HomeMy WebLinkAbout20- Water Pipeline and Access Easement - Headwaters Academy - Durston Rd 2702993 Erce tiOCo T9PM Fee:Mgg
S '00ii Semrad - Gallatin County, M C
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WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
PLATTED
The Headwaters Academy.Inc.,the GRANTOR(S),in consideration of One dollar and other
good and valuable consideration,receipt of which is acknowledged,grant(s)to The Cily oof
Bozeman.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 a strip of land
situated in Gallatin County,Montana,thin (30)feet wide to be located on the following
described real property:
Section 1,Township 2 South,Range 5 East,3.021Acres,Tract in S2,P.M.M.City of Bozeman,
Gallatin County,Montana.
The easement is more particularly described on the attached EXHIBIT A-30'WIDE
WATER PIPELINE AND ACCESS EASEMENT 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,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 permanent 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.
d A
DATED this �17day of Ao ust �20 w
GRANTOR
STATE OF MONTANA )
)ss.
County of Gallatin )
On this J7 day of 20 Zd,before me the undersigned,a
Notary Public for the State of Mon a,personally appeared, -.1 w I i Gt n V1 t. W i'1 I i G1r1_e,
known to me to be the\I t t vl d-tn E B M A' b1 nd Wf J L< f tk(A W S ACOWA�,_In 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 Thi- H f a&V a Js vS CAM vim,"11 V 1 L
IN WITNESS WHEREOF,I have hereunto set my hand and xed my Notarial Seal the
day and year first above written.
I
(SEAL) _
ENO, LIE PALAKOV'
l
NotaN Public
for the State of aontana Notary Public for the State of Montana
FtesldlnM a �e �ot�a^(•� OV G Bozernan, ontanMyCommlas12np24 Plres: (Printed Name)
May Residingin �OZef'1a4
My Commission Expires 5 /_F_/20 Z
ACCEPTED:
CITY-OF B ZE 11
By
City ganVgtr
ATTEST:
M I k�I
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this day of 1dV/ 20ZL before me,a Notary Public for
the State of Montana,personally ap eared JEFF MIHELICIrand MIKE MAAS,known to me to
be the City Manager and City Clerk 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 behalf of the City of Bozeman.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day
and year first above written.
1 (SEAL) -HER BIENVENUE
B,- Notary Public
F
E 1j. o1nFi for the State of Montana otaryPiblic for t ta�eofMontana
Residing at: r
�'.cEAL.-_ Bozeman, Montana (Printed Name)
My Commission Expires:
OF':"•�...•' January 26, 2022 1 Residing at Bozeman,Montana
My Commission Expires: / /20_
EXHIBIT SHOWING A
30'WIDE WATER PIPELINE AND ACCESS EASEMENT
LOCATED ON A PORTION OF THE TRACT DESCRIBED IN WARRANTY DEED 02643833,
LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 1,
TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN MONTANA,
CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA
EXHIBIT A
LEGAL DESCRIPTION
The following is a description of a the centerline of a thirty foot
(30.00') wide Water Pipeline and Access Easement located on a
portion of the Tract described in Warranty Deed #2643833, located
in the Southeast One—Quarter of Section 1, Township 2 South,
Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin
County, Montana. Said Water Pipeline and Access Easement
Centerline being more particularly described as follows:
Beginning at a point which bears South 87'17'20" East along the
south line of said Tract Described in Warranty Deed #2643833 and
the north right—of—way of Durston Road, a distance of 118.28 feet
from the southwest corner of said Tract described in Warranty Deed
#2643833;
thence North 02'42'40" East, a distance of 222.00 feet; E
thence South 87'17'20" East a distance of 34.42 feet, to a point M
which bears North 37'13'54" East a distance of 269.44 feet from
the southwest corner of said Tract described in Warranty Deed o
#2643833. N
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EXHIBIT SHOWING A
30' WIDE WATER PIPELINE AND ACCESS EASEMENT
LOCATED ON A PORTION OF THE TRACT DESCRIBED IN WARRANTY DEED#2643833,
LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 1,
TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN MONTANA,
CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA
TRACT
DESCRIBED IN S87'17'20"E
WARRANTY DEED 34.42'
#2643833 r-_____F1
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S87'17'20"E----I---i---- --- ------ V
SW COR 118 28'
a
10' WIDE
DURSTON ROAD POINT OF UTILITY EASEMENT
BEGINNING tl` ..• 4 PER Fm46, Pg2243 E
O 1 w"I 1T A
GRFG 'Y
BASIS OF BEARING,COORDINATES O o
BEARINGS SHOWN ARE MONTANA STATE PLANE GRID '' L. (4�i.,• �/ Q,
DISTANCES ARE GROUND DISTANCES IN INTERNATIO AL F / •.
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MONTANA COORDINATE SYSTEM NAD 83 0
HORIZONTAL DATUM: BOZEMAN CONTINUALLY OPERATING /
REFERENCE STATION
En DESIGNATION
DK7547 MTSU BOZEMAN COBS ARP
6 0
MONTANA STATE PLANE NAD 83 (2011)(EPOCH:2010.0000) 0 20 Y 40 60
NORTH LATITUDE 45.39'40.37689" I
WEST LONGITUDE 111'02'42.00898" SCALE: I INCH= 40 FEET w
UNITS: INTERNATIONAL FEET
Convergence angle: —01'07'49"
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