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
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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
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