The URL can be used to link to this page

Home My WebLink About00- Davis, Ronald L.; Tr 1, COS 2050 - Water Pipeline Easement . ~'.' ~ d~ER J-.NB WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Ronald 1. Davis, ofClaekamas, Oregon, the GRANTOR(S), in consideration of One Dollar ($1.00) and other good and valuable eonsideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, a municipal corporation ofthe State of Montana, 411 East Main, Bozeman, MT, 59771- 0640, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain water pipelines with the usual services, valves, eonnections, accessories and appurtenances for the purpose of transmitting water in, through, and across a strip of land situated in Gallatin County, Montana, thirty (30) feet wide to be located on the following described real property: A 30' wide water line easement to the City of Bozeman, situated in a portion of Tract 1 of Certificate of Survey No. 2050, situated in the NW~ of Section 35 and the SW~ of Section 26, , T.IS, R.5E P.M.M., Gallatin County, Montana and being further described as follows: Beginning at a point which bears S 89044'21" W, a distance of 428.50 feet from the N1I4 of said Seetion 35; thenee from said True Point of Beginning S 00016'42" W, a distance of 830.09 feet to a point on the north line of Tract 2 of Certificate of Survey No. 2050; thence along said line S 89044'23" W, a distance of30.00 feet; thence N 00016'42" E, a distance of 830.09 feet to the north line of said Section 35; thence along said line N 89044'21" E, a distanee of 30.00 feet to the Point of Begin..ning. Said easement being 0.571 acres or 24,872 sq.ft. The easement is more particularly described on the attached Exhibit(s) A which by this reference are 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 ofthe easement and the pipeline and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline, services, connections, aceessories and appurtenances; (2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the boundaries of the easement whieh 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 Ronald L. Davis -j ._~,.-- :~', Or':" . - " , \-.... .' Page 1 1111111111111111111111 ~~;~i.~~?~p Shelley Vanoe-GallatiM Co MT MISC 30.0m .~ on the land adjacent to that which is subject to this easement to the extent GRANTEE may find reasonably neeessary; 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(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 fenees, 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 exeavating material or any debris that may have been exposed by the excavation and remains after backfilling is eompleted. And, it will leave the finished surface in substantially the same eondition as existed prior to the beginning of operations except that the surface of backfilled areas may be mounded sufficiently to prevent th~ formation of depressions after final settlement has taken place. (3) To lay, eonstruet and maintain said pipeline in such manner as will not hinder or prevent the proper cultivation of the traet to which this right of way is hereby granted. 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) The GRANTOR(S) 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. (4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). Ronald L. Davis Page 2 11111111111111111111111 ~~~~~?~ Shelley Vanoe-Gallatin Co MT MISC 30.00 . ~ ~ 1111111111111111111 II ~~;~~F:?~ Shelley Vanoe-Gallatin Co MT MISC 30.00 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 -lL day of J "-Jf ' 2000 ~~ lCiJ~ GRANTOR, Ronald L. Davis INDIVIDUAL oee'E)orJ STATE OF MONTANA ) cl~p--5 ) ss. County of GalhrtilT ) On this J f ~day of 0l<.- , 20~ bffore me the undersigned, a Notary Public for the State of~, personall ppeared ~onttJrJ L. D (t-Vt'.s , known to me to be the person whosenai1ie"Ts' subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) . OFFICIAL SEAL , JULIE RETTERER :. NOTARY PUBLIC-OREGON COMMISSION NO. 331705 MY COMMISSION EXPIRES FEBRUARY 16 2004 ~ ofM~Blnfttr O~ff! Residing at Bm~effi8fl, Montana pftn~ VR.e;JCf?7 My Commission Expires 2- / b - 2C{j 1- CORPORATE STATE OF MONTANA ) ) ss. County of Gallatin ) On this _ day of ,20_, before me the undersigned, a Notary Public for the State of Montana, personally appeared, , known to me to be the of and the person whose name is subseribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Ronald L. Davis Page 3 . .. . . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana Residing in Bozeman, Montana My Commission Expires ACCEPTED: ~ \ CITY OF BOZEMAN by its ~ j)( 7A- ATTEST: (2~ jI ~ Clerk of the City Commission STATE OF MONT ANA ) ) ss. County of Gallatin ) Y7 On this 1 day of , 20 ad , before me the undersigned, a Notary Public for the State of Montana, rsonally appeared CLARK. V. JOHNSON and ROBIN L. SULLIV AN, known to me to be the City Manager and Clerk of the City Commission 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. '-;: ~"": :-~!Jj4'WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and t ~.~:JI....~ all9.ve written. ...,I~~EAL) . "',I;~i~.:j~' ..; I:",~ fI' otary Public for the State of Montana Residing at 8 O'Le MP..rV My Commission expires ~ ~ I 5-03 Ronald L. Davis Page 4 111111111111111111 Shelley Vanoe-Gallatin Co MT MISC 11112028270 Palle: 4 of IS 01/11/2001 03,30P 30.00 " A " ....001II ,;to \ .. EXHIBIT A 30' WIDE WATER LINE EASEMENT TO THE CITY OF BOZEMAN, SITUATED IN A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY No, 2050 SITUATED IN THE NW1/4 OF SECTION 35 AND THE SW1/4 OF SECTION 26, T,1S" R,5E, P.M,M" GALLATIN COUNTY, MONTANA AND BEING FURTHER DESCRIBED AS FOLLOWS: Beginning at a paint which bea" S89'44'21"W a distance of 428.50 feet from the N1/4 of sold Section 35; Thence from said True Point of Beginning 500'16' 42"W a distance of 830.09 feet to a paint an the north line of Tract 2 of Certificate of Survey No. 2050; Thence along said line S89'44'23"W 0 distance of 30.00 feet; Thence N001S'42"E 0 distance of 830.09 feet to the north line of said Section 35; Thence along sold line N89'44'21"E 0 distance of 30.00 feet to the Point of Beginning. Sold easement being 0.571 acreS or 24,872 SQ. Ft. LOT 4A OF MINOR SUBDIVISION No. 221A BOZEMAN SCHOOL DISTRICT N89044'21 HE 30,QO' 5. LINE SEe 2L N. LINE 5Ee 35 TRACT 1 C, O. S. No. 2050 TRACT 2 C.O,S. No, 2050 ~ Point of Beginning SCALE: ," ='00' sa9'44'21"W - 428.50' 'V ..~. IN1/4 COR SEC 35 IFND 1 3/4" I.P. r/2" BRASS CAP I I I 30' WIDE WATER LINE EASEMENT TO CITY OF BOZEMAN TRACT 1 C, 0, S. No, 2050 OWNERS RONALD DAVIS EASEMENT AREA GROSS AREA: 0.571 ACRES or 24,872 Sq. Ft. N-S MIDSECTION LINE I l SECTION 35 428.50' , I I S89"44'23"W 30.00' JUNE 13, 2000 99-506~4g.DWG 1111111111111111111111 ~~;~~~~~p Shelley Vanoe-Gallatin Co MT MISC 3m.00