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Home My WebLink About20- Water Pipeline and Access Easement and Agreement - Trustees of Gallatin County High School District - Bozeman High School Project Return To: EEKil I, City Clerk PO Box 1230 2687823 Bozeman, MT 59715 Page, 1 or 6 07/02/2020 01:57:00 PM Fee:M$5C.00 Eric Semerad - Gallatin County MT IIII11IIIIII III EI III 411111111111111IlU IIIII IIIII IIIIIII III 111111111111111111 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT TRUSTEES OF GALLATIN COUNTY HIGH SCHOOL DISTRICT, of 404 West Main Street, P.O. Box 520, Bozeman, MT 59771, GRANTOR, in consideration of$1.00 and other good and valuable considerations, receipt of which is hereby acknowledged, grants to The City of Bozeman, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse, Bozeman, Montana 59715, 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 an irregular strip of land situated in Gallatin County, Montana, to be located on the following described real property: 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, RSE, P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly described as a "Water Pipeline Easement' on the attached Exhibit A, which by this reference is 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 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 pennanent 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 day of � 20 ZU LANDOWNER: TRUSTEES OF L T C UNTY HIGH SCHOOL DISTRICT B Name. Title: of Bozeman High School District#7, Successor to Trustees of Gallatin County High School District STATE OF ry pN - ; ) ) ss. County of ba l k f ) ) On this V�day of j 2020, before me, the undersigned, a Notary Public for the State of Montana, personally appeared AjA1-'',y • whose identity was proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same int er capacity as Ga2izf. ChA r- for and on behalf of Bozeman High Schoolict#7, Successor to Trustees of Gallatin County High School District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Nota Public for the State of Montana (SEAL) Printed Name: 1,1k C—A— S . L6-O q D Residing at: 130?'ekVta t I My Commission Expires: !( l_2/20 Z JPpSo,, LAU RA S LLOYD Notary Public NoTAAiyt =for the State of Montana Residing at: A.SEAL.zj` Bozeman, Montana My Commission Expires: ' ,....,,,o."°. November 19,2022 DATED this day of 52020. GRANTEE: CITY OF BOZEMAN, MONTANA 1�4— IkLe-'u— JEjjF LI H, City Manager ATTEST: P� 6 MIKE MAAS, City Clerk STATE OF MONTANA ) ss. County of Gallatin O' On this I day of , �' 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 wri e . OREHEATHER BIENVENUE 5I 1107t e,Notary Public Notary Public f the State o ontana for the State of MontanaA�j►� ef I p A►�►I '^LA Residing at: ��fl�iu�a LI6 r7VY! \- ozeman, Montana Printed Nam ►`My Commission Expires: Residing at: January 26,2022 My Commission Expires: / /20 EXHIBIT A WATER PIPELINE AND ACCESS EASEMENT ACROSS A PORTION OF BOOK 118,PAGE 548A PLAT LOCATED IN THE NW 114 SEC.12,T2S,R5E,P.M.M. CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA 4 �QVP 3$ ��A�QA3 O,�A Q 0�^tieVPC BRALL STRE T 2° P29 P�pT 30' 0144. 3,99' S89'1203"E 787.05' 14e, ----------------------------------- 89'12'03"W I I N89'12'03"W 479,91' L5 179.36' I I } �L7�- 1 I L8 L6 I m 0 I rn v I I o I LINE TABLE w I N J'p4 LINE BEARING DISTANCE iO4 gp L1 NO1'27 14 E 20.78N6 6qL2 NO1'49 34E 30.01 p11 L3 N01'4934 E 3000Ip L4S00'47 57 W 3000 LS N89'12 03 68.32 G� I L6 S01'03 02"W 33.19 I L7 N88'56 58 W 30.00 co N I I N9O'00'00"E 233.38' L8 N01'03 02 E 13.06 v I ------------- L9 S89'3933"E 55.21 o ____---___--� L10 SOO.20 77"W 30.00 o S90'00'00"W 233.46' 1 1 L11 N89'39 33 75.17' 00 1 I L12 S091 331 W 43.98 rn 30' L13 N00'00 51 E 19.71 x WATER PIPELINE /'I 1 L14 OTO-0-09 E 30.0I w a EASEMENT CONTAINS 1 I L15 S00'00 51 19.81 v -. 0 2.225 ACRES j I u s SO t 27 t 4 W 30.01 N N I I 1 o °�' 1 I a z I 1 I I W M I t o x o I E z I I � I I 1 I 1 L12 I t_L9 L10 1 L13 �15 S89'47'53"E 436.82' L11 S8947'53"jE357.82 �L14 S89'47'53"E 333.46' �_��- L 16 N J N89'47'53"W 1188.30' LI 24.67' MAIN STREET S89'59'09"E 1188.55' 55' HWY R/W EASEMENT B120, P385 N SURVEYOR CERTIFICATE 1, Steven C. Anderson, do hereby certify that this exhibit is based field work performed by me or under my direct supervision between October 24, 2017 and November 28, 0 200' 2017, and that the information shown hereon is true and correct to the best of my knowledge. = ;r. f- �J OP N TA S C A L E Dated this "� day of _,_'_(_ur_��___—, 20 1 �vt� r^t/ 9 BEARING BASIS: WGS 84 AS DETERMINED BY SURVEY GRADE GPS RECEIVERS WITH THE CENTRAL MERIDIAN RUNNING ---------- STEVEN C. � THROUGH LAT. 45'39'40.38" N, LONG. 111'02'42.01" W. Steven C. Anderson, PLS Montano License No. 12251 LS A �ER50N THOMAS,DEAN&HOSKINS,INC. ,p1_2251L S ENGINEERING CONSULTANTS �,� ��./ �d <^ DRAWN BY: CJB S TEVk O� QUALITY CHECK: r�'� DATE: 3125119 FB: - TD& 6- `�V R v JOB NO, B18.055(020) ""! I CAD NO.17081WaterEaseXt.dw