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HomeMy WebLinkAbout19- Water Pipeline and Access Easement and Agreement - Bozeman Health - Bozeman Health ICU Site Plan Project Return toe City of Bozeman City Clerk PO Box 1230 PLATE® V 2643898 Page: 1 of 8 05/03/2019 02:37:34 PM Fee: $56.00 Eric Semerad - Gallatin County, MT MISC IIIIII IN 111111111111111111,,,���� WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Bozeman Health , the GRANTOR in consideration of $10.00 and other good and valuable consideration, receipt of which is acknowledged, grant to the City of Bozeman , 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 transmitting water in, through, and across a strip of land situated in Gallatin County, Montana, to be located on the following described real property: Parcels of ground in the SWl/4, Section 8, NW1/4, Section 17, and the SE1/4, Section 18, Township 2 South, Range 6 East, P.M.,M. The easement is more particularly described on the attached Exhibits A, B, and C 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 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 easement which may, in the opinion of the GRANTEE, interfere or threaten to interfere with or be hazardous to the construction, operation and maintenance 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: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water pipeline(s), 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. 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 consent of the GRANTEE. (3) That where the subject improvements are not located under improved public or private streets or other provided access, a 12 foot wide all-weather access road may be constructed within the easement where at the City's discretion such access is required for operation and maintenance purposes. (4) The GRANTOR(S)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. (5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). 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. DATED this N day of , 20 . n I NgakLunl GRANTOR CORPORATE STATE OF MONTANA ) ss. County of Gallatin ) On this day of ytka rl I , before me the undersigned, a Notary Public for the State of Montana, ,rs�o^nally appeared, 1►-tvkVbW't (_ LN , known to me to be the �,i Jqy, obrb Dp lur of zemq l k�Ai and the person whose name is subscribe to the within strument and acknowledged to me that he executed the within instrument for and on behalf of pLG y) IN WICHMC t my hand and affixed my Notarial Seal the day and year fir t`� �I�I�; Vxitt�MTARY PUBLIC for the _*NOTARIAL Stap of Montana SEAL *� esiding at Bozeman, Montana (SEAL) ����,`�0F'MOP�� My Commission Expires February 11, 2021 Notary Pub c for the State of Montana lXuxU 1 wrn (Printed Name Residing in 0 ze-rrol) My Commission Expires a /___B /20'a t ACCEPTED: Y O B N '' t a O� BOZ J • • ' '•� ',. City Manager ATTES �'�;•• `'' •• City Clerk '• '=-; 'a3 ` � STATE OF MONTANA ) �L`9T11V CO• 0 `, ss. ,. County of Gallatin ) On this day of , before me, a Notary Public for the State of Montana,personally appeared ANDREA SURRATT and ROBIN CROUGH, known to me to be the City Manager and City Clerk 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 above written. (SEAL) "° BRENDA SWEENEY .., a 9"•s wF , Q�. 1 . Notary Public >m,aoTAR1.1F for the State of Montana Residing at: u�.SEAL, IT Bozeman, Montana Notary Public for the State of ontana My Commission Expires: December 02,2022 (Printede Residing at Boz , Montana My Commission Expi / /20 EXHIBIT A EASEMENT- DESCRIPTION That portion of a water line easement located on a portion of Tract 1 of Certificate of Survey 2047, Document No. 367348, in the Office of the Gallatin County Clerk and Recorder, and a portion of Tract 3A of Minor Subdivision No. 162C, recorded as Document No. 2223820, all located in the northwest quarter of Section 17 and the northeast quarter of Section 18, Township 2 South, Range 6 East, Principal Meridian, Montana, County of Gallatin, State of Montana, being more particularly described as follows: Considering the Basis of Bearings to be Geodetic North at Lat.45°40'07.84", Long. 111'01'10.01 NAD_83(CORS 96)(Epoch 2002.00): Commencing at the quarter corner common to said Sections 17 and 18, thence NO°01'21"W, a distance of 973.11 feet to the Point of Beginning; thence S77°08'30"E, 74.76 feet; thence N12°51'30"E, 30.00 feet; thence N77008'30"W, 74.76 feet to the beginning of a non-tangent curve to the right, said curve having a radius of 587.26 feet and a chord that bears N35°20'31"E, 421.30 feet; thence along said curve, 430.90 feet; thence N56021'44"E, 635.35 feet; thence S33°38'16"E, 75.00 feet; thence N56°21'44"E, 30.00 feet; thence N33038'16"W, 75.00 feet; thence N56°21'44"E, 35.05 feet to a point of curvature; thence along a 688.50 foot radius curve to the left, through a central angle of 42'11'15", an arc distance of 506.95 feet; thence S77°04'25"E, 75.00 feet; thence N12°55'35"E, 30.00 feet; thence N77°04'25"W, 212.88 feet; thence N12°55'35"E, 30.00 feet; thence N77°04'25"W, 30.00 feet; thence S12°55'35"W, 28.07 feet; thence N87°53'38"W, 95.56 feet; thence N42°53'38"W, 39.07 feet; thence N47°06'22"E, 12.30 feet; thence N42°53'38"W, 30.00 feet; thence S47°06'22"W, 42.30 feet; thence S42053'38"E, 81.50 feet; thence S87°53'38"E, 94.87 feet; thence S77°04'25"E, 145.13 feet to the beginning of a non-tangent curve to the right, said curve having a radius of 658.51 feet and a chord that bears S35°17'52"W, 473.37 feet; thence S56°21'44"W, 35.05 feet; thence N33°38'16"W, 283.81 feet; thence N85°04'43"W, 57.06 feet; thence N33°48'11"W, 148.32 feet; thence N57°34'00"W, 101.91 feet; thence N33°38'16"W, 15.82 feet; thence N56°21'44"E, 60.00 feet; thence N33°38'16"W, 35.00 feet; thence S56021'44"W, 60.00 feet; thence N33°38'16"W, 49.00 feet; thence N56021'44"E, 45.00 feet; thence N33038'16"W, 30.00 feet; thence S56021'44"W, 45.00 feet; thence N33038'16"W, 90.00 feet; thence N56021'44"E, 230.00 feet; thence N33°38'16"W, 30.00 feet; thence S56°21'44"W, 290.00 feet; thence S33038'16"E, 20.00 feet; thence S56°21'44"W, 305.57 feet; thence S11 040'58"W, 598.24 feet; thence S7°17'17"W, 321.20 feet; thence S82°42'43"E, 30.00 feet; thence N7°17'17"E, 320.06 feet; thence N11°40'58"E, 584.75 feet; thence N56°21'44"E, 293.24 feet; thence S33038'16"E, 138.57 feet; thence S57°34'00"E, 175.93 feet; thence S33°48'11"E, 156.41 feet; thence S85°04'43"E, 57.00 feet; thence S33°38'16"E, 89.35 feet; thence S56021'44"W, 55.00 feet; thence S33038'16"E, 30.00 feet; thence N56021'44"E, 55.00 feet; thence S33°38'16"E, 150.00 feet; thence S56°21'44"W, 424.00 feet; thence N33038'16"W, 27.00 feet; thence S56021'44"W, 30.00 feet; thence S33°38'16"E, 27.00 feet; thence S56°21'44"W, 181.35 feet to a point of curvature; thence along a 617.26 foot radius curve to the left, through a central angle of 42038'21", an arc distance of 459.36 feet; thence S76015'42"W, 159.87 feet; thence S13°44'18"E, 30.00 feet; thence N76015'42"E, 145.29 feiet;;thence N85057'21"E, 31.07 feet to the Point of Beginning. Containing 3.537 acres. �N' r GEOR Drawn By CDK J , ` • - 1;L�1 WATER LINE EASEMENT/;// Checked By QSB W Date 01/18/2019 GRANTOR: BOZEMAN HEALTH REF sHEET# CTA# BH17 ICUTWR LIVINGSTON,MT (406)222-0104 GRANTEE: CITY OF BOZEMAN SHEET# Cad File: 130ZHEALTHV003 Fax(406)222-1007 1 OF 1 EXHIBIT B �90 o Co L38 5y6 L18 L14 m L34 9 y� os ;! L30 m 3�y ,0."' BOZENIAN �,'� L16 � it a� DEACONESS L17 L15 L13^ L31 HOSPITAL !20 �r L11 L27 ��6 L28 L21 L22 L9 s� !a L24.y rn � 143 o L 4 ��y / L23 00 a C0 z i L49 �2A s v6 v oA �9 Na; L51 O�yo 63y3y�1 n, N 2 �� � z EASEMENT AREA L39I G9 \\�,\11;11II,:II/1/r \\ r s-f- 1 C \\ O r� I f f Z GFOR e S. L53 L4 t , 60RNE:littkNN crn \-55 L56CV)J ' No. 1 8111`LS P L2 © . w -' POINT OF BEGINNING 0 125 250 500 18 17. POINT OF 6� COMMENCEMENT SCALE: 1" = 250' Drawn By CDK EXHIBIT T Checked By GSBF WATER LINE EASEMENT LK Date 01/18/2019 GRANTOR: BOZEMAN HEALTH REF SHEET# CTA# BH17 ICUTWR LIVINGSTON,MT GRANTEE: CITY OF BOZEMAN SHEET# (406)222-0104 Cad File: BOZHEALTHV003 Fax(406)222-1007 1 OF 2 EXHIBIT B Easement Curve Table .q , Curve# Length Radius Delta Chord Direction Chord Length G`F(1 ••• r C1 430.90' 587.26' 042°02'26" N35°20'31"E 421.30' • BU�is'" /i'a Liy C2 506.95' 688.50' 042°11'15" N35°16'06"E 495.58' C3 484.21' 658.51' 042°07'49" S35°17'52"W 473.37' uS� C4 459.36' 617.26' 042°38'21" S35°02'33"W 448.83' Easement Line Table Easement Line Table Easement Line Table Line# Bearing Distance Line# Bearing Distance Line# Bearing Distance L1 N00°01'21"W 973.11' L20 S42°53'38"E 81.50' L39 S82°42'43"E 30.00' L2 S77°08'30"E 74.76' L21 S87°53'38"E 94.87' L40 S33°38'16"E 138.57' L3 N12°51'30"E 30.00' L22 S77°04'25"E 145.13' L41 S57°34'00"E 175.93' L4 N77°08'30"W 74.76' L23 S56°21'44"W 35.05' L42 S33°48'11"E 156.41' L5 333°38'16"E 75.00' L24 N85°04'43"W 57.06' L43 S85°04'43"E 57.00' L6 N56°21'44"E 30.00' L25 N33°48'11"W 148.32' L44 S33°38'16"E 89.35' L7 N33°38'16"W 75.00' L26 N57°34'00"W 101.91, L45 S56°21'44"W 55.00' L8 N56°21'44"E 35.05' L27 N33°38'16"W 15.82' L46 S33°38'16"E 30.00' L9 S77°04'25"E 75.00' L28 N56°21'44"E 60.00' L47 N56°21'44"E 55.00' L10 N12°55'35"E 30.00' L29 N33°38'16"W 35.00' L48 S33°38'16"E 150.00' L11 N77°04'25"W 212.88' L30 S56°21'44"W 60.00' L49 N33°38'16"W 27.00' L12 N12°55'35"E 30.00' L31 N33°38'16"W 49.00' L50 S56°21'44"W 30.00' L13 N77°04'25"W 30.00' L32 N56°21'44"E 45.00' L51 S33°38'16"E 27.00' L14 S12°55'35"W 28.07' L33 N33°38'16"W 30.00' L52 S56°21'44"W 181.35' L15 N87°53'38"W 95.56' L34 S56°21'44"W 45.00' L53 S76°15'42"W 159.87' L16 N42°53'38"W 39.07' L35 N33°38'16"W 90.00' L54 S13°44'18"E 30.00' L17 N47°06'22"E 12.30' L36 N56°21'44"E 230.00, L55 N76°15'42"E 145.29' L18 N42°53'38"W 30.00' L37 N33°38'16"W 30.00' L56 N85°57'21"E 31.07' L19 S47°06'22"W 42.30' L38 S33°38'16"E 20.00' Drawn By CDK EXHIBIT T Checked By GSBr WATER LINE EASEMENT LKDate 01/18/20194 GRANTOR: BOZEMAN HEALTH REF SHEET# CTA# BH17 ICUTWR LIVINGSTON,Mr(406)222-0104 GRANTEE: CITY OF BOZEMAN SHEET# Cad File: BOZHEALTHV003 Fax(406)222-1007 2 OF 2