HomeMy WebLinkAbout180_2_Easement WATER.PIPELINE AND ACCESS EASEMENT AND AGREEMENT
DONALD A. TURNER,the GRANTOR, in consideration of One Dollar($1.00) and other
good and valuable consideration, receipt of which is acknowledged, grant(s) 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, (30) feet wide to be located on the following described real property:
A tract of land located in Section 6,Township 2 South,Range 6 East, City of Bozeman,
Gallatin County,Montana.
The easement more particularly described on the attached Exhibits "A" and"B",.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 existnig 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 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:
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(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 reasonablevalue 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.
(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:
(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 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).
(5) The GRANTOR assumes all risk and agrees to indemnify and hold GRANTEE harmless
from and against any liability resulting from environmental contamination emanating
from the dedicated property or easements, and public infrastructure or facilities related
to this project that arise prior to the date of acceptance of dedication or public
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improvements.
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The terns,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
GRANTOR
STATE OF MONTANA )
: ss.
GALLATIN COUNTY )
On this day of 19 ,before me,a Notary Public for the State
of Montanapersonallyappeared ,known to me to be the person whose
name is subscribed to within this instrument,and acknowledged to me that he did execute the
same.
In witness whereof,I have hereunto set my hand and affixed my official seal the day and
year fir above written.
NOTARY PU IC FOR THE STATE OF MONTANA
s'it3jng at.
t�atnission xpires
ACCEPTED:
CITY OF BOZEMAN
by its PYto�a���zi=.
0
erk� of the City Commission
STATE OF MONTANA )
ss.
Gallatin County )
On this day of 19n, before tne, the undersigned, a
Notary Public for the State of Montana, personally appeared CLARK V. JOHNSON and
ROBIN L. SULLIVAN, 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.
In witness whereof,I have hereunto set my hand and affixed my seal on the day and year
first written above.
NOTARY PUBLIC FOR THE STATE OF MONTANA
Residing at ��Q
My Cornmisstongpires
ss
Page 3
EXHIBIT"A" fitM 18D�AtE 5
A tract of land located in the northeast one-quarter of Section 6,Township 2 South,Range 6 East,
P.M.M.,City of Bozeman,Gallatin County,Montana,described as follows:
A 30.00 foot wide water pipeline and access easement,the centerline of which is described as
follows:
Commencing at southwest corner of Tract 17 of the Northeast Annexation to the City of
Bozeman,thence North 00°13'33" East, a distance of 15.00 feet to the Point of Beginning and
centerline of said 30 foot easement;
Thence North 88°55'33"East,parallel to the common boundary between Certificate of Survey
No. 893 and Tract 17, a distance of 397.05 feet to a point on the right-of--way of the Burlington
Northern Story Mill Spur and the end of said easement;
The side lines of said easement being lengthened or shortened so as to begin on the west boundary
of Tract 17 of the Northeast Annexation to the City of Bozeman and end on the right-of-way line
of the Burlington Northern Story Mill Spur;
Containing 11,911 square feet, more or less.
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EXHIBIT B ,� f" "off
WATER PIPELINE AND ACCESS EASEMENT
A PORTION OF TRACT 17 OF THE NORTHEAST ANNEXATION TO THE CITY OF BOZEMAN
IN THE NE1/4, SEC.6, T2S, R6E, P.M.M.
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
OWNER ENGINEER
DONALD A. TURNER
908 E. GRIFFIN DR. MORRISON MAIERLE, INC.
BOZEMAN. MT 59715 P•O.BOX 1113
BOZEMAN, MT 59718
TRACT 10
GRAPHIC SCALE
NORTHEAST ANNEXATION
1 IN FEET 1
I Inch—lGG (
BASIS OF BEARING
SUBDIVISION PLAT No. J-42
INDUSTRIAL PROPERTIES SUBDIVISION
WEST PROP, LINE- TRACT A
BRG. SOO'13'33"W
TRACT 17
mW NORTHEAST ANNEXATION
ti
TRACT A
INDUSTRIAL PROPERTIES
SUBDIVISION
WATER PIPELINE AND
ACCESS EASMT
N 00'IJ'33'E I '48
5.00• P.O.B. S ayA gyp.
_ 397,05—
_AV
N E8155'33'E /` �S•
JB1.60' /
S ,
PT.OF COMMENCEMENT ,
59 9,y Q�Z'QJ
C.O.S. No. 893
10.232 AC
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THIS INSTRUA'IEN'I' WAS PILED FOR RECORD IN THIS OFFICE ON
OFFICE OF COUNTY RECORDER. ) TIIE 24 DAY OF DECEMBER A.D., ICJ 97
COUNTY OF GAI,LATIN ) AT 10:10 A M., AND WAS DULY RECORDED IN 13001( ISO
STATE Or IIIdNTANA ) Or MISCELLANEOUS RECORDS, PAGE 2
Pee
�« c5"iPe11e Tance
• 30.0 9 ItECOi�DER. I3Y DEPUTY
RT: ROBIN SULLIVAN, CLERK OF THE COMMISSION CITY OF BOZEMAN, PO BOX 640 BOZEMAN, MT 5977;
iY,