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HomeMy WebLinkAbout20- Release and Reconveyance of Easements - Trustees of Gallatin County High School - Bozeman High School Project PL�T7E0 �1 � Return To: City Clerk PO Box 1230 2687822 Page: 1 of 9 07/02/2020 01:57:00 PM Fee. $63.00 Bozeman, MT 59715 Eric Semerad - Gallatin County, MT MISC 11111111 IIIIII IN 1111111111111111111 II11111 III 111111111111111111 RELEASE AND RECONVEYANCE OF EASEMENTS COMES NOW the CITY OF BOZEMAN, 121 North Rouse Avenue, Bozeman, MT 59715, a Municipal Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby release and reconvey the following described easements unto BOZEMAN HIGH SCHOOL DISTRICT#7, TRUSTEES OF GALLATIN COUNTY HIGH SCHOOL DISTRICT, hereinafter("GRANTEE") as follows: WITNESSETH WHEREAS the Grantor is the legal record title holder of Easement Agreement for Waterpipe Line ("Water Easement 1") and Easement and Right of Way Agreement for Utility Lines ("Water Easement 2") situated across a tract of land, said tract being Book 118, Page 548A Plat, said tract being located in the NW 1/4 of Sec. 12, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana, copies of which are attached hereto as Exhibit "A" and Exhibit `B", and are shown on the attached Exhibit"C", which by this reference are made a part hereof, WHEREAS the above Water Easement 1 was granted August 28, 1957 and recorded on September 3, 1957 at the Gallatin County Clerk and Recorder's Office on Page 513 of Book 17 of Miscellaneous, and the above Water Easement 2 was granted September 29, 1971 and recorded on October 14, 1971 at the Gallatin County Clerk and Recorder's Office on Page 1525 of Film 11; and WHEREAS the above Water Easement 1 has no described width, and a portion of the associated waterline is being abandoned and removed as shown on the attached Exhibit "C", and Water Easement 2 encumbers the west 800 feet of the above described property; and WHEREAS a new Water Pipeline and Access Easement and Agreement with the City of Bozeman, as shown on the attached Exhibt "C", for the location of the existing water main and fire hydrants will be filed in the Gallatin County Clerk and Recorder's Office. WHEREFORE, the Grantor does hereby release and reconvey to BOZEMAN HIGH SCHOOL DISTRICT #7, SUCCESSOR TO TRUSTEES OF GALLATIN COUNTY HIGH SCHOOL DISTRICT the two Water Easements located on the above described real property as set forth on Exhibit "A" and Exhibit `B" attached hereto together with any right, title, or interest that the Grantor may have in said Water Easements as set forth on Exhibit "A" and Exhibit `B" attached hereto and incorporated herein by reference as though frilly set forth. DATED this s�day of .,y�A.- , 2020. GRANTEE: CITY OF BOZEMAN, MONTANA JFffF WLfCH,-City Manager ATTEST: M' 6 mme's MIKE MAAS, City Clerk STATE OF MONTANA ) ss. County of Gallatin , ) On this ` Jj day of JUr 2020, before me,the undersigned, a Notary Public for the State of Montana,personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk for the City of Bozeman, respectively, 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 Notarial Seal the day and year first above " HEATHER BIENVENUE EA 61EN` Notary Public �� ' F° Notary Public f the State of ontana W� 'TAR/�q'2c's for the State of Montana 3' t T Lj'M= Residing at: Printed Name: Qn - -*' SEAL, Q Bozeman, Montana P?' M Commission Expires: Residing at: ��OF Mo < Y January 26,2022 My Commission Expires: / /20 EXHIBIT A 1 EASEMENT AOREEMI?NT FOR WATERPIPE LINE T1TIS AGREEMENT, Made end entered into this , day of August, A.D. 1957, by.and between the Bozeman High School District, n body corporate of a political sub-division of the State of Montann, party of the first part, hereinafter called the Grantor, and The City of Bozeman, a municipal corporation of, the,Stnte of Montana, in OallAtin County, the party of the second part, here- inafter called the Grantee, N I T N. E S S E T 11' That for and in consideration of the sum of One Dollnr and other good and valuable consideration, in hand paid by the City of Bozeman, the receipt whereof is hereby Acknowledsed, And in fl:rther consideration of the covenants and agreements between the parties hereto, the Grantor has granted, bargained, sold, convoyed, and confirmed, and by these presents does hereby grant, bnrgalr., sell, convey, and confirm unto the said Grantee and Its ouccessors and Assigns the following rights and privileges so lone As the right-of-way is used as A right-of-wag for a rater- pipe line. 1. A perpetual casement and right-of-way for the purposes or installing, oporatlna, using, repairinv,, replacing, mnintnin- lrg, and removing n wntorpipe line and appurtenances thereto under And across portiors of a certain property known as the Bozeman Hich School Tract located in the SE4 of the 117; of Section 12, T 2 S, R 5 F., M.P.M.; and moreparticularly described as follows: Beginning At A point on the west lino of the Bozeman 111gh School Tract, said point being 20 feet south And 169 feet oast of the northwest corner of the "F; of the NV71 of Section 12, T2S, R 5 'F., M.P.Y. : Thence in an easterly direction 20 feetisouth of and parallel to the north line of said SEa of the t1YI; of Section 12 a distance of 1193 feet more or less to the east line of the will of said Section 12. 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable timos for the purpose of Installing, operW ng, using, repairing, replacing end r.ointain- ing said waterplpe line and appurtenances thereto and for the removing of said waterplpe line if and when desired by the Orantee,its successors and assigns; TO HAVE AND TO HOLD THE above described right-of-way with all the appurtonencea and privileges unto the said Grantee and to its successor:, And assigns so long as the right-of-way here- inbefore described is used as a right-of-way for a wetarpipe line. The Grantor boroby covenants And aRrces with the Grantee as follows: 1. That it will use all ronronable means to safeguard the naterpipe lino of the Grantoo during any of its operations along the site Abo,-:e described, and shall give reasonable notice to Grantee 'of any construction, reconstruction, or operation effoctin¢ aeld wsterplpe lire Ao that the Grantee may effect such changes as are necessary as hereinafter provided. I 17 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any inter- ruption by the Grantor or its successors and assigns saving and excepting as in this Agreement contained. The Grantee hereby covenants and agrees with the Grantor as follows: 1. To install such waterpipe at such depth below the surface of the earth as will not interfere with normal activities upon the school grounds, and in the event Grantor gives notice of construction, reconstruction or other operation along said site 'above deecri.bed, Grantee will within a reasonable time change the in- stallation of such waterpipe to such a depth or location below the surface of the earth as will not interfere with such operations upon said tract. 2. To leave the finished surface of the ground yin sub- stantially the same condition as existed prior to the beginning of any operation upon the school grounds involving excavation; and that depressions developing as settlement occurs at such locations will be filled by the Grantee. 3. To hold and save Grsntor harmless from any and all damages and liabilities arising from GrantPe'e use of the rights and privileges herein granted, and to pay damage or damages which may arise to the property, pre- mises, or rights of the Grantor through Orantee'-- use, ocenpntion, and possession of the rights herein granted. It is understood and agreed by and between the parties hereto thnt this Agreement shall be binding upon the successors and assigns of the Grantor and upon the successors and assigns of the Grantee. IF WIT11ESS WH'r'.REOF, The Bozeman High School District and the City of Bosema❑ have caused this Agreement to be executed by their proper officers thereinto duly authorized; the Bozeman Hlqh School District by the Chairman of its Board of Trustees and itr Secretary, and the City of B zeman by its Mayor and the Clark of the City Commission, and their respective corporate seals to be affixed as of this fir, day of Auguat A.D. 1957: BUFMAY .I^,�H/(CfI0OL DISTRICT �iLdfrL�•- Att nt: 'Chal an of the Board of TI'ru`eteos f/'.,ecre ary of the Board of Trustooss CITY OF BOZEMAN� STAT("P MONTAVA Attest: ArnOia 14. Swanson, mayor i! a oan, sl�rY oP the City i Commission - - `St2te of mo::t.,County of Gallatin. ss. Filed for record 1—� S er+tber—�--_---- - I / s ' ]Q:23.�-.. :+f., and recorded in Poo;;.-3_—of—G4isGe113tteous Page-$13' EARL WALTON- �n nJ �d 21-�L1f�Depnt;-. �,.. ..,.. `.------ -• Recorder. By -� f-- L IJ. U J.' 1526 EXHIBIT Q EASUIENT AND RIGHT OF 14AY AGRUM MT FOR UTILITY LIM THIS AGREEMENT, Made anti entered into this 22111 (Inv of in the year of our Lord one thousand nine hundred seventy-one '-v:%,,cvn School District No. 7, party of the first part, and the CITY 0" W)AFMANI MONTANA, A municipal corporation, the party of the second part ' W I T N E S S E T H WHEREAS, The Grantor is the legal record title owner of a n�-:'titin of Lhe SOULIleast quarter of the Northwest quarter of Section 12, To'wnnhip 2 South, Range 5 East and,also lying North of Main Street between Eleventh (11th) Avenuo North and Fifteenth (15th) Avenue North in the City of Ninni-n.n, mare particularly described below. WHEREAS, the Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install utility lines and their necessary kippUttenanco,1 to serve variol- properties ioctired within Ulu 4&SLern ;:.-IrLion of I the City of Bozeman and nic- or more such lines would run across the Grantor's land; and WHEREAS, The Grantee desires to acquire From the Grantor, and the Grantor is willing to grant to the Grantee an easement and riplic-of-way across the above dcscribnd property of the Grpnv,:�r, ;Ind heir.-I,; executors administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining and removing said utility lines and appurtenances and for such other rights of .r'-V.;n and incidental rights as are hereinafter described, all as hereinafter more particitin'-17 provided. NOW, THEREFORE, in consideration of the sum of $1.00 in hand paid by the City of Bozeman, the receipt whereof is hereby acknowledged, and in further consideration of the covenants and agreements between the parties hereto, the Grantor has granted, bargained, atiLd, conveyed, A-" confirmed, and by these presents do hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns tne following rights and privileges forever; A perpetual eanemonr and right-of-way for the purpose of in- stalling, operating, using, repairing, replacing, mainLaininp and rp- moving a utility line and appurtenances thereto upon and across the above described property lying within the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows and shown oil the attached exhibit. An easement for a municipal war.cr line eight. hundred (Ullvo) '.'E:CL in width through and across Lhe Bozeman High School property lying between Main Street and the northerly line of the Southeast Otiarter of the Northwest Quarter of Section 12, Township 2 South, Range 5 East, aid bezinnfil.-I ',f 0,P ­­I-erly gvigo of Fcald Hiph School tyroi-jertv and 0XLending eight hundred (800) ce- or easterly thereof, the route and I 1 :!titin or mAid water line, which because of pending school building program cannot now be determined, shall be designated by the School D Dis n !y 1()77: In time For excavation and WsLallaLian of said waterline. 2. The perneLual right of ingress ai-,J ogress to and from si,J trilet• of land at all reasonable times for the purpose of installing, operating, ,.sing, repairing, replacing nncl maintaining said utilities and nonni't- enanepq thereto and for Clio removing of same if and when deaLreci'lly Lhe ran Le a successors and assigne: TO HAVE AND TO HOLD the above described riplit-of-way with al! the appurt- eivinces and privileges unto the said Cranree and to its successors and assigns forever I. 7 7: 7 -7— s� The Grantee hereby covenants and agrees with the Grantor as fa:loa`n: 1. That, ir, connection with the installing, or -rating, using, -'.fairing, replacing, maintaining and removing of anid ut ;try lines and appurten- ances of said land that may be disturbed by it. operation on a candi.tion equal to the condition t"ere.E existing before --td oper+,t.ions ,, re begun, or as near thereto as shall be reasonably possible, 2. That, during operations involving excavation, it 011 - 't- Lite topsoil from the trench area to a depth of one foot, or to the full op:1, of Lite topsoil, whichever is less, and stockpile said topsoil away r,: the site of any large rocks or surplus excavated material or any kind .it dehris that may have been exposed by Lite excavation and remaining after hacletilIinr is completed, and will leave the finished surface in Substantially the same condition that 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 operate, usu and maintain said utilities in aucl; i,;f;;nc: :,', x.;l not hinder or prevent the proper cultivation of the tract tilrougit witicil this right-of-way is hereby granted. 4. In the event that it should become necessary for the Grantee t.0 rd- enter the Granters premises for thcb ntlrrnaa of rpnairint, rep ar i tip, maintaining orremoving said utilities the Grantee will reimburse the Grantor for any actual damage done to the Grantors premises or crops. The Grantor hereby covenants and agrees with the Grantee as follows: 1. That at no time will they build, construct, erect or maintain any permanent structures over o r above the said utilities unless such structure is built, constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintenance, replacement and removal of said utility. 2. That the Grantee may peaceably hold and enjoy the rights and privi- leges herein granted without any interruption by the Grantor or its successors and assigns. 3. That they have been lawfully seized of said premiss; that they have good right and lawful authority to pall the same and that they and their heirs, executors, administrators, successors and assigns, shall warrnnt and defend the title to said premises unto said Crantee, and its success- ors and assigns forever, against the lawful claim and demand of all persons whomsoever. It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs, executors, administrators, succ- essors and assigns of the Grantor anti upon the successors anti assigns of the Grantee. IN WITNESS WHEREOr, the Grantor has hereunto set its hand and seal and the Grantee, The City of Bozeman, has hereunto set its hand, by its Mayor and its Clerk of the City Commission, each thereunto dal.; authori- zed and has caused its corporate seal to be affixed, all on this 29th tlav of September 1471 . Sf`IlflllT nT C'i•RTr'I` Nn. -ATTEST:' !! /'' / r 1jiP CITY Or.,UP'I.G$At,' ATTESIP: - �/ no ri. ANGOHR, JR., Mayor [-�2r�-.ice C or of rh city camWiM ion -2- 'c r .52'7 STATE OF MONTANA ) ' fiS COUNTY OF GALLATIN/J) On this mday of ✓i-,�.;:�iy,t, 1971, before me the undrrr;mied Notary Public or Lite State of Montana personally appeared!/ �f�:lol✓ U' e .��_ , known to me to be the person that executed the within instrument and acknowledged to me Lhai executed the saute. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offi- cial seal on the day and year in this certificate first above Written. No public f r 'hc SCaCe oC DlonCane • - Refilidinp, at Bozeman, Montana ' My Commission Expires_f� STATE OF MONTANA ; I"tC,;C ,ouer'.11, t9Y1 : ss COUNTY OF GALLATIN ) On this 29th day of September_, 1971, before me, the undersigned, Notary Public for the Stale of Montana, personally appeared Don M. Lanrohr, Jr., and Erna V. Harding, known to me to be the Mayor 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 Lhey exe- cuted the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto s my hand and affixed my Not- arial Seal on the day and year in this C r if, cate firer above written. J' N .ary Ahbke f r he State of Montana Residing nt Bozeman, Montana Hy Commission Expires Ii• .1 INfIi•\'U Stnte of Mont., County of GnHnfin wR r4ed for retard__. 0ct::?her 1.1, Pt. 1:59 __P--..M„ and recorded in f3oot< ��1 of_. ''`I.i"';L:•:1'' ;•_ ;. ' 1,;�} _ CAl1L L. J'I'UCK Y f^^(,.•'r r.r..�y OAn�lty Rt: City of Bozeman �/ D(HIBIT C EXISTING WATERLINE EASEMENTS TO BE RELEASED ACROSS A PORTION OF A TRACT OF LAND BEING BOOK 118,PAGE 548A PLAT LOCATED IN THE NW 1/4 SEC.12,T2S,R5E,P.M.M. CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA 4�' g WATER EASEMENT 1 qA P2 BEALL S REET WATERPIPE LINE B1 G Q EASEMENT PER MISC. BK17, P513. �15 (NO WIDTH GIVEN) a IS BEING RELEASED -------------------------------- v— v v v ——;►r—-fir——--Yr-—--y I I --- I I I I I I j I WATERLINE BEING Icl I ABANDONED a I I EXISTING WATER LINE I I ------�- i 50A � 08 P I E- NEW WATER PIPELINE AND ACCESS EASEMENT I � BEING GRANTED IN A j SEPARATE DOCUMENT Ic I I j I M 1 j I I I I (WATER EASEMENT 2 WIDE WATERLINE WATERLINE I EASEMENT PER I I FM11, P1525 IIS BEING RELEASED I � I I V V V V V V MAIN STREET 1 55' HWY R/W EASEMENT B120, P385 �,q . SURVEYOR'S CERTIFICATION I, certify that the information shown is based on field work S 7F VE N C. performed between October 24, 2017 and November 28, 2017 and A N UE R S O N is true and correct to the best of my knowledge. 1225 L S 0 200' °�p`�` Steven C. Anderson, PLS / Date S U R S C A L E Montana License No. 12251 LS THOMAS,DEAN& HOSKINS,INC. ENGINEERING CONSULTANTS DRAWN BY: CJB QUALRY CHECK: DATE: 3125119 1 FS: — TD&A6 JOB NO. B1M55(020) I CAD NO. 17081lWaterEaseReleaseXI.ft