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HomeMy WebLinkAbout1985-07-03-BROWNELL S©� ' THE CITY OF BOZEMAN 411 E. MAIN ST. P.p_ BOX 640 PHONE (406J 586-3321 .� BOZEMAN, MONTANA 59715.0640 July 3 , 1985 M.r. Wally Brownell Con--Agra Corporation Box 112 Belgrade, Montana 59714 Dear Mr. Brownell The enclosed easement is submitted for signature to allow the City of Bozeman to relocate a portion of the 18-inch Lyman �M . Creek supply main on your property. As you know, it is _ necessary to relocate the main since the City cannot excavate the existing main to repair a leak which is flooding the grain `. pit. The existing main cannot be excavated since it lies ' about five Feet from the storage warehouse. The construction will begin in about two weeks, after the delivery of materials. I request the easement be signed and returned in the meantime. Thank you for your cooperation. Sincerely, NE I L MAN Ord Engineering officer NM:kn Enclosure cc: Richard C. Holmes, Director of Public Service HOME of MONTANA STATE UNIVERSITY GATEWAY To YELLOWSTONE PARK WATER PIPELINE EASEMENT AND AGREEMENT CONAGRA, a corporation of Box 112 , Belqrade, Montana 59714 , GRANFTOR, in consideration of Ten Dollars ($10. 00) and other good and valuable consideration, receipt of which is acknowledged, grants to the City of Bozeman, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59771-0640, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain a water pipeline 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, fifteen (15) feet wide on each side of a centerline to be located on the following described real property: A tract of land located in the SA Section: 32 , Township l South, Range 6 East, and the VW4 Section 5 , Township 2 South, Range 6 East, P.M.M. , Gallatin County, Montana, as shown on C.O. S. No. 1224 . The centerline is more particularly depicted 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 tunes 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 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 after notification of the Omer, 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; - -2- (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 that (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 pav to GRANTOR 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 top soil from the trenched area to a death of one foot, or to the full depth of the top soil , whichever is less, and stock pile said ton soil for replacement over the trench. It will remove from the site any large rods 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 back- filled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken glace. (3) To lay, construct and maintain said pipeline in such Manner as will not hinder or prevent the proper cultivation of the tract to which this right of way is hereby granted. The GRANTOR agrees that: (1) At no time will they build, construct, erect or maintain any permanent structure within the boundaries of said -3- easement without the prior written consent of the GRANTEE. (2) The GRANTOR 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 . (3) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal reuresentatives, successors and assigns of the parties hereto_ DATED this day of , 1985. CONAGRA, INC. By: , `j It s: Attest: Corporate Secretary STATE OF � ) �vc ,l A 5 SS County of -n } On this Z9-k!!� day of 1485, before me, a Notary Public in and for said St-ate, opersonally appeared :1>- -7. 5 known to me to he the persons whose names are subscribed to the within instrument, and acknowledged to me that then executed the same. lotary Public ar the State e�f�Nor�^r-siat.diiebns�s' of ��Jcbsc�,slC.� . ANGSA.�.COT i Erb My DMIM.EXA Oct 2L 1986 Residing at: '>oc -. [R5 C�G1 -01,VA44 My Commission Expires : or- * -7/I /y8'(=1 CITY OF BOZEMAN By Its: City Manager ATTEST: Clerk of the Commission STATE OF MONTANA � ss County of Gallatin ) On this day of 1985 , before me, a ?rotary Public in and for said State, personally appeared JAMES E. WYSOCKI and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the Commission for the City of Bozeman, and acknowledged to me that they executed this instrument on behalf of said City. Notary Public for the State of ?Montana Residing at: Bozeman, MT My Commission Expires: EXHIBIT A WATER MAIN EASEMENT CITY OF BOZEMAN ENGINEERING OFFICE GRAIN STORAGE BUILDING 10.5' hl � I � I SCALE, I" a 20' I I R ——— -------------,. —————— I EASEMENT CENTERLINE 4� 15, E 18" WATER MAIN NBI°43�� 31 7 9 45' 2 f � I 6 I 5 ,� 1 I — - -- ---------.,..---r.,--- --,.,.,, -- —.,...—....,. — GRAIN PUMP ELEVATOR t ROUSE GRAIN STORAGE BUILDING a � '