HomeMy WebLinkAbout12- West Kagy Professional Building Condominium Water Pipeline and Access Easement and Agreement 2417259
Page 2660 26Gn Counmy32MTM Fee. $45 00
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City of Bozeman-City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
West K_agy Professional Building Condominium, the GRANTOR, in consideration of One
Dollar and other good and valuable consideration, receipt of which is acknowledged, grant(s) to
the City of Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay,
construct and maintain 137.5 If(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, to be located on the following described real
property:
Lot 1 QB of Amended Plat of Tai Lane Addition
SW 114 of Section 13, Township 2 South, Range 5 East P..M.
City of Bozeman, Gallatin County Montana.
The easement is more particularly shown on the attached PUBLIC WATER PIPELINE AND
ACCESS EASEMENT 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
West Kagy Professional Building Condominium Water Pipeline&Access Easement
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(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 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.
DATED this?a fay of 1'f7 49-1—1� , 2012.
West Kagy Professional Building Condominium Water Pipeline&Access Easement
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GRANTO
West Kagy Professional Building Condominium
A n1 LP Ry2a
Printed name
STATE OF MONTANA )
):ss
County of Gallatin )
On this 10�__L day of f`f7A0-e-Lf , 2012 before me the undersigned, a Notary
Public for the State of Montana, personally appeared 6J4446 e_&-9 j4&c• , known to
me to be-MftV)Q.= of_6) K ) ,& g and the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the within instrument for and on
behalfof eo,.(vo A55e0e_
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
Chris Budeski
Notary Public for the State of Montana ?'. ' ry public
/} :,,oSAR1,q j f to of Montana
CH 15 4114 U �JrIL/ Residing at:
(Printed Name) N9 SEAL.-` Boman, Montana
Residing at ��E+�A +� J` My Commission 26 Expires:
AL--&aY�[ 1 "rev r,, 415`` November 26,2018
My Commission expires NoQ I '76 /20A
West Kagy Professional Building Condominium Water Pipeline&Access Easement
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ACCEPTED:
CITY OF BOZEMAN
by
City Manager
ATTE
_ f
Cit Cle '.
TAN
STATE OF MONTANA )
)ss.
County of Gallatin )
On this day of OL , 2012, before me, a Notary Public for
the State of Montana,personally appeareJ CHRIS KUKULSKI and STACY ULMIEN, known to
me to be the City Manager and City Clerk, respectively, of 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 Notarial Seal the
day and year first above written.
N\\ \ K
No
Nota Public fo t e State of Montana
(Printed Name
Residing at _ or
My Commission ex ' es I Q I a q- 120
West Kagy Professional Building Condominium Water Pipeline&Access Easement
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EXHIBIT A
PUBLIC WATER PIPELINE AND ACCESS EASEMENT
SITUATED ON LOT 10B of AMENDED PLAT TAI LANE ADDITION
IN THE SW 1/4 OF SECTION 13 T2S, RSE, P.M.M.
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
I
I
I
I
LOT 11A OF THE AMENDED PLAT I S 89'30'47" E
OF LOT 10 AND LOT 11 OF TAI I 20.00'
LANE ADDITION
EXISTING
PROPERTY
— — S89°30'47"W LINE S89°30'47"W
297.84 - - - - -- � � __ — _ 330.00
26' WIDE SHARED
ACCESS EASEMENT _
EXISTING 30' WIDE F PROPOSED 20'
UTILITY EASEMENT t WIDE WATER
I I I 3 i I i MAIN EASEMENT
I EXISTING 30' WIDE
JOINT ACCESS
EASEMENT
LOT 10C OF THE AMENDED PLAT
OF LOT 10 AND LOT 11 OF TAI I II 3 I LOT 10B OF THE AMENDED PLAT
LANE ADDITION N OF LOT 10 AND LOT 11 OF TAI
LANE ADDITION w
z� I ICI I
PROPOSED o
II 1 31I WATER MAIN
I
EXISTING I I I I
PROPERTY INE
I I %
I I
EXISTING
RIGHT
I I I I I OF WAY
S89°57'50"W S89°57'50"W
327.92 329.56
POINT OF
BEGINNING N 89'57'50" W
20.00' KAGY BLVD
PUBLIC VVA TER MADISON ENGINEERING EXHBIT A
PIPELINE AND ACCESS
895 TECHNOLOGY BLVD STE 203 DRAWN BY;CGB
EASEMENT EXHIBIT PHONE MT 59718 DATE: 4/17/12
PHONE(406)586-0262 FAX(406) 586-5740 NJ-O-#09-128