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HomeMy WebLinkAboutWTP123 - $726,000 DNRC Loan Checklist Submittal Lyman creek PH III(1987-89) EASEMENT AND RIGHT-OF-WAY AGREEMENT FOR LYMAN CREEK WATER SUPPLY PIPELINE Easement and right-of-way agreement made and entered into this 9th day. of January , 1989 between the 1983 Dodge Gallatin Trust, Dodge et al. trustees, Donald D. and Ruth D. Dodge Life Estate, hereinafter referred to as "GRANTOR" , and the City of Bozeman, a municipal corporation and political subdivision of the State of Montana, hereinafter referred to as the "GRANTEE. " WITNESSETH: WHEREAS, GRANTORS own certain real property in Gallatin County, Montana, hereinafter more particularly described; and WHEREAS, the GRANTEES desire to construct, install, operate, use, repair, replace, parallel and maintain a public water supply pipeline and appurtenances for municipal purposes; and WHEREAS, GRANTEE desires to acquire from the grantors, and the grantors are willing to grant to the GRANTEE an easement and right-of-way for the purposes of installing, operating, using, repairing, replacing, paralleling and maintaining a public water supply pipeline and its appurtenances and for such other rights of access and incidental rights as are hereinafter described. NOW, THEREFORE, in consideration of the sum of one dollar ($1 .00) and other valuable consideration in hand, paid by the grantees, the receipt whereof is hereby acknowledged by the GRANTORS, and in further consideration of the covenants and agreements between the parties hereto, the GRANTORS hereby grant, bargain, sell, convey, and confirm unto the said GRANTEE and its successors and assigns a perpetual water supply pipeline easement for the use of the public, in, through, under, and across a strip of land thirty (30) feet wide for the installation, operation, maintenance of a public water supply pipeline from Lyman Creek to the Lyman Creek Reservoir for use by the City of Bozeman across portions of C.O.S. #917A, 1144 , and 1264 , situated in the N.W.4 of Section 33, and the S.W.; of Section 28 , T. 1S. , R. 6E. , P.M.M. , Gallatin County, Montana, and being 15 feet on each side of the following described centerline: _1- EASE "Beginning at a point on the west line of said Section 33 , said point being S00*50141"E a distance of 435.74 feet from the N.W. corner of said Section 33 (S.W. corner of Section 28) ; thence from said point of beginning along a 160.001 radius curve to the left, the tangent of which bears S89012107"E, through a central angle of 72*17153" , for an arc length of 201 . 89 feet; thence N18030 ' 00"E a distance of 300.00 feet; thence N05028 ' 52"E a distance of 216 .93 feet; thence along a 286.50 foot radius curve to the right, the tangent of which bears N05036104"E, through a central angle of 60000100" , for an arc length of 300.02 feet; thence N65036104"E a distance of 100.00 feet; thence alonga 559.00 foot radius curve to the left, through a central angle of 20*3010011 , for an arc length of 200.00 feet; thence along a 286.50 foot radius curve to the left through a central angle of 14030100" , for an arc length of 72.51 feet; thence N25046154"E a distance of 341 . 46 feet; thence N28013"061E a distance of 300.00 feet; thence N42*11145"E a distance of 75.00 feet; thence N24*56145"E a distance of 325.00 feet; thence N21*21 ' 45"E a distance of 125 .00 feet; thence N11*21145"E a distance of 75.00 feet; thence N30016145"E a distance of 267.00 feet; thence N24*49107"E a distance of 139.47 feet; thence N22*26145"E a distance of 109.52 feet to a point on the northerly line of said C.O.S. 1264 , said point being the end of said easement, and bearing N34*41139"E a distance of 2662. 14 feet from said S.W. corner of Section 28 , and also being N64024140"E a distance of 233. 31 feet from the northwesterly corner of said C.O.S. 1144 ." The GRANTORS warrant 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. The GRANTORS further agree that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTORS. It is understood and agreed by the parties hereto that this agreement shall be binding upon the heirs, executors, administra- tors, successors and assigns of the GRANTORS and upon the succes- sors and assigns of the GRANTEE. IN WITNESS WHEREOF, the said GRANTORS have hereunto set their hand the day and year first above written. 1983 DODGE GALLATIN TRUST: ytl Trustees SALLIE DODGE DAVENPORT ru I, t 'T! A, " �aLD. DODGE, JR.. RUTH D. DODGE DO LD DIANA DODGE COA3 TANT D. DODGE--, III -2- EASE State of ss. County of On this day of 19_, before me a i Notary Public n and for the State of personally appeared known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. NOTARY PUBLIC FOR THE STATE OF Residing at My Comission expires: State of Colorado ) : ss . County of Denver On this 5th day of December , 1988 , before me a Notary Public in and for the State of Colorado, oersonally appeared Donald D. Dodge , Jr . , Ruth D. Dodge , Sallie Dodge Davenport , Diana Dodge Constant and Donald D. Dodge , III known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same , NOTARY PUBLIC FOR THE STA TE OF COLORADO Residing at 1580 Lincoln St . - Denver , CO �!Y -Commission expires : July 2 , 1991 CITY OF BOZEMAN By Its C ly Manager ATTEST: Clerk the_t6m—m1ssfo­n State of Montana : ss. County of Gallatin On this q44 day of 191j, before me, a Notary Public in and for the Statt of Montana, personally appeared James E. Wysocki, City Manager, and Itry Cain Lathrop, Acting Clerk of the Commission, known to me to be the persons who subscribed to in the above written document, and who acknolwedged to- me that they execute he same on the day and year first above .vr''qen. 6 ARY a0A ) 'PUBLIC FOR HE STATE OF ' NPANA MO Residing art Bozeman --."M),-Commiasion expires September 14 , 1990 -3- EASE2 TEMPORARY CONSTRUCTION EASEMENT FOR THE LYMAN CREEK WATER SUPPLY PIPELINE This agreement made and entered into on the day of 19�2, by and between the 1983 Gallatin Dodge Trust and Don D. and Ruth D. Dodge, hereinafter known as "GRANTOR" , and the City of Bozeman, a municipal corporation and political subdivision of the State of Montana, hereinafter referred to as the "GRANTEE" . WITNESSETH: WHEREAS, the GRANTEE desires to install a water supply pipeline for the purpose of diverting water from Lyman Creek to the Lyman Creek Reservoir for use by the City of Bozeman and which will cross portions of C.O.S. #917A, 1144 , and 1264, situated in the NW4 of Section 33, in the SA of Section 28, T1S, R6E, P.M.M. , Gallatin County, Montana; and WHEREAS, the GRANTEE has received an installation, operation, and maintenance easement for said pipeline from the GRANTOR; and WHEREAS, the GRANTEE to install said water supply pipeline will need additional working space for the purposes of stockpiling dirt and materials, and for purposes of general construction installation of pipeline; and WHEREAS, the City desires to use certain property of the GRANTOR to facilitate the construction work required for the aforesaid water supply pipeline. NOW, THEREFORE, in consideration of one dollar ($1.00) and other good and valuable considerations, receipt sufficiency of which are hereby acknowledged, said GRANTOR hereby grants to the GRANTEE, subject to the conditions hereinafter contained, for a period of one year commencing el, / !2 19 1 the following parcel of real estate situated Tin the County of Gallatin, State w+so. x .ryrL¢r d3Lagga, a-nd L3eIIlg 3r(} feEf�.�.�, ! %xtih cc, r following descri on each side trr' bed centerline. �� ttle Beginning at a point which is N4305 -t- he 1284. 77 feet from the S.W. corner of Section 28 , T.1S. , R.6E. , P.M.M. : thence from said point of beginning N28°13106"E a distance of 300.00 feet; thence N42°22 ' 45"E a disance of 75.00 feet; thence N24056145"E a distance of 325.00 feet; thence N21°21145"E a distance of 125. 00 feet; thence N11°21 ' 45"E a distance of 75.00 feet; thence N30016145"E a distance of 267.00 feet; thence N24°49 '07"E a distance of 139. 47 feet; thence N22026145"E a distance of 109.52 feet to a point on the northerly line of said C.O.S. No. 1264, said piont being the end of easement and bearing N34041139"E a distance of 2662 . 14 feet from said S.W. corner of Section 28 , and also being N64024140"E a distance of 233. 31 feet from the northwesterly corner of said C.O.S. No. 1144. It is convenant and agreed that the City or its assigns shall have the option of renewing this agreement upon the same terms and conditions as specified, for an additional period of six (6) months, upon giving notice to the GRANTORS in writing ten (10) days before the expiration of the present term. It is further covenant and agreed as follows: 1 . That said GRANTEE shall occupy the said premises for the purpose of constructing the Lyman Creek Water Supply Pipeline. 2. That said GRANTEE agrees to surrender possession of said premises upon the expiration of this temporary construction easement or any extension thereof and to leave said property substantially the same as it was on the date of this agreement. 3. That said GRANTEE shall indemnify and hold harmless the GRANTORS from any claim or damage which might arise as a result of the construction of the improvement as described herein. IN WITNESS whereof, the GRANTORS have set their hand the day and year first above written. 1983 DODGE GALLATIN TRUST: 'r .By Its Tr es: -�_ ald D. Do ge, Jr. ti Sallie Dodq6 Davenpo t Ruth D. Dodge - Donald D. Dodge, Diana Dodge�Consta 't AND LIF ESTATE: Ruth D. Dodge, Life Tenant Do D. Dodge, Jr. , 1 Life Tenant i -2- EASE2 State of ) ss. County of ) On this day of , 19_, before me a Notary Public in and for the State of personally appeared known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. NOTARY PUBLIC FOR THE STATE OF Residing at My Comission expires: State of Colorado ) . ss . County of Denver ) On this 5th day of December , 1988, before me a Notary Public in and for the State of Colorado, personally appeared Donald D. Dodge , Jr . , Ruth D. Dodge , Sallie Dodge Davenport , Diana Dodge Constant and Donald D. Dodge , III known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same . -'r=-'�Vic. �, ✓��i'�/�C� NOTARY PUBLIC FOR THE STATE OF COLORADO Residing at 1580 Lincoln Street - Denver , CO My Commission expires : July 2 , 1991 CITY OF BOZEMAN By Its C ty Manager ATTEST: Cler of the ommi ion State of Montana ) ss. County of Gallatin ) On this _ day of 194 i, before me, a Notary Public in and fo t e Sta Montana, personally appeared James E. Wysocki, City Manager, and Mary Cain Lathrop, Acting Clerk -of the Commission, known to me to be the persons who subscribed to in the above written document, and who acknolwedged t,o that they execut he same on the day and year first above ^� TARY PUBLI STATE OF M NTANA 'Re.s,iding at Bozeman My Commission expires September 14 , 1990 -3- EASE WTP123 - $726,000 DNRC LOAN CHECKLIST SUBMITTAL LYMAN CREEK PH 111 (1987-89)