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HomeMy WebLinkAbout18- Irrigation Pipeline Easement - Simgraf Corporation, Anderson Estate & Baxter Ranch Holdings, Coks, Tatarkas, Kingmas, Petersons, Moylans, and Harrington Properties - Maynard Border Easement PLATTED Return to: 2645364 City of Bozeman-City Clerk P.O. BOX 1230 Eric Semeradfi- Gallatin2Coun0Y,2MT09 PM FeeMISc12.00 Bozeman, MT 59771-1230 11111111111111 III 111111111 IIIIIII 111111 CITY OF BOZEMAN IRRIGATION PIPELINE EASEMENT The Grantor, The City of Bozeman, Montana, a Municipal Corporation of the State of Montana, of P.O. Box 1230, Bozeman Montana 59771-1230, for and in consideration of Ten and No/100- Dollars, and other valuable consideration, in hand paid, conveys and warrants to the Grantees, Delbert and Dena Richter, of 2950 Harper Puckett Road, Bozeman, MT 59718, Simgraf Corporation, of 326 N. Broadway, Bozeman, MT 59771, The Estate of Vesta Fern Anderson & Baxter Ranch Holdings, LTD, of P.O. Box 3253, Billings, MT 59103-3253, Michael Cok and Kathleen R. Cok, of 3300 Harper Puckett Road, Bozeman, MT 59718, William and Margaret Tatarka, of 19 Lake Road, Bozeman, MT 59715, Thomas and Judy Kingma, of 3490 Harper Puckett Road, Bozeman, MT 59718, Harrington Properties of Bozeman, LLC, of 2196 Harper Puckett Road, Bozeman, MT 59718, Paul and Diane Peterson, of P.O. Box 373, Bozeman, MT 59771-0373, Dennis and Jean Moylan, of 1455 Hidden Valley Road, Bozeman, MT 59718, its successors or assignees, a perpetual irrigation pipeline easement (hereinafter referred to as "Easement") in, over, under, along, through, and across the following-described real property located in Gallatin County, Montana: Tract 1A1A of Certificate of Survey No. 2554C, located in the NW%of Section 3, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Said Easement is shown on the attached Exhibit and is more particularly described as: Beginning at the south point of the irrigation pipeline alignment herein described,from which point the CW 1/16th corner [COR. REC. 2-1620] in Section 3, T2S, R5E, P.M.M., bears S 89' 49' 04" E, 126.33 feet, said point of beginning; Thence, from said point of beginning, N 00' 09' 03"W, 72.23 feet; Thence, N 270 36' 11" E, 152.19 feet; Thence, N 001 56'47" E, 96.39 feet; Thence, 00' 00' 02" E,91.00 feet; Thence, N 00' 19' 37" W, 63.56 feet; Thence, N 01' 07' 19" W, 425.71 feet; Thence, N 080 59' 14" E, 98.47 feet; Thence, N 08' 59' 14" E, 48.59 feet; Thence, N 01' 13' 09" E, 842.43 feet; Thence, N 000 18' 07" W, 307.66 feet; Thence, N 40' 48' 21"W, 259.72 feet; Thence, N 01' 10' 54" E, 204.16 feet; Thence, S 89' 52'23"W, 347.36 feet; The Easement shall be twenty (20) feet in width, consisting of ten (10) feet on each side of the irrigation pipeline alignment depicted on Exhibit A. The Easement is perpetual and nonexclusive, and is granted for the purpose and use of conveying irrigation water across Grantor's property by a buried irrigation pipeline and is further for the purpose and use of operating, repairing, maintaining, improving and replacing said irrigation pipeline. The Easement is not granted for any other purpose or use than that specified herein. 1 _Page Grantor agrees that any encroachment into the Easement will be limited to road and utility crossings for the provision of access and utilities to Grantor's property and on-site sidewalk and asphalt parking/driveways for Grantor's property. No other structures or trees may be placed within the Easement. Grantor further agrees that should Grantor's property improvements need to be removed to repair, maintain, improve or replace said irrigation pipeline, the Grantor shall be responsible for replacement of Grantor's improvements once the irrigation pipeline work is completed. Grantor further agrees it shall not grant an easement to any third party allowing for the installation of utilities to be located parallel to the irrigation pipeline located in the Easement. Grantees further agree to protect the Grantor and save it harmless from all claims, actions or damages of every kind which may accrue to, or be suffered by, any person or persons, by reason of Grantee's performance of such maintenance work or occupancy of the Easement. Should the Grantees discontinue use of the irrigation pipeline thereby abandoning the irrigation pipeline, the Easement shall terminate within one year of such abandonment, and the Grantees and their successors, heirs, and assigns agree to voluntarily execute and record any documents necessary to extinguish and terminate this Easement. The Grantor, further excepting and reserving unto themselves, their heirs, successors and assigns, the right to use of this Easement, including the ditches, irrigation pipeline, existing or as relocated, to convey irrigation water including but not limited to, water stock or shares, bonds, certificates, contracts and any and all other indicia of water, water right and ditch ownership, or any interest therein appurtenant to the land described herein owned by the Grantor. The Grantees hereby release and reconvey to the Grantor any and all right, title, easements, or interest that the Grantees may have in said Tract 1A1A for that certain Original Maynard Pipeline crossing Grantor's property as shown on the attached Exhibit A. signature pages to follow 2 Page ACKNOWLEDGMENT OF GRANTOR CITY OF BOZEMAN By:AnregLuraft City Manager ATTEST: o�$0 2 J By: Ro in Crough l , City Clerk J -��L♦• . . . . � do - ` STATE OF MONTANA ) )ss. County of Gallatin ) The foregoing instrument was acknowledged before me this 3 day of 2011? by 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 this 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 official seal this day and year above written. sry'"',, BRENDA SWEENEYu Notary Public Notary Public in and for the State o 'm3.:'NOTARiA4*-0 k for the State of Montana My Commission Expires: :Z SEAL. * Residing at: sA 3 Bozeman, Montana F �'r` My Commission Expires: December 02,2022 3 Page ACKNOWLEDGMENT OF GRANTEES Date: S/O_7`0 9 Dena Richter STATE OF ) ss. County of ) Subscribed and sworn to before me this /D' day of 20Zq by the Grantee, Dene Richter. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. FN�MR� D7nn YTONblic:for t Montana Notary Public for the State of Mont na at: My Commission Expires: Boontana My Expires:Jy , 2020 q Date: Delbert Richt STATE OF �� ) ss. County of ) Subscribed and sworn to before me this� ay of 204_, by the Grantee, Delbert Richter. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. M gay' DENIA M .• T; LAYTON °" No*.a PuM uIIG o a lic for the State of Mo ana _ N°T^R1q4•?:for the State of Montana My Commission Expires: =;N- SEA1,.'� Bozeman, at: Montana OF oP M Y Commission Expires: January 04, 2020 4 Page ACKNOWLEDGMENT OF GRANTEES (cont.) Date: s/ q Name: William Simkins Title: President STATE OF Montana ) . ss. County of Gallatin ) Subscribed and sworn to before me this/74ttay of 20 , by the Grantee,William Simkins, the President of Simgraf Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. <> DENIA M LAYTON01 Notary Public 4Notarvyublic f�theState of Mon na o.NOTnR�q�?_for the State of Montana My Commission Expires: Residing at: ,r Bozeman, Montana 9 ? My Commission Expires: OF N10 January 04, 2020 Date: Name: Title: STATE OF ) ss. County of ) Subscribed and sworn to before me this day of , 20 , by the Grantee, , the of the Estate of Vesta Fern. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. Notary Public for the State of Montana My Commission Expires: 5 1 Page ACKNOWLEDGMENT OF GRANTEES(cont.) Dated: Name: Title: STATE OF ) ss County of _) Subscribed and sworn to before me on this day of 20_, by the Grantee, ,the of Simgraf Corporation_ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. Notary Public in and for the State of My Commission Expires: 41�a -Alp O Dated l u Name- Title: STATE OF I' l County of ss Subscribed and sworn to before me on this le day of 20 1✓by the Grantee, S� ►l�Q t'-ATyt .I- un--,the�?A.Sa-al, I .— of the Estate of Vesta Fern Anderson. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. ANNIE YOSPER PARKER 'o PER NOTARY PUBLIC for the State of Montana SEAL Residing at Livingston,Montana oKMoN��r� My Commission Expires Publi in a d for the St e o August 07,2022 My Commission Expires: ZtOvz _ ........ ...� .__......_.__.,_..._._.....__._. _.__ . �...__....,..._..___._..._........ 5 Page ACKNOWLEDGMENT OF GRANTEES(cont.) Dated:. Name: Title: STATE OF } }County o ) ss Subscrib d sworn to before me on t 's day of 20 by the Grantee, ,the AM of the Baxter Ranch Holdings, LTD. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. COLLEEN MARIE PRIIMM NOfaryPublic,StcfeofT®xae �.• >I Comm.E*ms 08-16-2020 — �'•••'' Notary ID 1307850 -2 Noicary Public in and forthe State o My Commission Expires: Dated: Michael Cok STATE OF ) ss County of ) Subscribed and sworn to before me on this day of 20_, by the Grantee, Michael Cok. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. Notary Public in and for the State of My Commission Expires: 6 Page ACKNOWLEDGMENT OF GRANTEES(cont.) Dated: Name: Title: STATE OF ) ss County of ) Subscribed and sworn to before me on this day of 20_, by the Grantee, ,the of the Baxter Ranch Holdings, LTD. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. Notary Public in and for the State of My Commission Expires: k 9 1 / 4, 7— Dated: Michael Co , )4 STATE O ).SS County Subscribed and sworn to before me on this ay of , 2tVby the Grantee, Michael Cok. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. DENIA M LAYTON °��ir�\PM•�YTO� Notary Public o. 2, ry 4Not Public in and orthe to of NoTARiq�• _for the State of Montana My Commission Expires: *_ Residing at: o- SEAL.=� Bozeman, Montana 0"'Z�N?> My Commission Expires: January 04, 2020 6 Page ACKNOWLEDGMENT OF GRANTEES (cont.) g Kathleen R. Cok STATE OF ss County o jwgw�l)Subscribed and sworn to before me on this/A*ay of 20`[, the Grantee, Kathleen R. Cok. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. "'p,M LA DENIA M LAYTON Notary Public o.NoTAaiq�?;for the State of Montana Notary Public in and forth State of N.SF,AII *= Residing at: My Commission Expires: 9 c�;. Bozeman, Montana My Commission Expires: i January 04, 2020 Dated: wMi Im Tatarka STATE OF � ss County o R.CG� Subscribed and sworn to before me on this/ ay of 2dt-by the Grantee, William Tatarka. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. �P M Lq DENIA M LAYTON �`' ' To': Notary Public Notary Public in and forthe Stat of �•'N0TAR�y�?=for the State of Montana MyCOmmission Expires: Residing at: SFAL.*T- Bozeman, Montana L9�OF MOe My Commission Expires: January 04, 2020 7 Page ACKNOWLEDGMENT OF GRANTEES(cont.) Dated: Margaret tarka CT STATE OF -) ss County of Subscribed and sworn to before me on this V-4y of 20Z,Wy the Grantee, Margaret Tatarka. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. DENIA M LAYTON k . 01 Notary Public �oTnRiq�?;for the State of Montana *_ Residing at: 'Al -T- Bozeman, Montana Not ry ublic in and for the tate of My Commission Expires: My Commission Expires: January 04,2020 Dated: Thomas Kingma STATE OF ) ss County of ) Subscribed and sworn to before me on this day of 20_, by the Grantee, Thomas Kingma. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. Notary Public in and for the State of My Commission Expires: 8 1 P a g e ACKNOWLEDGMENT OF GRANTEES(cont.) Dated: —`S' Marg t tarka STATE OF ss County of Subscribed and sworn to before me his of 20Z,Ky the Grantee, Margaret Tatarka. IN WITNESS WHEREOF, I have eunto set my d and affixed my official seal this day and year above written. M err; DENIA I 4 ON O , N ry Public TARIq�?:fort tate of Montana _ Residing at: ` ;N,.SEAL: _ Bozeman, Montana Not ry ublic in and for the to of My Commission Expires: My Commission Expires: January 04,2020 �— Dated: 3 / Thomas Kingma STATE OF ss County of (cA Subscribed and sworn to before me on this S day of 20LI by the Grantee, Thomas Kingma. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. N WES MCCRIMMO � MccRiM°,, t!'o Notary Public . L' a 3 pTARj j,.2S_for the State of Montana Notary Public in and for the State of Residing at: My Commission Expires. *' SEAL 2Q; Bozeman, Montana "7 ?•' My Commission Expires: July 13,2021 8 Page ACKNOWLEDGMENT OF GRANTEES(cont.) Dated: � S1 Jy y Ki a STATE OF � ) County of �=� (�Gk 1tA ss ) Subscribed and sworn to before me on this ' day of `'c L, 20L�j by the Grantee, Judy Kingma. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. 'MgcRiM'' WES MCCRIMMON \ 4,5,•' Notary Public s'•'�oTAaiq�.2`for the State of Montana ` Residing at: Notary Public in and for the State of�_ 9.SEAL P�Q Bozeman, Montana My Commission Expires: ��3 My Commission Expires: two July 13, 2021 Dated: 1A _ Name. Title: STATE OF � ) County of �Rr ((1)) ss 10, Subscribed and sworn to before me this day of 20LD, by the Grantee, MArkle- ixvri nc a of Harrington Properties of Bozeman, LLC. IN WITNESS WHERE I have hereunto set my hand an ffixed my official seal this day and year above written. SUSAN M BENSON Q X5 Notary Public NoTA—?�?=for the State of Montana Notary Public in and fort e State esiding at: My Commission Expires: IvlrLi((-n 2,6Z9 e;- i nree Forks, Montana 0 �:�Y Commission Expires: 1,... March 25, 2021 9 Page ACKNOWLEDGMENT OF GRANTEES (cont.) Dated: Judy Kingma STATE OF ) ss County of ) Subscribed and sworn to before me on this day of 20_, by the Grantee, Judy Kingma. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. Notary Public in and for the State of My Commission Expires: Dated: _ cY "" Ac Name. Title: STATE OF � ) County of pJla. I(A) ss Subscribed and sworn to before me on this Z�day of [�) _AXYI}' 20L9 by the Grantee, Kar i Q. R owri rlGttts►' , the of Harrington Properties of Bozeman, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. SPNIM.�F�;s,, SUSAN M BENSONl �Mc9v� 5'J. O; Notary Public y;NOTARi44';ti_for the State of Montana Notary Public in and for the State of� * SEAL.' = Residing at: My Commission Expires:_MG�ch ZS� ZJ :. Ir ree Forks, Montana Y Commission Expires: OF ,. pMarch 25, 2021 9 Page lay CKNOWLEDGMENT OF GRANTEES (cont.) Dated:"s-k h? aul Peterson STATE 0 Gl I ss County o —11 Subscribed and sworn to before me on this�l ay of 2(Y_fby the Grantee, Paul Peterson. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year a 7mvp DENIA M LAYT©N �. O: Notary Public o•'NOTARiq�?:for the State of Montana Notary Public in and for the Stat6 of Bozemann, Montana My Commission Expires: •Pam: 9pF1' My Commission Expires: January 04, 2020 Dated: �5110 lane Peterson STATE Od ' C�,Ie— . ) ss County Subscribed and sworn to before me on this/r day of 4 / 20/,iby the Grantee, Diane Peterson. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. ZL ;/n-/� Notary Public in and for the State f rl DENIA NI LAYTOiN YTo'. Notary Public My Commission Expires: �'No1ARiq�?=,for the State of Montana Residing at: P-.SEA1,.-,: Bozeman, Montana My Commission Expires: OF Mo January 04, 2020 101 Page CKNOWLEDGMENT OF GRANTEES(cont.) Dated: en is Moyl STATE OF � ) .) ss County of k�- Subscribed and sworn to before me on this 24day of )r 20L, by the Grantee, Dennis Moylan. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. `,,�PNMBFys, SUSAN M BENSON J • p. Notary Public y;NoTAR/-i,2_for the State of Montana * -'- - Three Forks, Montana Residing at: Nota Public in and for the State of �•,SEAL.•��Q y My Commission Expires: M61LrG(-•► 2C ?oZ( %,mac pF Mo My Commission Expires: March 25, 2021 Dated: Jean ylan STATE OF MT- County of 66kit0 i vi ss ) Subscribed and sworn to before me on thisZ7 day ofAebY%A-!� 201lby the Grantee, Jean Moylan. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. SUSAN M BENS0 yJ5 oTa.9i p', Notary Public a ' N a�' for the State of Montana Notary Public in and for the State of * Residingat: My Commission Expires:Ma-r'ck Z,5 ZOZ( L Thraa Forks, ontana My Commission Expires; March 25, 2021 11 Page 0:\22\11536-01\65CAD\Clvll\PHASE 1\IRRIGATION SET\SC14—CS—IRJ'HASE 1JRR—IRRIGATION EASEMENT EXHIBIT 2.dwg PLOT DATE 2018-4-10 15:53 SAVED DATE 2018-04—I1)15:34 USER: agaddo TRACT 5 BOOK 148 r B K 17 C.O.S. PAGE 207 PLAT loc N0. 2202 BAXTER LANE FIN N110'54"E 204.16• S89'52'23"W A 347.36' 11 r N40'48'21'W 259.72' NO'i6'07"W 307.66' �I I TRACT 1A1A II W � zt COS 2554C N1'13'09"E II g — — 842.4V ( \ TOTAL AREA 71.182 ACRES 01 II l PARCEL0—F t NEW 2T WIDE 1 o IRRIGATION 0 I A EASEMENT 12 J 0 7J 1 - —)COS, 13 NB'59'14"E aB.Ss' EXISTING ROAD R/W A 1 1 I 1 r I 1 98.47 ,/ \ I ' I i I A 11 Nt'07'19'W 11 [ 425.71 111 I I I I I II I N019'37"W NEW A PIPELINE I 9o�'oz"E '' --- I 1 NO'55'47"E 96.39' I I ORIGINAL A N2736.11"E �� CW 1/1 6th COR. MAYNARD 152.19' ID 2 1/2"ACAP 7330 LS" PIPELINE Noros'03'w / PER COR. REC. 2-1620 (REMOVED) 72.23' POB OAK STREET '04"E 126.33 26.33' I I 1 TRACT 1A COS 2554A PROJECT 4524.11402.19 N � 0 V1/L DATE 04 10 2018 � _. B�„ ,,Mo� s EXHIBIT A 406-586-8834