Loading...
HomeMy WebLinkAbout13- Bozeman Deaconess Health Services Water Pipeline and Access Easement and Agreement Page: 1 of 5 02112/2013 04:49,53 PM Fee $42.00 Charlotte Mills - Gallatin County, MT MIsc 5 d 1111111111111111111111111111111111 IIII111 IIIII III 11111111 I I hull IIIII II 111 'CATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Bozeman Deaconess Health Services, the GRANTOR in consideration of $10.00 and other good and valuable consideration, receipt of which is acknowledged, grant to the CitofBozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain 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, th_irtyr (30) feet wide to be located on the following described real property: Parcels of ground in the SW1/4 Section 8, NW1/4. Section 17 and the SE1/4 'Section 18 Township 2 South Range East P.M. M. _ i e The easement is more particularly described on the attached Exhibit 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 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; ( ) 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. 2445318 Char F Charlotte Mills -4Ga3lla©in Count M Fee: $4 County, MTMIsc IIIIIIIIIIIII11I111111111IIIIII1111111111111III1111111111111II11111111 IN 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 hill 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 GRAN"COR(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 rewired 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 casement 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 (- ._my'A"I 20 1Q,, /, GRANTOR CORPORATE STATE OF MONTANA ) ss. County of Gallatin ) On this c w day of �cvt'ro , 20 �� , before me the undersigned, a Notary Public for the State of Montana, personally appeared, l p r k n-L Duvi(: : �YL- , known to me to be the �fl k 'tr r of ,m . e t and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of'L�JxLt1,,rAf)&,(4�o IN WITNESS WHEREOF, I have hereunto set nay hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for he State of Montana �kLiN CHERYL INGEMAN { L 'P'"14e NOTARY PUBLIC for the LP State of Montana (Printed Name SEAL RESIDING ATBOZE AN,MONTANA Residing in Z h° "," l � arn�ge ��� qty February rnmi fin Expires My Commission Expires JZ d 11 120 I. ACCEPTED; CITY'OF BO E A I City Manager ATTES" h x" City Clem " STATE OF MOO 1)Css. County of Gallatin ) On this day of t , 2 ". 'before me, a Notary Public for the State of Montana, personally appeared CHRIS A. Kh ULSKI and STACY ULMEN, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are snbscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WI'T'NESS WHEREOF, I have hereunto set my hand.and affixed my seal on the day and year first above written. (SEAL) Notary ib.lic for the State of Montana AI141EB BRUNCKI•tORST Aa < �� NOTARY PUBLIC for the (Printed Name) �" � State of Fontana ^SEAL ., Residing at Belgrade,Montana Residing at Bozeman, Montana Commission Expires My Commission Expires: —/—/20 ° "° December p4,2016 EXHIBITA WATER PIPELINE EASEMENT LEGAL DESCRIPTION An easement located |n the Northeast quarter of Section 1&and the Northwest quarter of Section 17,Township 2 South, Range East, Principal KxehcUan Montana, City ofBozeman, Gallatin County, Montana, and being more particularly described osfoQowm� All that portion of the following described easement lying within Tract 2 of Certificate of Survey 2047, recorded as Document No.3G7348^ records of the county Clerk and Recorder,Gallatin County, Montana: Beginning at the East one-quarter corner of said Section 18;Thence North 08'21'58" West,a distance of 972,91 feet to a point on the centerline of new Highland Boulevard and true point of beginning;thence South 8S*30'14" East, a distance of74.76 feet;Thence North O4~29^46" East,a distance of3O.QO feet;Thence North 85~3O'14° West,a distance of 74.76 feet to a point on the centerline of new Highland Boulevard and the beginning ofa non- tangent cumetotheright`mb|ohistheuemte,HneofthenevvHi0hbmdBou|evamd'havingacentra|angienf 42~02'25~' a radius of587.Z6 feet,a chord which bears N35^5D/47°E,421.3Q feet;thence along said curve amarc distance of43U.9Ofeet;Thence North 48~0D'8Q~East,along the centerline cf new Highland Boulevard, adistance of§35.3S feet;Thence South 42~0O'OO^East,a distance of7S.O0 feet;Thence North 4x^O0'O0° East,o distance of 30.08 feet;Thence North 42`00"U0"West, a distance of75.00 feet toa point on the centerline of new Highland Boulevard;Thence North 48*00'00" East, along the centerline of new Highland Boulevard, a distance of 35.05 feet; Thence along the curve to the left,which is the centerline of new Highland Boulevard,having a central angle of 42^11,1S°,u radius ofGB8.S8 feet,ao arc distance of5O695 feet;Thence South 85^26'U9" East, a distance of75.UO feet;Thence North 04^33'51° East,u distance of3O.8O feet;Thence North 85^Z6'U8° West,a distance of231.00 feet;Thence North 04^33'51" East,u distance of3O.88 feet;Thence North 85`26'0S°West,a distance of30.00 feet;Thence South 04~33^51°West,a distance ofGO.00 feet;Thence South 85^26'09`East,a distance of1S6.00 feet;Thence along the curve to the right,having a central angle of 42'07'50"and a radius of 658.51 feet,an arc distance of484.Z1 feet;Thence South 48^0C/OO"West a distance uf3S.Q5 feet;Thence North 42~OO'D0"West a distance mf283.81 feet;Thence South 86^33'3]"West a distance of57.05 feet;Thence North 42~D9'S5"West a distance ofI40.3Z feet;Thence North 6S`55'44°West a distance of1Q1.91 feet;Thence North 42^QW"00"West,a distance of15.82 feet;Thence North 48^OO/O0" East,a distance of6O.00 feet;Thence North 4Z~8Q'OU"West,a distance of3S.00 feet;Thence South 4O"00'0O'VVest,a distance of6Q.Qofeet-,Thence North 42^8O'QO"West, a distance of49.Q0 feet;Thence North 48^QO'00° East,a distance nf45.O0 feet;Thence North 4Z^O0'00"West,a distance of 30.00 feet;Thence South 48*00'00"West,a distance of 45.00 feet;Thence North 42'00'00"West, a distance of 90.00 feet;Thence North 48*00'00" East,a distance of 230.00 feet;Thence North 42*00'00"West,a distance of 30.00 feet;Thence South 48*00'00"West,a distance of 290.00 feet;thence South 42'00'00"East,a distance of 2O.00 feet;Thence South 48^UO'OO"West,a distance of30S.57 feet;Thence South 03^19'14"West, a distance ofS98.Z4 feet;Thence South O1~0r27^ East,a distance of3Z1.2O feet;Thence North 88^6S'33" East,a distance of3O.O0 feet;Thence North Q2^U4'27''West,a distance mf320.OD feet;Thence North D3~19'14" East, a distance of584.75 feet;Thence North 48~O0'0y' East, a distance uf295.24 feet;Thence South 42^00'00° East, a distance ofI38.67 feet;Thence South GS`55'44^East a distance of175.9B feet;Thence South 42^O9'SS^ East a distance mfl56.41 feet;Thence North 86`3@~83" East a distance of57.VO feet;Thence South 42~0O^OO~ East a distance ofD9.35 feet;Thence South 48^OD'00'West,u distance ofS5-00 feet;Thence South 42~O0'UQ^ East, a distance of30.DD feet;Thence North 48^U8~O0" East,a distance of55.0V feet;Thence South 42^U8'0O^ East, n distance of150.QO feet;Thence South 48^OO'OO°West, a distance of4Z4.00 feet;Thence North 42~8D^UO^West,a distance of27.00feet-,Thence South 48~00'08°West,ad|stanoeof]O.QO feet;Thence South 42`OO'0O^ East,a distance of 27.00 feet,-Thence South 48'00'00"West,a distance of 181.35 feet;thence along the curve to the left, having a central angle of4Z~38^18°and a radius uf6I7.26 feet, an arc distance of459.36 feet;Thence South 67~53'S8"West, pdistance 1S9.87 feet;Thence South 22`O6'02" East, a distance of3000feet/Thence North 67~59'5;° East, a distance of14S.Z9 feet;Thence North 77`3S~37" East, a distance of31.07 feet to the true point of beginning and containing 3.42I4acres. EXHIBIT B RAPHIC DEPICTION BOZEMAN DEACONESS HOSPITAL �a GRAPHIC SCALE 250 {} 125 250 500 ( IN FEET ) 1 inch = 250 ft. 'I'HIS FASEMEN'l' Drawn By Gs0 Checked By Gsg � BOZEMAN DEACONESS HOSPITAL EXHIBIT B REF SHEET# Date IlMi12 WATER EASEMENT CTA# HosP LIVINGSTON,MT (406)222-0104 GRAPHIC DEPICTION srEET# Cad Fife: _ B[)sEcooi.dw Fax(406)222-1007 1 1 1