HomeMy WebLinkAbout05- City of Bozeman Water Pipe Line
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City of Bozeman
Water Pipe Line Construction Agreement
This agreement is datcd the 22nd day of February , 2005, by and
betwccn thc Nickelson Family Revocable Living Trust, of 10300 Hyalite Canyon Road,
Bozeman, MT 59715 (Grantors), their successors and assigns, and the City of Bozeman,
a municipal corporation of the State of Montana, with offices at 411 East Main Street,
Bozeman, MT 59715 (Grantee), its successors and assigns.
WHEREAS, the Nickelson Family Revocable Living Trust, has fee simple title to that
parcel described by deed and recorded on Film 174 Page 2770, (Property)as filed with the
Gallatin County Clerk and Recorder; and
WHEREAS, the City of Bozeman (Grantee), in or about the year 1957, did construct a
water pipe line within the existing easement granted to the City on August 6, 1957 and
recorded in Misc. Book 17 Page 427, as filed with the Gallatin County Clerk and
Recorder; and
WHEREAS, the City of Bozeman (Grantee), now desires to construct a new water pipe
line within said easement and obtain a temporary construction easement for said new
water pipe line across the aforementioned Property under the terms and conditions herein.
WINESSETH:
In consideration of the payments herein set forth and the specific agreements to be
performed by both parties hereto and written into this agreement, the parties hereto bind
themselves to the terms and conditions set forth herein. No verbal agreements shall be
binding on either party and this agreement shall become effective upon execution by a
designated representative of the Grantee, the City of Bozeman.
THE GRANTORS AGREES:
1. The Grantors will allow the Grantee, through its contractor, to utilize a strip of
land 20 feet wide, as a temporary construction easement, for stock piling material
and operating equipment. Said temporary easement will terminate upon the
completion of all work related to thc construction of the new watcr pipc linc and
the restoration of the area to the standards noted below. Said strip being described
as follows:
A temporary easement for construction purposes over a strip of land 20 feet
wide, lying within the land of the Grantors, the east line of which is the west
line of that eascmcnt recorded in Misc. Book 17 Page 427, as filed with the
Gallatin County Clerk and Recorded, said west line being parallel to and
wcsterly 15 feet distant, when measured at right angles, from the centerline of
said existing water pipc line, as now constructed.
THE GRANTEE AGREES:
1. The Grantee, through its contractor, will provide the following restoration during
construction:
A. Remove and reinstall fence at approximate Station 22+80.
B. Reconstruct ditch at approximate Station 22+90.
C. Reconstruct ditch at approximate Station 24+30
D. Remove and dispose of fence across the width ofthc eascment at crossings
at approximate Station 27+30, 29+50 and 31 +50.
E. Rcmovc and reinstall fence west of pipe line alignment from approximate
Station 27+30 to Station 32+00. If driveway gate post or gate is damagcd
as a result of construction it shall be replaced.
F. Repair asphalt access road at approximatc Station 31 + 30.
G. Remove and reinstall fencc at approximate Station 34+50.
H. Removc and replace topsoil and remove all trash and stones exceeding 3
inchcs in dian1eter from area to a depth of 2 inches.
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L Return areas noted in Items abovc to existing conditions and gradcs
including removing and replacing topsoil and re-vegctatc using a nativc
seed mix.
2. The Grantee, through its contractor, will provide a one year warranty on all
aforementioned work on the project.
Thc signatures below signify the acceptance of the conditions listed above and
recognition that these conditions represent the full amount of requircments for the
Grantor's property. The work will be performed by the Grantee, through a contractor
selected through a competitive bidding process.
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GRANTOR
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GRANTOR '
STATE OF MONTANA )
) ss.
County of Gallatin )
On thisc:;je) day of , 2005, before me the undersigned, a
Notary Public for the State of ontana, pcrs lally appeared, Robert L. Nickclson and
Mollie M. Nickelson , known to me to be the Trustees of the Nickelson
Family Revocable Living Trust and the persons whosc name is subscribed to thc within
instrument and acknowledged to me that he executed the within instrument for and on
behalf of -rs....N..c;~/~. h-.J:, f{'..,dtAlrl.. (...\ Vl~ J r,.v, r.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
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(SEAL),.
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No ary Public for the State of Montana ~.' i, ';~.,:'
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L l ~lnlY\. / .1<i:3()"II ,ii'"''
(Printed N arne)
Residing at ~CJze VY"C1Y\ .0L7
My Commission Expircs L l ! L-'\.3 !2~
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CITY OF BOZEMAN
ATTEST:
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Clerk of the City Commission
ST A TE OF MONT ANA )
ss.
County of Gallatin )
On this 1.Vrtolday of(-l0 V1A.tLt.-~/" , 2005, before me, a Notary Public
for the State of Montana, personally appea d CHRIS KUKULSKT and ROBIN L.
SULLTV AN, 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 samc 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 ycar first above written. \tUltli1.t.. ~~l ~
(SEAL)
Notary Public fo the Statc of Montana
HI? (J!. ~1 e b ((L,V1 i' () ~Je/v
(Printed Name)
Residing at Bozeman, Montana
My Commission Expircs: ~/ -2(;- /20 0')
H:\0417\040.01 \DOCS\EASEMENTS\Nickelson\Nickelson construction agreement revised 2.doe