ~ ~~. ,- ~ ~, v~, C .... 'r' ;< : Page 3 ..... 1\1 ," ",f'"-,I . ......... ..~ '",,'.. ''''; ..... oj. ~. ~, ,'" ~"JI t ti'\ \...... '" rUl ", 'Ii.,..*h....~t.."'.,'" ~ . . . . " .. EXHIBIT "A" fltM 180'ACE 5 A tract of land located in the northeast one-quarter of Section 6, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, described as follows: A 30.00 foot wide water pipeline and access easement, the centerline of which is described as follows: Commencing at southwest corner of Tract 17 of the Northeast Annexation to the City of Bozeman, thence North 00013'33" East, a distance of 15.00 feet to the Point of Beginning and centerline of said 30 foot easement; Thence North 88055' 33" East, parallel to the common boundary between Certificate of Survey No. 893 and Tract 17, a distance of 397.05 feet to a point on the right-of-way of the Burlington Northern Story Mill Spur and the end of said easement; The side lines of said easement being lengthened or shortened so as to begin on the west boundary of Tract 17 of the Northeast Annexation to the City of Bozeman and end on the right-of-way line of the Burlington Northern Story Mill Spur; Containing 11,911 square feet, more or less. H;\2259\002\FASFM EN'l'\f)'l'rn _EAS_ wpd Page 4 . . . ~ ~ E X H I BIT " B " ntM 180Fra 6 WA TER PIPELINE AND ACCESS EASEMENT A PORTION OF TRACT 17 OF THE NORTHEAST ANNEXATION TO THE CITY OF BOZEMAN IN THE NE1/4. SEC.6. T25. R6E. P,M.M, CITY OF BOZEMAN, GALLA TIN COUNTY, MONTANA. OWNER ENGINEER DONALD A. TURNER MORRISON MAIERLE, INC. 908 E. GRIFFIN OR. P.O.BOX 1113 BOZEMAN, MT 59715 BOZEMAN, MT 59718 GRAPHIC SCALE TR C T 1 0 .. ...5O ,... A ~_~ I NORTHEAST ANNEXATION ( IN FEET) I locb - 100 r~ I I BASIS OF BEARING I SUBDIVISION PLAT No. J-42 INDUSTRIAL PROPERTIES SUBDIVISION I WEST PROP. L1NE- TRACT A I BRG. SOO'13'33"W UI TRACT 17 I I ~ ~ NORTHEAST ANNEXATION ~t; TRACT A '" INDUSTRIAL PROPERTIES I SUBDIVISION I I WA TEA PIPELINE AND ... ACCESS EASMT ~ I P.O.B. ~ I _ __ 1-1-- 397.05' _ _ - - N 88'55'33' E ( / 384.60' / ~ PT. OF CaAENCaE; C.0.5. No. 893 10.232 AC 1 H: \2259\002\DONTURNR.DWG 3&8486 ~ THIS INSTRUMENT WAS FILED FOIl RECORD IN TIIIS OFFICE ON THE 24 DA Y OF DECEMBER , A.D., 19 97 orFICE OF COUNTY RECOIlDER ) --_.. COUNTY OF GALLATIN ) AT 10: 10 A 1\1., AND WAS DULY RECORDED IN BOOK ~.~_ STATE or 1\10NTANA ) or MISCELLANEOUS HECORI)S, PAGE _ 2 Fee $ 30.00 .sJ:d1.y <Vane. RECORDER. BY <1AM' ~(\oj Q",'1; DEPUTY RT: ROBIN SULLIVAN, CLERK OF THE COMMISSION CITY OF BOZEMAN, PO BOX 640 BOZEMAN, MT 59771