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Home My WebLink About87- Turner Easement 1987 , . . RECEIVED DEe 1 0 1997 f1L~ 180 PACE 7 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Robert A. Turner, Robert A. Haugland, and Dorothy Arlene Haugland, the GRANTOR(S), in consideration of One Dollar ($1.00) and other good and valuable con::;ideration, 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 casement 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 in 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 a::;signs 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 e"sement whi,-h may, in the opini0!1 of the GRANTEE, inte!-fere 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 Page 1 . . . ' rltN. 180 P~C{ 8 (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. THE GRANTEE AGREES: (1) That, in connection with the construction, operating patrollil:g, repairing, substituting, removing, enlarging, replacing, and maintaining of said water 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, 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) To lay, 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(S) 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 cons em: of the GRANTEE. (3) The GRANTOR(S) 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 Page 2 . ~ without any interruption by the GRANTOR(S). nU4 18tJfACf 9 (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 th~ 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. 1)4 A / rf DATED this f' day of /chtUH /'N . ';:to . ,'l.. ' /~~ /1>~,4~ GRANTOR STATE OF MONTANA ) : ss. GALLATIN COUNTY ) On this ~ day of I) Jl. ell( vv\, hl"r , 19 9 ], before me, a N orary Public in and for the State of Montana, personally appeared t O!;PLT 11. "Jl/j i::AJ6~ , 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. , ...{\ ~ II) ~~~i~~~'PUBL,C/~ '" ~ THEffATE OF MONTANA \.\.Mv~ommission expires ,C;("f.." ~\",.'/'....'o.~ ~ ".,~. .,t" ". ~. t. ,/ ~~E~,"\ ' 'S ."". · en;. .,',..~, ".-\~' . al\L! .t , 'V';", .~ /~,: '.}t . '.' ~ ' ~.O,~'.;rO'~~ . _C?~t-tl~ ANTOR STATE OF MONTANA ) : ss. GALLATIN COUNTY ) Page 3 . . . . .' My Commission expires l //) /"IO~ f" ("';-/--1 f " SEAL fILM 180m. 10 IJmAr a~*/~cC . GRANT STATE OF MONTANA ) : ss. GALLATIN COUNTY ) On this 1(' +\day of --\)e c e 1Y\ ~ C ( , 19 (I' ] , before me, a Notary Public in and for the State of Montana, personally appearecf\)r;H'-\ 11\[ nf\~'Y~C \\c '"'-( \(.71\(>( , known to me to be the person whose name is subscribed to within this mstrument add acknowledged to me that he did execute the same. ...JI+..y.ritness whereof, I have hereunto set my hand and affixed my official seal the day and )'~~~tl~~~..~ten. :' ~~. \ "'01':. ~:: ~ ..' .~ ',~ .~~ :. .- .' .:: /< \' -', '>1 '\\;k.^~) '; '~~ 1ffi4C FOR THE STATE OF MONTANA " e ' .. : '--.,. c xv c: " "\,Mt..qdnlIll-is.~i<)h':expi;es - ~ r- \ Y;' \ (\ (\ . '" ",. .. " - ,,',.,' , Al ,C' (;~. ',- SEAL' ACCEPTED: · ,:i --- < CIT16~;OZEMAN by its Ml\<<'l\bt:.~:'. ~Ty~ Clerk of the City Commission STATE OF MONT ANA ) : ss. Gallatin County ) On this ~d day of ~ Q ~ Q.........". ~.-V\ , 193.+ ' before me, the undersigned, a Notary Public for the State of omana, 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 thaL they executed the same for and on behalf of the City of Bozeman, rn witness whereof, I have hereunto set my hand and affixed my seal on the day and year first written above. NO AR Y PUBLIC FOR HE S ATE OF MONTANA Residing at ~ My Commission pires - J... ~ -'1 Y ,.,.,.... ",t." .... ~ E l "" "".. ~ "',, t,. ""'11'.. ....... 'Ci.. ;- , ,,6. ' ~~'. '\\. ". .. \ ~ . . . ~l .'....;, '-:. t:;' ~~ ~.,: .~ ;aJ;~ ~~ ifE Page 4 ~W'. :<= ~ Q '. S >- " l; ~ .. . ill' . ""'~ ,4",..~ . ~~.,. ,..~, ........ oil. " ~ ....' "'';'1 .... '. ,,.... ~<, ....\.. "'" "#.Tf ~"", I.'",.,;,,,,..H'''\'. . . . . .. ' .. . Exhibit "A" fll.. 180fAtf 11 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, more particularly described as follows: A 30.00 foot wide water pipeline and access easement, the centerline of which is described as follows: Commencing at a point on the Northeast corner of Tract A of the Industrial Properties Subdivision, being on the common boundary with Tract 10 of the Northeast Annexation to the City of Bozeman, thence South 88055'33" West, a distance of 15.00 feet to the true point of Beginning and centerline of said 30 foot easement, Thence South 00013'33" West parallel to the common boundary of Tract 17 of the Northeast Annexation to the City of Bozeman, a distance of 433.92 feet to the common boundary of said Tract A and Certificate of Survey No. 893, being the end of said easement. The side lines of said easement being lengthened or shortened so as to begin on the north boundary of Tract A of the Industrial Properties Subdivision and end upon the south boundary line of said Tract A; Containing 13,014 square feet, more or less. I r,\22S9\002\EASEMENT\ W A'J'ERA_EAS Page 5 . . , ...... .. " " " E X H I BIT B fiLM 180fA(( 12 WA TER PIPELINE AND ACCESS EASEMENT A TRACT OF LAND BEING A PORTION OF TRACT A, INDUSTRIAL PROPERTIES SUBDIVISION IN THE NE1/4, 5EC.6. T25. R6E, P.M,M. CITY OF BOZEMAN, GALLATIN COUNTY. MONTANA. OWNER OWNER ENGINEER Robert A. Turner Robert A. Hougland MORRISON MAIERLE, INC. P.O. BOX 9181 Dorothy Arlene Hougland P.O.BOX 1113 HELENA, MT. 59620 4700 BIGGS-HAUGLAND DR. BOlEMAN, MT 59718 BELGRADE. MT 59714 GRAPHIC SCALE TRACT 10 .. ..... ... 500'55'033" VI ~~ I NORTHEAST ANNEXATION 15.00' (IN rEET I 1 locb - tOO rL P.O.B. PT. OF COMMENCEMENT WATER PIPELINE AND BASIS OF BEARING ACCESS EASM'T SUBDIVISION PLAT No. J-42 INDUSTRIAL PROPERTIES SUBDIVISION I WEST PROP. lINE- TRACT A I @ BRG, SOO'13'33"W "l. '" TRACT 17 II~.~ NORTHEAST ANNEXATION TRACT A :E INDUSTRIAL PROPERTIES I SUBDIVISION I I I i!;1 I ~W~ -tv Ll " M"'~. , / '.i o38UO / "s. C.O.S, No. 893 10.232 AC H: \2259\002\ TRNRHAUG.DWG Page 6 / J 358487 'Ita" ot MeIIt.. County of Salfatfn. SS Flied for rtOOrd DECEMBER 24 .1'~ at 10: 11 A M., and recorded in Book , flO of MISCELLANEOUS page 7 .;$t.lLllltl/ Qlancc Recordar. Iyq-,v-..~~tl\V'\ ()OJ ~ 11 Q ( Deputy FEE: $36.00 RT: ROBIN SULLIVAN, CLERK OF THE COMMISSION CITY OF BOZEMAN, PO BOX 640 BOZEMAN, MT