The URL can be used to link to this page

Home My WebLink About06- Oberg Water Pipeline & Access Easement, Lot 3 of Minor Subdivision No. 319 City Clerk P.O. Box 1230 Bozeman. MT 59771-1230 1111111111111111111111111111111111111111111111111111111 ~~2~~r;:~, Shelley Vance-Gallatin Cc MT MISC 35 00 v "lATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT LOT 3 OF MINOR SUBDIVISION No. 319 Jeff Oberg, of Thornton Gateway Partnership III, LL.C and KLC Partners, L.L.C., the GRANTOR(S), in consideration of One Dollar ($1.00) and other good and valuable consideration, 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 59715, GRANTEE, its successors and assigns, a perpetual casement to lay, construct and maintain water pipelines with the usual serviccs, valves, connections, accessories and appurtenances for thc purpose of transmitting water in, through, and across a strip of land situated in Gallatin County, Montana, twenty (20) feet widc to be located on the following described real property: Lot 3 of the Final Plat of Home Depot Minor Subdivision No. 319, located in the East Half of Scetion 2; 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, Gallatin County, Montana. The easement is more particularly descrihcd on the attached Exhibit "A" which by this rcference are made a part hereof. This grant includes the right ofthc GRANTEE, its successors, permittees, liccnsces, and assigns and its and their agents and employees, to enter at all tunl:S 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, suhstitute, 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 of the pipeline; (3) Grade the land suhject to this casement 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 thc pipeline across ravines and water courses with structures which GRANTEE deems necessary. THE GRANTEE AGREES: .... ~ en N .'" to ~ ~~ <0 NOD '" .... <" ~ NQj~ lll- N.f~ (1) iiiiiiiiiiiiiii '" !!!!!!!!!!!!!!! a :ll !!!!!!!!!!!! iiiiiiiiiiiiiii - ====:il (2) _iO ==== f- -lE - ::=8 iiiiiiiiiiiiiii c =-.-4 -~ iiiiiiiiiiiiiii :::: =i ~~ =c !!!!!!!!!!!!!!! ~ iiiiiiiiii >- ~.! =.... -., !!!!!!!!!!!!!!! J: _1Jl That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water pipeline(s), it will rcpair 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. That, during operations involving excavation, it will rcmove 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 rcplacemcnt over the trcnch. 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 cxccpt that the surface of backfilled areas may be mounded sufficicntly to prevent the formation of depressions after final settlement has taken place. THE GRANTOR(S) AGREES: (I) At no time will they build, construct, erect or maintain any pcrmanent structure within the boundaries of said easement without thc prior written consent of GRANTEE. (2) At no time will thcy modify the finishcd grade of the land ovcr 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 othcr provided access, a 12 foot wide all-weather access road may be constmcted within the easement where at the City's discretion such access is required for (4) The GRANTOR(S) warrant that they are lawfully seized and possessed of the real operation and maintenancc purposes. property described above, that they have a lawful right to convey the propcrty, or any part of it, and that they will forever defend the title to this propcrty against the claims of all persons. (5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any intcrruption by the GRANTOR(S). The temls, 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. DATEDlhis/li't-LdaYOf ~l 2 OC)~ , . GRANTOR CORPORATE STATE OF COLORADO CJanv--er County of ~ ) ) ss. ) On this 30th day of August, 2006, before me the undersigned, a Notary Public for the State of Colorado, personally appeared, JeffObeq,~, known to me to be the Manager of Thornton Gateway Partnership III, L.L.C. and KLC Partners, L.L.C. and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Thomton Gateway Partnership III. L.L.C. and KLC Partners. L.L.C.. IN WITNESS WHEREOF, I have hercunto set my hand and affixed my Notarial Seal the day and ycar first above written. RENMoYoL' AooI-'-LNICK NOTARY PUBLIC STATE OF COLORADO My Commission Expires June 19.2007 r0ct 111111111111111111111111111111111111111111111111111111I ~~2~~r~~ ~p Shelley Vance-Gallatln Co MT MISC 3~.00 3 Notary Public for the State of Colorado Residing in Colorado My Commission Expires ACCEPTED: ~ti~' CITY OF BOZEMAN by its L;'t-~ ;\J\j K. - County of Gallatin ) ) ss. ) On this 'L.{ day of 5 6" pf-"~ tYJ h vV' , 2.i2.f!..b., bcforc me, a ~otar~ Public for the State of Montana, personally appcared LA.../" t<//kl/I d:, and 13/1 l' /' c'.JiU1e"f- known to me to bc thc 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 same for and on bchalf of the City of Bozeman. IN WITNESS WHEREOF, 1 havc hcrcunto set my hand and affixed my seal on the day and year first above writtcn. .~\\\\\I1l III 1/1111. ~\\\ HN 'III. ~ ~ ~o EJ€ ~ M;1J . . '. "2~~ . 41 ~ . ~ l~:.~olAA/.A.<"-. ~ ::.. --- . = ~*.. SEAL :*i ~(j)' ._~ '::1::,)1,' . ~~ '::1: - . . ~* ~ iX' . . . '_^'l-~ ~/~r OF MO~\*# :fllllllllllll\\\\\\ ~. Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires: r~/Zf"?'J 111111111111 11111111111111111111111111111111111 1/11/111 ~:~~~:~~0~' Shelley Vance-Gallatin Cc NT MISC 36.00 ~f..,: ....~.......... g; ......... I ..' ~ .. _----0:: ----~.~ - .-:.-- ~~~- ~ .-- ........- ........ _.._<~~: _~'--C~~.~ EXHIBIT II A" LOT 3 \.-\ \ \\ \ \.~\ \\ \ \.\ \ \ -~--- \ \ ).. ....- .. t \ \ \ \ \ 6=46"06'33. R=88.0Q' L=70.82' ----- WATERLINE EASEMENT DESCRIPTION A 20.00 foot wide Easement for Waterline purposes across Lot 3 of the F ~. ~--- '. " 0. 'IIl""'lI g: en N .", If) ~ 'WWI' _ <D Nag ~If)~ Nii::::l 1II- N~g) -0 -0 -~ ~ ~ - ==== :il -~ ==== I- -E - _a _u ~c _.~ -~ -~ -- _" ~'f =- _0 -c ~,;! -~ -~ -j ==== <Il \ J \ \ \ 5 ~ to ~ ~ ~ . -- c:::. "'.~ <\", '. ~.,-- \0.... :; \........ " -.' . '-....... 7,>-....- .-' \'~, \