HomeMy WebLinkAbout20- Release and Reconveyance of Easements - Trustees of Gallatin County High School - Bozeman High School Project PL�T7E0 �1 �
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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