HomeMy WebLinkAbout180_7_Easement RECEIVED OEC 1 0 1997
PIM t80FACE 7
WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Robert A.Turner,Robert A Haugland,and Dorothy Arlene Haugland,the GRANTOR(S),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 in the attached Exhibits "A"and"B",which by
this reference is made a part hereof.
i
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
I
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 whi,4 may, ;u the opinion of the GRA?�?TTE, interfere or
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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
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F«�! iSOPAtf 8
(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, 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.
(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(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
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without any interruption by the GRANI'OR(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
improvements.
t
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 /r,/y� 19
GRANTOR
STATE OF MONTANA }
: ss.
GALLATIN COUNTY )
On this V,.dayof �)d_C�'yrt�ys- , 19 1],before me,a Notary Public in and for the
State of Montana,personally appeared kC�° T A. 1Jf�l +�E1: 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 first above written.
�(
NOTARY PUBL C I R THE STATE OF MONTANA
Residing at tim
�pp�zmission expires
�E .';: ;
ANTOR
STATE OF MONTANA )
ss.
GALLATIN COUNTY )
19 7 On this 1 L� day of - , �' before me a Notary Public in and for the
State of Montana,personally arrcared D�c c� �1, 1�vr 1��� ,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.
IuWW4;}ess whereof,I have hereunto set my hand and affixed my official seal the day and
``f' w• o
y ivy itten.
l�Clj tIC;FOR THE STATE OF MONTANA
Nl'
07 i t�e�1 Page 3
My Commission expires
SEAL ffl�f 1�0 { to
GRANT
STATE OF MONTANA }
ss.
GALLATIN COUNTY }
HY\
Ou this I day of e e vv,,h c 19`0,before me,a Notary Public in and for the
State of MontanaPersonall
i',_ ,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.
r",„A witness whereof,I have hereunto set my hand and affixed my official seal the day and
�c'�r{�#lt1V� ritten. l
UBqC FOR THE STATE OF MONTANA
IvI ..-OTMissivn-expires
SEAT"
ACCEPTED:
CIT OF BOZEMAN
� by its
: n�2�c-�Cyy-�-�
Clerk of the City Commission
STATE OF MONTANA )
ss.
Gallatin County )
On this tea" day of 194 , before me, the undersigned, a
Notary Public for the State of ontana, 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.
NO ARY PUBLIC FOR THE S' ATE OF MONTANA
Residing at
My Commission c.pires —a 4
Page 4
Exhibit "A" RIM i8OQAf{ 11
A tract of land located in the northeast one-quarter of Section 6,Township 2 South,Range 6 Bast,
P.M.M., City of Bozeman, Gallatin County,Montana, more particularly described as follows:
A 30.00 foot wide water pipeline and access easement, the centerline of which is described as
follows:
Commencing at a point on the Northeast corner of Tract A of the Industrial Properties
Subdivision,being on the common boundary with Tract 10 of the Northeast Annexation to the
City of Bozeman, thence South 88°55'33" West, a distance of 15.00 feet to the true point of
Beginning and centerline of said 30 foot easement,
Thence South 00°13'33" West parallel to the common boundary of Tract 17 of the Northeast
Annexation to the City of Bozeman,a distance of 433.92 feet to the common boundary of said
Tract A and Certificate of Survey No. 893, being the end of said easement.
The side lines of said easement being lengthened or shortened so as to begin on the north
boundary of Tract A of the Industrial Properties Subdivision and end upon the south boundary
line of said Tract A;
Containing 13,014 square feet, more or less.
i 1-\2259\002\L ASEI I EN'r\WA'I'P1tA.LAs
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EXHIBIT " B "
WATER PIPELINE AND ACCESS EASEMENT
A TRACT OF LAND BEING A PORTION OF TRACT A, INDUSTRIAL PROPERTIES SUBDIVISION
IN THE NE1/4, SEC.6, T2S, RGF, P.M.M.
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
OWNER OWNER ENGINEER
Robert A. Turner Robert A, Houglund MORRISON MAIERLE, INC.
P.O. BOX 9181 Dorothy Arlene Hougtond P.O.BOX 1113
HELENA, MT. 59620 47DO BIGGS--HAUGLAND OR. BOZEMAN, MT 59718
BELGRAOE, MT 59714
GRAPHIC SCALE
TRACT 10
NORTHEAST ANNEXATION S e8.5.33•w
5.00'
IN I
1 loch-1W fL
P.O,B, "� �Co' PT.OF COMMENCEMENT
WATER PIPELINE AND BASIS OF BEARING
ACCESS EASM'T SUBDIVISION PLAT No. J-42
INDUSTRIAL PROPERTIES SUBDIVISION
WEST PROP, UNE— TRACT A
1 BRC. S00'13'33"W
TRACT 17
u NORTHEAST ANNEXATION
TRACT A
INDUSTRIAL PROPERTIES
SUBDIVISION
LL_
c
N BOS 33 E
36�.60'
�S
C.O,S. No. 893
10.232 AC mJ�
H:\2259\002\TRNRHAUG.DWG Page 6
FLATTED
356,487
,State of NW., County of Sallatln.sa Filed tar►mrd DECEMBER 24
at 10:11 A M., and recorded in Book _ 1 Rn of MISCELLANEOUS page 7
Sr"11Ew tVan's Recorder. By uaf�n nLO 10 4 k:� Deputy
FEE: $36.00
RT: ROBIN SULLIVAN, CLERK OF THE COMMISSTON CITY OF BOZEMAN, PO BOX 640 BOZEMAN, MT