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HomeMy WebLinkAbout2015-06-05-TREATMANT PLANT FLOW MEASUREMENT FOR LYMAN CREEK I /hh Brian Heaston From: Brian Heaston Sent: Friday, June 05, 2:015 7:42 AM To: 'Scott.Buecker@AE2S.com'; Michalek, Thomas Subject: lyman discharge Attachments: 0354_001.pdf Attached was provided by Randy Morin. It's the ratings tables the treatment plant staff has used for flow measurement at Lyman. 1 it C Table A7-4. Discharge of 900 V-notch weirs, in fP/sec,computed from the formula 0=249ir I Head Discharge Head Discharge Head Discharge Head Discharge H,fr Q,fi'/sec H,fr Q,W/sec H,ft Q.f slsec H.f4 Q.ffl/sec 020 0.046 0.65 0.856 1.10 3.15 1.55 7.38 .21 .052 .66 .889 1.11 323 1.56 7.50 .22 .058 .67 .922 1.12 3.30 1.57 7.62 .23 .065 .68 .957 1.13 3.37 1.58 7.74 24 .072 .69 .992 1.14 3.45 1.59 7.86 25 .080 .70 1.03 1.15 3.52 1.60 7.99 26 .088 .71 1.08 1.16 3.60 1.61 8.11 .27 .097 .72 1.10 1.17 3.68 1.62 824 28 .106 .73 1.14 1.18 3.75 1.63 8.36 29 .116 .74 1.18 1.19 3.83 1.64 8.49 _30 .126 .75 122 120 3.91 1.65 8.62 .31 .136 .76 126 1.21 3.99 1.66 8.75 .32 .148 .77 1.30 122 4.08 1.67 8.88 .33 .159 .78 1.34 1.23 4.16 1.68 9.02 .34 .172 .79 1.39 124 425 1.69 9.15 .35 .184 .80 1.43 125 4.33 1.70 928 .36 .198 .81 1.48 126 4.42 1,71 9.42 .37 212 .82 1.52 127 4.50 1.72 9.56 .38 226 .83 1.57 128 4.59 1.73 9.70 .39 .241 .84 1.62 129 4.68 1.74 9.83 .40 257 .85 1.66 1.30 4.77-< 1.75 9.98 A 1 273 .86 1.71 1.31 4.66 1.76 10.1 .42 290 .97 1.76 1.32 4.96 1.77 10.3 4.33 --_5.05 - -1.78 - 10+4 - ---- _ .44 .325 .89 1.87 1.34 5.15 1.79 10.6 .45 .344 .90 1.92 1.35 524 1.80 10.7 .46 .363 _91 1.97 1.36 5.34 1.81 10.8 .47 .383 .92 2.02 1.37 5.44 1.82 11.0 AB .403 .93 2.08 1.38 5-53 1.83 11.1 .49 .425 .94 2.14 1.39 5.63 1.84 11.3 .50 .446 .95 2.19 1.40 5.74 1.85 11.4 .51 .469 .96 225 1.41 5.84 1.86 11.6 .62 A92 .97 Z31 1.42 5.94 1.87 11.8 .53 .516 .9B Z37 1.43 6.05 1.88 11.9 .54 .540 .99 2.43 1.44 6.15 1.89 12.1 .55 .565 1.00 2.49 1.45 626 1.90 122 .56 .591 1.01 2.55 1.46 6.36 1.91 12.4 .57 .618 1.02 2.62 1.47 6.47 1.92 12.6 .58 .645 1.03 Z68 1.4B 6.58 1.93 12.7 .59 .673 1.04 2.74 1.49 6.69 1.94 12.9 .60 .701 1.05 2.81 1.50 6.81 1.95 13.0 .61 .731 1.06 2.88 1.51 6.92 1.96 13-2 .62 .761 1.07 2.94 1.52 7.03 1.97 13.4 .63 J92 1.08 3.01 1.53 7.15 1.98 13.5 .64 .823 1.09 3.08 1.54 727 1.99 13.7 ^ �� \ �,vY�f ^^ �� V � ~ ' le ?-Free Flow Through Pmrsh*all Meaourk `lnmea Upper head, ha Throat Width "=` approx. ~ in. _ ft_ - injeubic feet per second ' . � l 3� U� mm m� _ _ _ _ _ _ _ _ _ - ll l 5/I0 0.033 0.06 0.10 ------- -- '-' --- ------- --- --. ___ __. .I2 l 7/10 0.007 0J7 0.12 ----- ....... ------- ....... ------- ------- __ __ ....... .13 l 9/16 0.042 0.00 0.14 ------- _' '-- ------- ------- ------- ------- ------- --' .l& 111/16 0.047 809 0.15 ------- ------- ....... ------- -_ ------- ------- ---' ....... .l5 113/1 0.053 0.0 0.27 ....... '-- '-- ------- -- __ _' __ -_ .16 115/10 0.058 &ll 0.18 ------- ....... ------- ------- ------- ...... __. __ -_- .l7 2 l/lO 0.064 0.12 0.20 --' -- '-- --- --- --' '---- ------- ...... l8 2 3/16 0.070 0.14 0.22 _' ------- _' ------- ------- ....... ------- -- -__ . .l9 2 1/4 0.070 0.15 0.24 ------- -- ------- -_--- --' --- --' --- __' .20 2 3/8 0882 0.18 0.26 0.35 0.00 0.97 1.20 -- -- ------- _' _- ! .2l 2 1/2 0.089 0.18 0.28 0.37 0J1 1/0-4 120 --' ------- ------- --. --. � p .22 2 5/8 0.085 0.19 0.30 0.40 0.77 1l2 1.47 ....... ------- ------- ------- -- | c)J Z 3/4 0.02 0.20 0.32 0.43 0.82 l�V 1.58 -- ------- ------- --- --' 24 2 7/8 0.109 0.22 0.35 0.40 0.88 1.28 1.08 ....... --. --' -- _.. ! .25 3 0l17 0.23 0.37 0.49 0.93 1.37 1.80 2.22 2.63 ------- _ _ / Table 7--(Ckonmfinuwd) Upper head, ha 0��-�Throat Width FIbkv I$ cubic feet per second 8.46 9.83 11.2 13y 8.72 111 11.5 14.3 54 8.98 10.5 ll.} 14.8 oo n ovn T23 Fou 3.D 470 OU 774 9.25 10.8 22.2 15.2 .56 O 3/4 0.404 0.82 1.26 1.66 8.2* 4.84 6.41 7.97 9.52 11.1 lIO 15? .57 613/10 0.415 0.85 1.30 lJV 3.35 4.98 8.59 8.20 9.79 11.4 13.0 10.1 .S0 015/16 �42/ 087 l��' l?�' 344 Sll 0�? 8�3 lVl ll7 133 160 � 59 7 l/lO 0438 088 137 180 104 lIO 137 lTl 10.0 12.4 14l 17.5 zu ' 0.462 0.94 1.44 1.88 3.72 5.50 7.34 9.13. 10.9 127 14.5 18.0 .ou 77718 0.474 0.87 1.48 1.93 3.81 5.08 7.53 9.37 ll.2 13.0 14.0 10.5 .83 78/16 0.485 0.98 1.51 1.90 331 5.82 7J2 9,01 llJ 13.4 15.2 19.0 1.02 1.55 2.03 4.01 5.97 7.91 8.85 11.8 1I7 15.0 19.5 _ 12.1 14.1 10.0 19.9 FILM 107P4GE 113 ACCESS EASEMENT FOR THE LYMAN CREEK WATER SUPPLY PIPELINE Access easement and right-of-way agreement made and entered into this loth day of J�alv, 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, which property is subject to an easement between the parties hereto for the Lyman Creek Water Supply Pipeline, and. which property is more particularly described hereinafter; and WHEREAS, the Grantee desires to have access to the previously established easement and right-of-way agreement for the Lyman Creek Water Supply Pipeline for the purpose of constructing, installing, operating, using, repairing, replacing and maintaining its public water supply pipeline and appurtenances; and WHEREAS, Grantee desires to acquire from Grantors, and the Grantors are willing to grant to the Grantee said access easement and right-of-way for said purposes 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 Grantee, 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 access easement to be used for City authorized operations and maintenance for said water supply pipeline and which is described as follows: Centerline Description of Access Easement A 30' wide access easement across Tract A-1 of COS No. 917-A and Tract 1 of COS No. 1144A all situated in the W' of section 28 and the NW4 of Section 33, TlS, R6E, PMM, Gallatin County, MT, and being 15 feet on each side of the following described centerline: Beginning at a point which is S01°32'29"E a distance of 10.00 feet from the SW corner of Section 28, T1S, R6E, FILM i67PAGE i, 4 PMM, said point also being on the westerlv line of said Section 33; thence from said true point of beginning along a curve to the left with a radius of ?4.89 feet a distance of 33.70 feet; thence N10153'16"E a distance of 556.57 feet; thence NO1037'11"W a distance of 278.20 feet; thence along a curve to the right with a radius of 1920.00 feet a distance of 1481.32 feet; thence N42°35"08"E a distance of 468.60 feet; thence along a curve to the left with a radius of 500.00 feet a distance of 89.69 feet; thence N32118'03"E a distance of 415.48 feet and N43°43'31"E a distance of 81.48 feet to a point on the easterly line of Tract 1 of Certificate of Survey No. 1144A. Said point being end of easement. A diagram of said access easement as surveyed is attached hereto as Exhibit "A" and which is hereby incorporated by this reference into this easement as though fully set forth herein. However, the written description shall govern the diagram in the event of any discrepancy. The Grantee hereunder may improve the road to provide for all-weather access to said easement. Grantee agrees that all authorized vehicles must stay within the boundaries of said easement traded herein. Grantee agrees that the easement is for City-authorized operations and maintenance only, and shall endeavor to restrict the use of said easement by unauthorized individuals. 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 peacefully 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, administrators, successors and assigns of the Grantors and upon the successors and assigns of the Grantee forever. . IN WITNESS WHEREOF, the Grantors have hereunto set their hand the day and year first above written. 1983 DODGE GALLATIN TRUST: (� By Its Trustees: t /l t r .�5. �. \ , i` (� : J rz��i r. -LiI v��t�G• � rw•f rt�cr !'" Donald D. Dodge, Jr. :.Sallie Dodge Qbvenport V) -2- FILM i07?A'i;E U5 Ruth D. Dodge ald D. Dodge, II Diana Dodge Constany .f+ AND LIFE ESTATE: ! Ruth D. Dodge, Li ff Tenant Donald D. Dodge, Jr. I Life Tenant STATE OF COLORADO ) : ss. County of Denver ) On this 12thday of May 1989, 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 or proven 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 COLORADO ,Residing -at 1580 Lincoln Street #1120 - Denver, CO 80203 My. Commission expires: July 2, 1991 -. CITY OF BOZEMAN By Its ity Manager ATTEST: i Clerk of the Commission STATE OF MODITANA ) . SS. County of Gallatin ) On this & day of 1989, before me, a Notary Public in and for the State Lana, personally appeared James E. Wysocki, City Manager, and Robin L. Sullivan, Clerk of the Commission, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they exec the same. NOTARM PUBLIC FOR^ H STATE OF MONTANA Residing at Bozeman My Commission expires August 4, 1989 -3- EXHIBIT MAP FILM , 07FA6f 116 A 30.00' WIDE ACCESS EASEMENT ACROSS TRACT A-1 OF COS No. 917-A 8 TRACT A OF COS NO. 1144A ALL SITUATED IN THE NWIi4 OF SECTION 33 a THE WI/2 OF SECTION 28, TIS, R6E, PMM, GALLATIN COUNTY, MONTANA N 1/16 CDR TO NW 1/16 COR SEC 28 SECS. 28 a 29 i•, n m n' CITY OF BOZEMAN _N N 43.43'3 1'E 8I.48' N 32.18'03'E m 4I. 46'-'� / m o A•10.16'38' M W 1/4 CDR SEC 28 R. 00.00' L 89.69' C-W 1/16 CDR SEC 28 f SCALE: 1' •500' N 42.35'08•E 468.60 - - �. C/L OF NEW ROAD EASEMENT / / TRACT I / COS NO 1064A { /A•44.12' 1ppLL / R•1920 40'•L•1481..�2' ISW 1/16 COR SEC 28 C-S 1/16 COR SEC 2 C/L OF EXISTING ROADWAY O •3T' 1I'W TRACT I COS NO. 1144A N 10.53' 16•E 556.37 SEC CDR TO SECS 28,29.32 8 33 _I/ P.D.6 S 1/4 COR SEC 20 p•77.3358' R•24.69' CITY OF BOZEMAN L•33.70' TRACT A--1 OF COS NO. 917—A Centerline Description of Access Easement A 30.00 feet wide access easement across Tract A-1 of COS No. 917-A and Tract 1 of COS No. 1144A all situated in the W§ of Section 28 and the NW} of Section 33, T1S, R6E, PMM, Gallatin County, MT, and being 15.00 feet on each side of the following described centerline: i Beginning at a point which is SO1°32'29"E a distance of 10.00 feet from the SW corner of Section 28, US, R6E, PMM, said point also being on the westerly line of said Section 33; thence from said true point of beginning along a curve to the left with a radius of 24.89 feet a distance of 33.70 feet; thence N10053116"E a distance of 556.57 feet; thence N01°37111"W a distance of 278.20 feet; thence along a curve to the right with a radius of 1920.00 feet a distance of 1481.32 feet; thence N42035"08"E a distance of 468.60 feet; thence along a curve to the left with a radius of 500.00 feet "! a distance of 89.69 feet; thence N32018'03"E a distance of 415.48 feet and N43043'31"E a distance of 81.48 feet to a point on the easterly line of Tract 1 of Certificate of p Survey No. 1144A. Said point being end of easement. }. 1 EXHIBIT A �// ,��ll�'Zea�f 1Z7 State of Mont.. County rf f?:,Q.atitt. sa Filed for record_. July 23th x1l1�r.20A Q*1 I"SU07f 'T : 13P iV9 LJ�rrE Rcrorder 8y nuslt RT: City of Bozeman $25.00 i i I I I I I i FILM 104PAGE4311 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 , 19 ,99 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." T-,ITNESSETH: 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.k 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 f 111 104, 12 "Beginning at a point on the west line of said Section 33, said point being S00°50'41"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 160.00' radius curve to the left, the tangent of which bears S89012'07"E, through a central angle of 72017'53", for an arc length of 201.89 feet; thence N18°30'00"E a distance of 300.00 feet; thence N05°28'52"E a distance of 216.93 feet; thence along a. 286.50 foot radius curve to the right, the tangent of which bears N05°36104"E, through a central angle of 60°00'00", for an arc length of 300.02 feet; thence N65°36'04"E a distance of 100.00 feet; thence alonga 559.00 foot radius curve to the left, through a central angle of 20°30'00", for an arc length of 200.00 feet; thence along a 286.50 foot radius curve to the left through a central angle of 14°30'00", for an arc length of 72.51 feet; thence N25046154"E a distance of 341.46 feet; thence N28°13"06'E a distance of 300.00 feet; thence N42011'45"E a distance of 75.00 feet; thence N24°56'45"E a distance of 325.00 .feet; thence N21°21'45"E a distance of 125.00 feet; thence N11°21'45"E a distance of 75.00 feet; thence N30°16'45"E a distance of 267.00 feet; thence N2.4049107"E a distance of 139.47 feet; thence N22'26'45"E a distance of 109.52 feet to a point on the northerly line of said C.O.S. 1.264, said point being the end of said easement, and bearing N34°41'39"E a distance of 2662.14 feet from said S.W. corner of Section 28, and also being N64°24'40"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 thev 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 GRANTFE 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: Trustees( SALLIE DODGE DAVENPORT DSO ) LD D. DODGE, JR. RUTH D. DODGE DIANA DODCE CO TANT DG3NALD D. DODGE';` III -2- EASE FILM 104?Ag431.3 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 PUBL-TC 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. NOTARY-PUBLIC FOR THE STATE OF COLORADO at 1580 Lincoln St. - Denver, CO 4 -swmission expires: July 2, 1991 CITY OF BOZEMAN BY Its City Manager y ATTEST: f� Clerk f the Commission State of Montana ) ss. County of Gallatin ) On this day of ���' , 191j, before me, a Notary Public in and for the Statl& 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 ine' kkat. they execute he same on the day and year first above "W4YVV C FOR ' HE STATE OF PION NA ?7esiding-�C Bozeman M17C.9mmi&sion expires September 14, 1990 -3- EASE2 j �V� ` y4994 tN0 t FILM 104PAGE4,314 .n . State of Montana t ss. County of Gallatin Fileca. Feb_rua, ry 21 19 89 at--!,:57 --_�. �.1.,and Recccdej in t:cc,!<-_-- 104 __-- —of __.MISCELLANEOUS_ Ue?:,:y rQe%- 2_0..Q.Q_ ___.`- — —- Rt: City of Bozeman • FILM 104PAGE4307 TEMPORARY CONSTRUCTION EASEMENT FOR THE LYMAN CREEK WATER SUPPLY PIPELINE This agreement made and entered into on the 41nc 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 NWk of Section 33, in the SW; 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 J_, 19SI the following parcel of real estate situated in the County of Gallatin, State of Montana, and more particuarly described as: A 100-foot wide construction easement for the purpose of constructing a water supply main across a portion of C.O.S. No. 1144 and 1264 situated in the S.W. ; of Section 28, T.1S. , R.6E. , P.M.M. , Gallatin County, Montana, and being 50 feet on each side of the following described centerline. Beginning at a point which is N43°53'23"E a distance of -1- EASE FILM 104PAGE430 8 1284.77 feet from the S.W. corner of Section 28, T.lS., R.6E. , P.M.M.: thence from said point of beginning N28°13'06"E a distance of 300.00 feet; thence N42°22'45"E a disance 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 Nll°21'45"E a distance of 75.00 feet; thence N30°16'45"E a distance of 267.00 feet; thence N24'49'07"E a distance of 139.47 feet; thence N22026'45"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 N34'41'39"E a distance of 2662.14 feet from said S.W. corner of Section 28, and also being N64124140"E a distance of 233.31 feet from the northwesterly corner of said C.O.S. No. 1144. It is conversant 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: By Its Trustees_: C' . Do ge, Jr. ` Sallie D�LDavenpb tf�, Ruth D. Dodge I Donald D. 'Dodge, I Diana Dodge Const t AND LIF$ ESTATE: Ruth D. Dodge, Life/Tenant Do D. Dodge, Jr. , ti Life Tenant li V -2- EASE2 M FILM. iftAGE4309 State of ) . ss. County of ) On this day of 19_, before me a Notary Public in and for the State of appeared fpersonally 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. . w�NOET,pP� _,,, 8b1C FOR THE STATE OF COLORADO 1� 3 wi}Tg-,at_ 1580 Lincoln Street - Denver, CO Mrniss2�n expires: July 2, 1991 n CITY OF BOZEMAN By Its C ty Manager ATTEST: &�4 6,_ dCler of_ the ommi ion State of Montana ) . ss. County of Gallatin ) On this .1� day of 104 ? before me, a Notary Public in and fo 4th�eSt.t ,,,_nf Montana, personally apeared James E. Wysocki, City Manager, and Mary Cain Lathrop, Acting the Commission, known to me to be the persons who ,;A',anb's to in the above written document, and who acknolledged _ crz they execut he same on the day and Year first above TARY.` BLI -i� STATE OF MONTANA ' ,5�33a4�g' at Bozeman 'my;..Cbmmission expires September 14., 1990 -3` EASE + t, 0./ State of Montana 44Z ` County of Galintin filed- February 21 1989 at 1 p.,56-- _-- _—. _P.._%!.,and Reccr:iad it : . _ 04-. ....--- —of MISCELLANEOUS. 4307 By Deputy Fet, 20_.00 - Rt: City of Bozeman F N 1.0-'7?AcF- 14.3 ACCESS EASEMENT FOR THE LYMAN CREEK WATER SUPPLY PIPELINE Access easement and right-of-way agreement made and entered into this loth day of ,UI.y , 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, which property is subject* to an easement between the parties hereto for the Lyman Creek Water Supply Pipeline, and which property is more particularly described hereinafter; and WHEREAS, the Grantee desires to have access to the previously established easement and right--of-way agreement for the Lyman Creek Water Supply Pipeline for the purpose of constructing, installing, operating, using, repairing, replacing and maintaining its public water supply pipeline and appurtenances; and WHEREAS, Grantee desires to acquire from Grantors, and the Grantors are willing to grant to the Grantee said access easement and right-of-way for said purposes 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 Grantee, 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 access easement to be used for City authorized operations and maintenance for said water supply pipeline and which is described as follows: Centerline Description of Access Easement A 30' wide access easement across Tract A-1 of COS No. 9.17-A and Tract l of COS No. 1144A all situated in the -A of Section 28 and the NWh of Section 33, Tls, ME, PMM, Gallatin County, MT, and being 15 feet on each side of the following described centerline: Beginning at a point which is S0103212911E a distance of 10.00 feet from the SW earner of Section 28, T1S, R6E, Y PMM, said point also being on the westerly line of said Section 33; thence from said true point of beginning along a curve to the left with a radius of 24.89 feet a distance of 33.70 feet; thence N10053'16"E a distance of 556.57 feet; thence N01037111"W a distance of 278.20 feet; thence along a curve to the right with a radius of 1920.00 feet a distance of 1481.32 feet; thence N42135"08"E a distance of 468.60 feet; thence along a curve to the left with a radius of 500.00 feet a distance of 89.69 feet; thence N32118103"E a distance of 415.48 feet and N43°43' 31"E a distance of 81.48 feet to a point on the easterly line of Tract 1 of Certificate of Survey No. 1144A. Said point being end of easement. A diagram of said access easement as surveyed is attached hereto as Exhibit "A" and which is hereby incorporated by this reference into this easement as though fully set forth herein. However, the written description shall govern the diagram in the event of any discrepancy. The Grantee hereunder may improve the road to provide for all-weather access to said easement. Grantee agrees that all authorized vehicles must stay within the boundaries of said easement traded herein. Grantee agrees that the easement is for City-authorized operations and maintenance ,only, and shall endeavor to restrict the use of said easement by unauthorized individuals. 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 peacefully 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, administrators, successors and assigns of.the Grantors and upon i the successors and assigns of the Grantee forever. IN WITNESS WHEREOP, the Grantors have hereunto set their . hand the day and year- first .above written. 198.3 DODGE GALLATIN TRUST: gy h Trust . -- - Dona d D. Dodge, Jr ,Sal ie Dodge Ovenport - -2- Rut D. Dodge ald D. Dodge, II Tana Dodge Consta AND IFE­ESTATE: � l Ruth D. Dodge, Li Tenant Dona d D. Do ge, Jx. Life Tenant STATE OF COLORADO ) ss. County of Denver } On this 12th day of May , 1989, 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 or Proven to me to be the persons whose names are subscribed to the %r ;tn instrument and acknowledged to me that they executed the NOTAc, t,IC FOR- HE STATE OF COLORADO a 1580' Lincoln Street #1120 - Denver, CO 80203 � bti�isrs on expires: July 2, 1991 _.. _.o $ CITY OF BOZEMAN qfi By v. Its ity Manager ATTEST: *ero f. the Commission STATE OF MONTANA ) ss. County of Gallatin ) Or) this day of , 1989, before me, a Notary Public in and for the State ofUMontanat personally appeared James E. Wysocki, City Manager, and Robin L. Sullivan, Clerk of the Commission, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed thqr. same. NOTA , pBLI FO H STATE OF MONTANA Rem Ylg` at; Bozeman M$` bt{ttn n expires August 4, 1989 e, -3- 'd �ISIHX�3 '4uaul9sea 0 Pua 6utaq jutod PteS •VOVIT 'ON RBA.'nS J0 BIRD IJa0 Jo T 43eal Jo autl 9IJaIse8 a4l uo Jutod P 61 jaa3 90-18 jo a3ue4stp P 3,,T£,0o£bN Pue 49aJ OV 9 9 A 03u)e4stp a 3u003T6Z£N ajua41 `1943 69'68 30 83ue4stp e 4aaJ 00'009 30 SntPPJ a 441M IJal a4l 04 aAana a 6uOLe 03ua43 :.laaA 09'890 3o a3uelsrp e 3o80eS£oZVN 03ua4l :4901 Z£'TBtT 10 9304stp a 40ai° 00'OUT 30 sntppj p 41tM l46t,a a4a ol' OA= a 6uole aOuo4-4 `•Iaaj' OZ'8LZ JO ajuVIStp a M,,TT�L£otON a3ua41 :10ai. 19'999 10 ajutelstP a 3n9T,£SQOIN aju844 :�aa� Ol_`££ jo a3uplstp a laaj 68'bZ jo sntpea P 44!M lie[ a4l of aAjn3 a 6uo1e Butuut6aq 3o 4utod anil p}es wool 03ua4l `:££. UOLJjaS, Ples 30 Bull KtJaZsam a4l uo 6utaq osle Jutod pees `WWd `3% `STl 18Z uo1 3�S ;o .�au.�03 MS 844 wo.AJ IaBJ 40•pT 3o 93uelstp a 3n6Z,Z£oTOS St 43L4M Iutod a 3e 6utuut6aq :au�laa�uaa pogtj3sap 6utMolloj aqj jo opts 43e8, ua laaj 00.91 6utaq pup '1W IIK unoO utIekke9 `WWd `398 `ST1 `££ uotI39S 30 IMN 944 PUP 82 uot4.38S J0 fM 044 ut pa4pnIts lie VVVTT 'ON SOD 30 T Veal Pug V-L16 'ON SOO Ja T-V 43e.Al ssoa3e juawasea ssaa3e optM 38aj OO'0£ V 4uawase3 ssa33V jo uotldtiosaa 9utlJa4ua0 V-1/6 'ON 500 d0 I-V J OVY1 NM3Z08 .90 Al10 ,69 IMM 9Z 039 M00 4/i .f9,C£.Cl•Via.0Ld 8 -- £4 7 at<'dZ'f2 9038 01 V00 088 3.91 eq.01 if V001 1 'ON SOO l 101y2i1 Ad z .• /l AVMQVOM ONt1SIX3 30 1/3^.�,, .Z 339 003 91/1 6-0 8Z 036 M00 91/1 AS ,Z�'t 881•'! OZBi•M ZI.r1,V ; V09071 ON SOO ! 10 t/!!1AAN" N" 36r3 OVOM 1 AM 40 v0 i ,4f.2 N ,00(;`.1 :31VOS ' 8Z 332 M00 91/1 M-S k s8•g8-i 40.009•M 92 036 M09 */I Aw .92,91.01•V �.1 / O 0 3.RO.01.Zf N 9i•16 3.1£,£b.0 N NV;V3Z08 d0 AI!O - N- u v w 92 33S M00 91/1 /AN 01 NOD291/13N VNVINOW 'AINnoO NI1V'I'IVD 'WWd '39V 'SI1 '9Z N01103S d0 `Z/Ii#-3 fa 4" ££ NO 1103S d0 t/IMN 3H1 NI 031m i S "iiv Vbb I 1 'ON SOO 30 V 10Vu1 6 V—L16 'ON SOO d0 1—V 13M SSOUOV 1N3W3SV3 SS300V 301M ,00'0£ V dVW 119 1 Nx 3 -- - . - :TV '4 W 200884 State of Mont., County of Gallatin. ss Filed for record Jul�28th fM 89 at 11:20A M., and recorded in Book 107 of MISCELLAN"' pag Recorder. BY nerd► RT: City of Bozeman $25. 00 6 ■ i 7 ..Con Interoffice Agrao intern k �Y its To: J. Satterwhite Date: July 30 , 1985 From: D. T. Peters Subject: WATER PIPELINE EASEMENT— BOZEMAN, MONTANA Copy To: Enclosed, herewith, is the signed and notarized Agreement sent to me under date of July 18 , 1985. We Build on Basics ryrusr� in5i�e yr outsiue trie- oounuaries oz the easement after notification of the Owner, 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 pay to GRANTOR I 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 depth of one foot, or to the full depth of the top soil, whichever is less, and stock pile said top soil for replacement over the trench. It will remove .from the site anv 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 back- filled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. (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 enjov the rights and privileges herein granted without any interruption by the GRANTOR. i 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 1985. CONAGRA, INC.' i By: Its- Attest: Corporate Secretary STATE OF M�A ) �ac•�LA 5 ss County of _ ) On this 9,,,.,9 day of cE , 1985, before me, a Notary Public in and for said _ate, ersonally appeared =:% '7, -1�,�-� -ccL .s 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 or - the State �ftwt�oranr-s�•�•�aHetif•:�. of ANCELA I COT;ER _ 1 sfMyCamm.Exp.Oft 21, 1936 Residing at: �dcuitRs Cry -Q/rJA/If1 My Commission Expires: c c-k .7/� /y8'6=' -4- 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 Notary 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 : CON110,linO 39V801S NIV80 3sn0H NOIVA313 dvynd NIV80 9 gt,'6L 19 lo*ze 4—lb -V.19 '4 AM=== on mm ammommz= m mm RE!MCM7 NIVV4 831VM ,91 3NI'183IN30 1N3V43SV3 --——————————————- OZ = ,,I :3-IVOS I 's-of I 9NIG-Iin9 30VU01S NIV89 3013j0 ON1833NION3 NVIN3Z08 Jo Ain 1N�A3SV� NIVA E iVM V ilGIHX� WATER PIPELINE EASEMENT AND AGREEMENT CONAGRA, a corporation of Box 112, Belgrade, Montana 59714 , GRANTOR, 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 SW14 Section 32, Township 1 South, Range 6 East, and the N194 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 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 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 Owner, which may, in the oninion of the GRANTEE, interfere or threaten to interfere with or be hazardous to the construction, operation and maintenance of the pipeline; -2- (3) Gr4de 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 pay 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 depth of one foot, or tq the full depth of the top soil, whichever is less, and stock pile 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 re-mains 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 place. (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 apy 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 representatives, successors and assigns of the parties hereto. 01 DATED this day of 992 CON-AGRA CORPORATION By: Its: Attest: Corporate Secretary STATE OF MONTANA ) ss County of Gallatin ) On this day of 1992 , before me, a Notary Public in and for said State, 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 Montana i Residing at: My Commission Expires: -4- CITY OF BOZEDIAN By Its: City Manager ATTEST: Clerk of the Commission STATE OF MONTANA ) ss County of Gallatin ) On this day of , 1992 , before me, a Notary 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: CF9)NIO-ims 30V601S NIV80 3SnOH 801VA:113 dwnd --———————————————————————-- ————————————— 7 9 12 1029 — -0019 N NIVV4 831VM ,81 3NI183IN30 IN3VJ3SV3 --————————————————————— IOZ = ,,I :31VOS ONIOImB 30V801S NIVH9 30IJ-zlO 0NI832NION3 NVVY3Z08 JO kilo iNIAPSV� NIVA 8- i= V i181HX3 Stato of Allont., County of Gallatin. ss Filed for record° Feb . ►'3Lt1 1°3rAtitl.Fj® 'AND 15 19 83 at.! : 50P "1 and recorded in t. 74 f p6A iED MISC . paflel758 o ee -0- Gar W. Pringle Recorder Rt : City of Bozeman BY y '�m..enepufy EASEMENT AND RIGHT OF WAY A REEMENT FOR A WATER LINE THIS AGREEMENT, Made and entered into this _may day of December A. D. 19 82, by and between Bozeman Livestock Company, Inc. party of the first part, hereinafter called the Grantor and THE CITY OF BOZEMAN, a municipal corpor- ation of the State of Montana, in Gallatin County, the party of the second part, hereinafter called the Grantee. W I T N E S S E T H : WHEREAS, The Grantor is the legal record title owner of a portion of Section 6, T2S, R6E, HPN WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install a water line and necessary appurtenances to serve various properties located within the northeast portion to the City of Bozeman and one or more such lines would run across the Grantors land; and WHEREAS, The Grantee desires to acquire from the Grantor , and the Grantor is willing to grant to the Grantee an' ease- ment and right 6 way across the above described property of the Grantor , and its heirs, executors, administrators, successors , and assigns, for the purpose of installing, operating, using, repair- ing, replacing, maintaining, and removing said water line and appurtenances and for such other rights of access and incidental rights as are hereinafter described, all as hereinafter more particul- arly provided. NOW, THEREFORE, in consideration of the sum of $ -- and other considerations 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, sold, conveyed, and confirmed and by these presents does hereby grant, bargain, sell , convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges forever: 1 . A perpetual, easement and right of way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a_ water line thereto upon and across the above described property .of tie Grantor , said easement and right of way to consist of a strip of land 30 (thirty) feet in width being more particularly described as follows : Beginning at the Northeast corner of ection 6, Township 2 South, Range 6 East, P.M.M. , thence South 14 59' 53" West, a distance of 674.52 feet to the true point of beginning; said point being on the centerline of a thirty (30) foot wide permanent easement an� a sixty (60) foot wide construction easement, thence Soutg 24 35' 34" West, a distance of 20.00 feet; thence South 20 24' 26" East, a distance of 103.00 feet; thence �outh 69 35' 34" West, a distance of 103.00 feet; thence South 24 35' 34" West, a distance of 20.00 feet to the end of the permanent easement. Said permanent easement contains 0. 169 acres. EASEMENT AND RIGHT OF WAY AGREEMENT FOR A WATER LINE THIS AGREEMENT, Made and entered into this ist day of December A. D. 19 82 , by and between Bozeman Livestock Company Lnc_,_ party_ of the first part, hereinafter called the Grantor_ and THE CITY OF BOZEMAN, a municipal corpor- ation of the State of Montana, in Gallatin County, the party of the second part, hereinafter called the Grantee. W I T N E S S E T H : WHEREAS, The Grantor__ ^_is the legsl record title owner of a portion of Section 6, T2S, R6E, MPM WHEREAS, The Grantee, in the exercise of its mower and authority as a municipality of the State of Montana , proposes try construct and install a water line and necessary appurtenances to serve various properties located within the northeast portion to the City of Bozeman and one or more such lines would lrun across the Grantors land; and WHEREAS, The Grantee desires to acquire from the Grantor , and the Grantor- _ is willing to grant to the Grantee an ease- ment and right of way across the above described property of the Grantor ., and _ its heirs , executors , administrators , successors , and assigns , for the purpose of installing, operating, using, repair- ing, replacing, maintaining, and removing said water line _ and appurtenances and for such other rights of access arid incidental rights as are hereinafter described, all as hereinafter more particul- arly provided. NOW, THEREFORE, in consideration of the sum of $ and other considerations in hand paid by the City of Bozerr7an, the receipt whereof is hereby acknowledged, and in further consideration of the covenants and agreerrrents between the parties hereto, the Grantor has T granted, bargained, sold , conveyed, and confirm-arid by these presents does hereby grant, bargain, sell , convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges forever: 1. A perpetual easement and right of way for the purpose of installing, operating, using, repairing, replacing, maintaining and removing a _ water line thereto upon and across the above described property of she Grantor , said easement and right of way to consist of a strip of land 30 (thirty) feet in width being more particularly descr bed as follows: Beginning at the Northeast corner of �ection 6, Township 2 South, Range 6 East, P.M.M. , thence South 14 59' 53" West, a distance of 674.52 feet to the true point of beginning; said point being on the centerline of a thirty (30) foot wide permanent easement an a sixty (60) foot wide construction easement, thence Soutg 24 35' 34" West, a distance of 20.00 feet; thence South 20 24' 26" East, a distance of 103.00 feet; thence bSouth 69 35' 34" West, a distance of 103.00 feet; thence South 24 35' 34" West, a distance of 20.00 feet to the end of the permanent easement. Said permanent easement contains 0. 169 acres. 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of installing, operating, using, repairing, replacing and maintaining said -water—Line and for the removing of same if and when desired by the Grantee, its successors and assigns: TO HAVE AND TO HOLD the above described right of way with all the appurtenances and privileges unto the said Grantee and to its successors and assigns forever. The Grantee hereby covenants and agrees with the Grantor as folle)ws: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing, of said water line it will replace at its sole expense, all existing fences, ditches and other appur- tenances of said land that may be disturbed by its operation in a condition equal to the condition thereof existing befnre said operations were begun, or as near thereto as shall be reasonably possible. 2. That, during operations involving excavation, it will remove the topsoil from the trench area to a depth of one foot, or to the full depth of the topsoil whichever is less, and stockpile said topsoil for replacement over the trench, and will remove from the site any large rocks or surplus excavated material or any kind of debris that may have been exposed by the excavation and remaining after backfi.11ing is completed and will leave the finished surface in substan- tially 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, use and maintain said water line in such manner as will not hinder or prevent the proper cultivation of the tract through which this right of way is hereby granted. 4. In the event that it shoLid become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replacing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. -2- 5® 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 structure over or above the said water line unless such structure is built , constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintainunce , replacement and removal of said water line 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any Interruption by the Grantor_ or his successors and assigns. 3. That they have been lawfully seized of said premises; that they have good right and lawful authority to sell the same and that they and their heirs , executors, administrators, successors and assigns , shall warrant and defend the title to said premises unto said Grantee, and its successors 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 tile heirs , executors, administrators, successor and assigns of the Grantors and upon the successors and assigns of the Grantee. -3- IN WITNESS WHEREOF, The said parties of the first part have hereunto set thdr hands and seals the day and year first above written. By: President ATTEST: Secretary STATE OF MONTANA : ss County of Gallatin On this 1 day of QQQ in the year 1902—, before me, a Notary Public in and for said State personally appeared X known to me to be the 4� of the corporation that executed the within instrument or the person who executed the instrument on behalf of slid corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WUREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above writ;on. Tvary Public fill the State of Montana Residing at Bozeman, Montana 11 Commission Expires Now" 1, J''swim Lij COMIXW1 expes amo 1%low THE CITY OF BOZEMAN BY: or ATTEST: gSullivan j,, ob i fn�S u rIl/-iv a n Clerk of the City Commission APPROVED: City J�Vorney STATE OF MONTANA ss County of Gallatin On this 5th day of January 1982 > before me, the undersigned a Notary Public for the State of Montana , personally, appeared ALFRED M. STIFF and ROBIN L. SULLIVAN 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 they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first above written. Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires A/-�d ,f -S -5- I, _ f : i ' -- r 06 , o! 7/C r d it 1 + 4 i : t f . h ' 1 { 1 t t , f � � O / 9 /YO/1�95 .�/y\ N! 1�2tF 61S PNI \ ✓ y // I M,1rF;SE;sy2S ' M„riF,S�1y2 s £S.�S•4'/ / ti �. ril n 0 a ri Z b` 0 Z �o/s H7b� 1N�'W35G3 � ems, c '"� 1lY71-V -73 ZIV91V Y,ti 30/M, J/�07815/7b'Hl 0 r'�N9s 06 77C'1SN!BF>`✓P Z1' ' r pt # ? 407 RIGHT-OF-WAY EASEMENT C ATE f Ill cons. i j L a on 0 S i.i70 and of tier o. which .s he of " r� _ -And rI,S }_s ^ M # UiaTE.. COMPANY, ,1 CCJr 3 .1C)4t Wx;n , •3 >• * } U .c;.3f:-.-c3:<3r 3.}L to . > ''*ce,...x .r-. as " - .. ` f Vim. ' - - ,00f -- r:t .;•fir _ o,. 3 S a i x � andal , ;�xsting _ o a s . from r•_,. _ z , _ �r� ©r _.<.csnw to :. , `. - ._.. _ :zrczF•s said Dated ♦ S4 ` 4ay Of February 'a 81 (SEAL) , , •�` - — -- -_- Tt £ CL`i'YT nF R07FIIAK e.�ez ss loft- ' n ,? a — '2 n . •. •.. _ dd ' of Ti'C?ZIE..<3 rt .`a7''. r ?°;3�x i� for !'?'2F' .`.c3�.,r -- "# .._' mo o. 1=-�'-�- nC�E3r5i[P ?d _. < � 3 �'ar-,d t x or �kP1 ut trt fore of— nstr me �€ Tit—C ( i�4 t1t �inze 3E5 3 tX -� _ ^ Acknowledged to ma-• atcorporation rumen - SL+-.. C'fJ•_30?"e3 i..1 C2?1 + — amle wV #. t?Fr ' J��g, r 3 3 Y44br 3n t3SS rsy #�_ '3Lt � S =2:`i x3.ti' azf:.xC:d my Notarial "fir x =o missio Expires — ''' ,rr this i clay of _ 1aP1.1Marelh or 4 n Recordedat �`-- - '�'Jtd .`4 . _ .. t:ettt3tST1 �T3f u zgdm {..._.. R AN .�'i#Pt>L.Pik 01 1 ``,� IV b xq � OD tr !r y? la