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Home My WebLink About85- Valley View Golf Club Water Easement, 1985 ~t. City of Bozeman 141 ..../ at! fILM 8S fAGE 2049 '~}5 ,Or) .~ July 3 85 i, State of Mont., County of Ga'~atin. ss Filed for record !'1ISCELLAHEOUS '2~q at ? '00 PM., and recorded in Sook "~.__.~.~~_of_ page~ . ~y, ~. ~~ Record~r. By WATER PIPELINE EASEMENT AND A(;\ VALLEY VIEW GOLF CLUB, a Montana corporation of 302 East Kagy Boulevard, Bozeman, Montana 59715, GRANTOR, in considera- tion of Ten Dollars ($10.00) 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 Street, Bozeman, Montana 59771-0640, GRANTEE, its 30-foot 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, to be located on the following described real property: A tract of land in the Southwest quarter and the Southeast quarter, Section 19, Township 2 South, Range 6 East, Principal Meridian Montana, Gallatin Count.y, Montana. The centerline is more particularly described on the attached Exhibits 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 agent.s 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 t.he 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 or otherwise control any trees and brush inside the boundaries of the easement, after notification of the owner, 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; - f1U4 88 fAGE20 SO , , -2- The GRANTEE agrees that: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, en- larging, replacing and maintaining of said water pipe- line, it will repair or replace in an expeditious manner, at its sole expense, or pay to GRANTOR the reasonable value of any damages to growing crops, existing fences, road s , ditches, tee boxes, greens, fairways and other appurtenances of said land that may be disturbed by its operation. (2 ) That, during operations involving excavation, it will remove the top soil from the trenched area to a depth of one foot, or to the full depth of the top soil, whichever is less, and stock pile 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 excava- tion 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, (4 ) Extend sanitary sewer and water service stubs for a new pro shop to be constructed adjacent to Kagy Boulevard, with its location approximated on Attachment C, and is ~-- -3- fiLM 88 PAGE 2051 . . east of the existing Valley View Golf Club buildings. The cost for the service stubs to the proposed pro shop shall be borne by the GRANTEE. The GRANTOR agrees that: (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) The GRANTOR warrants 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. (3) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted wi.thout any interruption by the GRANTOR. The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs, execu- tors, administrators, personal representatives, successors and assigns of the parties hereto. DATED this lilT/( day of 4//uf , 1985. ~ ~ II ."", .... I_I" ,), -.. ~...... (' 0# ._"11- " i. . ' tr.1< ...., .' I c-;J ^ ,. "'.. _ .. " ,v ~.. ~ ~ J - '" BY: Its: CITY OF BOZEMAN By: ~ ~.~~~ Its; City Manager ATTEST: 6i}J~ it, 1. :!;l,~ . Clerk 0 the Commission . , -4- . , flL'" 8SrAGE2052 . State of Montana ) : ss County of Gallatin ) On this 17th day of June , 1985, before me, a Notary Public for the State of Montana, personally appeared JAMES E. WYSOCKI and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS ~~EREOF, I hdve hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written. " ~~.-.-J {J, ~ \0../ ~ ;.. I ,,"'1.'1,., , . I I. .1..., t. ."',J Notary Public for the State . .' .."\..... ,..., ".:.'IJ:.,\"~~ , \" ,f I " ~ of Montana jr. l ." .' ' , . ....'~ A '11"1' ':. ,,'" :: - . ~ Residing at Bozeman, Montana ,_. ~"(' y ;:: , , ~'J.tL. - My Commission Expires: 4-30-88 _ '., _1._' Ll .: t ~.'" .:.\ .".. .".... ...;... , ~.. .~. ...... ...::.~ ....~... 1>-:;' ..t1...... ~,. , "" ': f'J ~"\. ,," ,- ,P ~q~, ", "f',~ / f', t, ~ ~, ,,\' \ \,' . filM 88fAGE2053 '. . ' . EXHIBIT "A" Valley view Natermain Easement City of Bozeman An ease'Tlent for a watermain located in the southwest quarter, Section 19, Township 2 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, sa in. easement is located 15 feet each side of the following described center line: Beginning at the center of said Section 19; thence south 000 16' 19" west along the north-south quarter line, a distance of 42.82 feet; thence south 890 53' 48" east, 15 feet northerly of, and parallel to, the south boundary of Certificate of Survey No. 803, a distance of 900.00 feet to the true point of beginning; thence north 890 53' 48" west a distance of 900.00 feet; thence south 450 00' 00" west a distance of 78.88 feet; thence north 890 53' 48" west, 15 feet northerly and 9arallel to the southerly boundary of Certificate of Survey No, 803, a distance OF 328.81 feet; thence north 430 23' 10" west, a distance of 161.10 feet to the terminus. , .. . I-I - 88PAGE2054 . f\U~ . . 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