HomeMy WebLinkAbout14- Bozeman Deaconess Health Services Easement receipt City of Bozeman-City Clerk
po®. Box 1230
Bozeman, MT 59771-1230
2493756
Page: 1 of 7 10/03/2014 03:30:58 PM Fee: $49.00
1111111111111111111111111111111111,IN 111111111111111111111t111111111IIIIIIIIIIII MISS
WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Bozeman Deaconess Health Services ,the
GRANTOR in consideration of $10.00 and other good and valuable consideration,
receipt of which is acknowledged, grant to the City of Bozeman , GRANTEE, its
successors and assigns, a perpetual easement to lay, construct and maintain water pipelines 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, thirty (30) feet wide to be located on the following described real
property: Parcel NWIA Section 17, Township 2 South, Range 6 East, P.M.,M.
The easement is more particularly described on the attached Exhibits A and B
which by this reference are 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 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.
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.
(SIGNATURE PAGES TO FOLLOW)
DATED this 1 day of ;J���� , 20j�_.
GRAN OR
CORPORATE
STATE OF MONTANA )
) ss.
County of Gallatin )
On this day of ,2014 , before me the undersigned, a
Notary Public for the State of onta a,personally appeared, G1 Iyzboy-) �eyv ,
known to me to be the CO� C0 of �� � Lcurli C� -�, �vi Lis
and the person whose name is subscribed to the within instrument and acknowledged to m that
(4e executed the within instrument for and on behalf of Bc"M" l 0-Qkl'toYlpss 9,, 14' SeY,,,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written. .0011H'''.. CHERYL INGEMAN
��•���P� cF`�,� NOTARY PUBLIC for the
=* NOTARIAI'Z~ State of Montana
SEAL *- Residing at
(SEAL) %,;, :�,� Bozeman, Montana
F�� .�� MY Commission Expires
C�u�t I February 11, 2017
Notary Pu lic for he State of Montana
Char J L Iacg rmn
(Printed Name
Residing in -e-ffVG Y 1
My Commission Expires J / 120j`L
ACCEPTED:
CITY =QOZM N
P 047 By
O •9�. City Manager
•
ATS
City 6r
Ii • �n , l�� -.
STAT O ONTANA )
) ss.
County of Gallatin )
On this -9� day o I ) ,before me, a Notary Public for the
State of Montana,personally appeared CMS A. KUKULSKI and STACY ULMEN, known to
me to be the City Manager and City Clerk 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 above written.
(S L
ell """ HEATHER BIENVEN�E
FA�i'
``SF l3tFiy�
� F; Notary Public
� for the state of Montana
otary Public for the State of Montana -•- m- Residing at:
SEAL _�= Bozeman, Montan
a• ?< My Commission Expires:
(Printed Name) ,� January 26,2018
Residing at Bozeman, Montana
My Commission Expires: _/ /20
EXHIBIT A
LEGAL DESCRIPTION
A 30'wide water line easement being a portion of Tract 2 of Certificate of Survey 2047,located in the northwest quarter of
Section 17,Township 2 South,Range 6 East,Principal Meridian,Montana,City of Bozeman,County of Gallatin,State of
Montana,lying 15 feet on both sides of the water line as constructed and being more particularly described as follows:
BEGINNING at a point lying on the westerly right-of-way of New Highland Boulevard,said point bearing S18°11'22"E,1219.26
feet from the northwest corner of said Section 17;thence S56"21'54"W,along said westerly right-of-way,30.00 feet;thence
leaving said westerly right-of-way N33°38'08"W,197.53 feet;thence N78"27'59"W,328.32 feet to the easterly right-of-way line
of Old Highland Boulevard;thence N11'02'07"E,along said easterly right-of-way,30,00 feet;thence leaving said easterly
right-of-way,S78"27'59"E,13.00 feet;thence N11"32'01"E,90.22 feet;thence S78°27'59"E,30.00 feet;thence S11'32'01"W,
90.22 feet;thence S78°27'59"E,53.71 feet;thence N11"32'01"E,25.22 feet;thence S78°27'59"E,30.00 feet;thence
S11"32'01-W,25.22 feet;;thence S78"27'59"E,64.87 feet;thence N11°32'01"E,25.35 feet;thence S78027'59"E,30.00 feet;
thence S11°32'01"W,25.35 feet;thence S78"27'59"E,113.00 feet;thence N10'40'31"E,94.44 feet;thence S79°19'29"E,30.00
feet;thence S10*40'31"W,55.39 feet;thence 579"19'29"E,10.08 feet;thence S10'40'31"W,30.00 feet;thence N79°19'29"W,
10.08 feet;thence 510'40'31"W,33.34 feet;thence S33'38'08"E,176.08 feet to the POINT OF BEGINNING.Containing 23,798
square feet or 0.546 acres,more or less.
Drawn By cse
Checked By GS8 VA . BOZEMAN DEACONESS HOSPITAL EXHIBITA
REF SH ET#
Date sn4�1a WATER LINE EASEMENT
CTA# BD HOSP LIVINGSTON,MT SHEET#
(406)222-0104 LEGAL DESCRIPTION
Cad File: 8DSPC001.dW9 I Fax(406)222-1007 1
EXHIBIT B
GRAPHIC DEPICTION
TRACT 2
CERTIFICATE OF SURVEY 2047
S78°27'S9"E BOZEMAN
DEACONESS
30.00' S 11° 32' 01"W HOSPITAL
90.22'
N11° ' 01"E
90.22'
N 11° 32'01"E
25.35' S78° 27'59"E S79° 19'29"E
S78°_2 ' 59"E 30.00' 30.00'
13.00' N 11° 32' 01"E
N10° 40' 31"E
25.22' 94.44' S 10°40' 31"W
N 11° ' 07"E 55.39'
30.00' S11° 32' 01" S79° 19'29"E
25.35' 10.08'
S78 27'59"E S10°40'31"W
30.00'
q 53.71' N79° 19'29"W
S78 27'59"E 10.08'
30.00' S10°40' 31"W
S78° 27' 59"E 33.34'
O S 11° 2' 01"W 64.87'
� 25 22' S33° 38'08"E
q N78° 27' 59"W N33° 38' 08"W 176.08'
328.32' 197.53'
S78° 27' 59"E
113,00'
GRAPHIC SCALE
100 0 50 100 200
56° 21' 54"W
( IN FEET ) 30.00'
1 inch = 100 ft. �� POINT OF BEGINNING
l BEARS S18° 11' 22"E
THIS EASEMENT ��y1�}P�� 1219.26' FROM NW
CORNER SECTION 17
Drawn By GSB
Checked By GSB BOZEMAN DEACONESS HOSPITAL EXHIBIT
REF SHEET#
Date 05120114 WATER LINE EASEMENT
CTA# BD HOSP LIVINGSTON,MT
(406)222-0104 GRAPHIC DEPICTION SHEET#
Cad File: sDSPcoo,.dwg Fax(406)222-1007 1