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Home My WebLink About13- Cowdrey Water Pipeline and Access Easment and Agreement City of Bozeman-City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 n 6 AAlr11 2466055 he 1 od 4 1Q71 @!2013 01.24 16 PM Fee $26 00 II�II�IIIII�III�I�l 111 llfll n][It�I llll�IIIINplllllllllllllMlIIII�f�III�I MISC WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Marvin R.Cowdrey,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 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,to be located on the following described real property: Tract 2 in Minor Subdivision 358B,situated in the SE 1 4 of Section 26,Township I South, Range 5 East,P.M.M. City of Bozeman,Gallatin County Montana. The easement is more particularly shown on the attached 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 (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 GRANl'OR(S)the reasonable value of any damages to growing crops,existing fences,ditches and other appurtenances of said land that may he listurbed 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 Lot 2 Minor Sub 3581; Water&Access Easement Page 1 of3 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 J day of 2013. GRANTOR Marvin R.Cowdrey (/ STATE OF MONTANA ) ):ss County of Gallatin ) On this day of z'fi 2013,before me the undersigned,a Notary Public for the State of Montana,personally appeared Marvin R.Cowdrey,known to me to be Owner of Lot 2 of Minor Sub 358B and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. r s suQ' is 6udeski ,; ^!otary Pubic Notary Public for the State of Mon na '�oTAt,( r)tr stage of Montana esiding at: L3 5:ur dL7,5 Z Z AL 2g Bc_c-man„Montana (Printed Name) My'1 ummission(Expires: November 26,2095 Residing at My Commission expires l20 /�__ ACCEPTED: Lot 2 Minor Sub 3588 water&Access Easement Page 2 of 3 ACCEPTED: 1> CIT F.BOX-E by 1� i City Manager A4CIer "r4t�' Ci STATE OF MON"T"ANA ) )ss. County of Gallatin ) On this W2 2 day of O r 2013,before me,a Notary Public for the State of Montana,personally appeared CHRIS KUKULSKI and STACY ULMEN,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. x .. .AIMEE BRUNCKHORST Notary ublie for the State of Montana ,w ;`� •�� S L�UBLIC for the R State of Montana °i SEAL t" Residing at Belgrade,Montana (Printed Name) N4 i,rx< My Commission Expires ? � December 04,2018 Residing at My Commission expires / /20 Lot 2 Minor Sub 358B Water&Access Easement Page 3 of 3 EXHIBIT A WATER PIPELINE AND ACCESS EASEMENT LOT 2, OF THE MINOR SUB 358B IN THE SE 1/4 OF SECTION 26 0 20 4D T1 S, R5E, P.M. LOT MINOR SUB 358B 3w SC)-27 N 80*27'17" E POINT OF 12.14' BEGINNING OF PROPERTY WATER EASEMENT LINE PROPOSED WATER EASEMENT. LOT2 WIDTH VARIES MINOR SUB 358B N 8°49'25' W W ' 231,59 S 7*10'27" E 231.84' EXT'G 20' WIDE WATER EASEMENT T EXT'G WATER MAIN PROPOSED 30' WIDE WATER EASEMENT E7 RIGHT OF WAY Ll N 7*54'58" W 82'5 c� 30.00' �G POINT OF BEGINNING C?. LYL 'T \N - �OF WATER EASEMENT S 81°10'35" W S 82-5a' ' rn 5.47' EXT'G 20' WIDE V WATER EASEMENT PROPERTY >1 ---N 81'24'11" E LINE Ll 171N59- IN 11.70 7 S 81°8'31" W S 83*52'26" 30.00 141.78 PROPOSED WATER N 8*35'49" W EASEMENT N 8'35'4 W POINT OF 1.06 4.67 BEGINNING OF WATER EASEMENT EXHIBIT A MADISON ENGINEERING DRAWN BY: CGB 895 TECEINOLOGY BLVD sTr 203,BOZEMAN,MT 59718 PHONE(406)586-0262 FAX(406y 586-5740 DATE: 05-28-13 PROJECT# 13-111