Loading...
HomeMy WebLinkAbout14- Barnard Water Pipeline and Access Easement and Agreement City of Bozeman-City Clerk R0. Box 1230 Bozeman, NIT 59771-1230 24 '3435 Page I of 4 01f29f2014 173.07 33 PM Fee 128 00 Charlotte: Mills - Gallatin County, MT MlSC 11111111111111 1l 1!111111111111M IN 41 11111111111111111111 VIII VIII IP 1111 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Timothy Barnard, with a mailing address of P.O. Box 99, Bozeman, Montana 59771-0099, the GRANTOR, in consideration of$1.00 and other good and valuable consideration, receipt of which is acknowledged, grant to the City of Bozeman, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, P.O. Box 1230,Bozeman, Montana 59771, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain a water pipeline, with the usual services, valves, fire hydrants, 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: Certificate of Survey No. 893,being a 10.232 acre tract of land located in the NE%,Sec. 6,T.2 S.,R.6 E.ofP.M.M.,City of Bozeman,Gallatin County,Montana. The easement is more particularly shown and described on the attached"Exhibit A"which by this reference is made apart 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 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, it will repair or replace, at its sole expense, or pay to GRANTORS 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. 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) 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 GRANTORS 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 GRANTORS. 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 I sk day of UA LA ,2013 Timothy mard STATE OF MONTANA ):ss County of Gallatin This instrument was signed or acknowledged before me this t day of LJ �4 2013,by Timothy Barnard. quAL) ANNE E KOPNTOPP I -K Pont=,�—a= 011 Notary Pubilic Notary Public fort State of fcr the State of oc— Residing at Printed Name: le' kP S E'A L Belgrade, Montana Residing at My Commission Expre.,, My Commission Expires /20 September 06, 2016 ACCEPTED: CITY OF BOZ •MAN B Chris Kukulski,City Manager TEST. J- 147 tyLclerk 'SIy -OF- 01NTANA )ss. Count 'of Gallatin J—C This instrument was signed or acknowledged before me this day of 201:!Ir,by CHRIS KUKULSKI as City Manager and STACY ULMEN as City Clerk of the of Bozeman. C ty i (SEAL) Notarl Public for the State of Montana Printed Name: OTARY 84i A 0 t�;'j N PUBLIC for the State of Montana Residing at: Residing at Belgrade,Morltana rq my Cornl1ni$6 on Expires My Commission Expires /20 Decernber 04,2016 as.3o LOCATED IN THE NW 114, SECTION 7, T. 2 S., R. 6 E. OF P.M.M., CITY OF yk�$ BOZEMAN, GALLATIN COUNTY, MONTANA oe sa 4 r � ii 9 s titi�� r�'- "' ate" s•�.. /�`'ry�, �,,� �r � G I�1a � ✓' F s r \ 1 LOT 4 [se�,•1e'w] �zez� �i j/�"� �y� a a � `� �� ?' N\\ 22 OS r ;s�9'aro5'c] �. ,,. �y *h � 5a 3�g; ". ./ ,r../ "f\ �•���?'?� b�f r f" r ; �..„ ;� �\�\\ `ti 9 Fh;T;i T(11O 0. CVTY,W=ATER PIMPN ELINE£�AS ffi 893 41 AREA "rr y ej 31'T 12'227 LOT 13A-1 _. tsra,cs•� � � �� � 4,�,�L tip/ �/ -T nA,/�`+,� ` ��%/�✓ r y ti.. / / V y. �•'. A / l N « ncR � "2¢ [ ,7�. � a Gpµ.i,e5,'a sw] r 1012°2 4.rI Q. a r; LOT' 14A � �.� � ✓` ,, � �. �j54e�,22z"W] � 4�b 1 2ozz 2201 2'2f � f t� 60 LOT 11 Scale In.Feet 60 d ./ f r°, f✓ J� //''.w'✓ Mme/ ``�'1'? �a $ EXISTING 3P'WIOE WATER fn ! /r 6; l8 0 18 `�'S1'6tlry PERRIPLMN196, P3974 ✓f "'/ f r� Seale In Meters E ng d s v e.Inc. LOT 10 - \,/ �.,� •�., �� �°, r, Ph L4G51 &]1,5 Sheet f of 1 r �' i, x h- `1 � p •� � �J //7241 4.3