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HomeMy WebLinkAbout14- Bozeman Deaconess Health Services Easement receipt(3) City of Bozeman-City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 2493756 Page! 1 CharrlottefMills — GallaGtin ©oun0y58MPM Fee; $4MISC 11111111111111111 III IIIIIII 111111 INIIII It111111111111111 IIII IIIII IIII IIII 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 NWl/4, Section 17,Township 2 South,Range 6 East, P.M.N. 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 day of cJ���� , 20JA—. GRANTOR CORPORATE STATE OF MONTANA ) ss. County of Gallatin ) On this day of Jul 12014 ,before me the undersigned, a Notary Public for the State of Montdha,personally appeared, a(-LatotAy-� known to me to be the COS CLD of ��rYlArl oEGwrlo6 and the person whose name is subscribed to the within instrument and acknowledged tom that (S�e executed the within instrument for and on behalf of �rru�(1�Qkt Y�p�s-�-��A 00 SP-)r.v;c'?-- IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. '.I+I1II,, CHERY NL I GEMAN �. �Ry`I" F��,, NOTARY PUBLIC for the NOTARIM State of Montana SEAL * Residing at (SEAL) %,"+, :� Bozeman, Montana My Commission Expires C �� I February 11, 2017 Notary Pu I lii1c`1for he State of Montana (Printed Name Residing in -e-(y'VV l My Commission Expires G /_]J /20('1 ACCEPTED: CITY BOZ M OUR, ? By °• City Manager ATTS -� e City. r STAT O °ONf XNA ) ss. County of Gallatin ) On On this dayofiAXWINA ,26L, before me, a Notary Public for the State of Montana, personally appeared CHRIS 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 1 HEATHER BIENVEN'JE ��EP BIEHyF; Notary Public wQ.No�ARrgi.c;for the state of Montana otary Public for the State of Montana -z: -•- m= Residing at: SEAL,=Q Bozeman, Montana 9 P; 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 518°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 S78'27'59"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 S79'19'29"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 GSe Checked By GSeYABOZEMAN DEACONESS HOSPITAL EXHIBITA Date 6124/14 WATER LINE EASEMENT REF SHEET# CTA# BO HOSP LIVINGSTON,MT (406)222-0104 LEGAL DESCRIPTION SHEET# Cad File: BOSP0001.dc,I Fax(406)222-1007 1 EXHIBIT B GRAPHIC DEPICTION TRACT 2 CERTIFICATE OF SURVEY 2047 S78`27' S9"E BOZEMAN DEACONESS S110 32'01"W HOSPITAL 90.22' N11° '01"E 90.22' N 11° 32'01"E 25.35' S78°27'59"E S790 19'29"E S78° 2 ' 59"E 30.00' 30.00' 13.00' N11°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" S790 19'29"E 25.35' 10.08' S100 40'31"W S78 27'59"E 30.00' q 53.71' N79° 19'29"W S7 27'59"E 10.08' J 30.00' S10°40'31'W S78' 27'59"E 33.34' C S 11° 2'01"W 64.87' 25.22' S33° 38'08"E q N780 27'59"W N330 38' 08"W 176.08' 328.32 197.53' x S78° 27'59"E 113.00' GRAPHIC SCALE 100 0 50 100 200 560 21'54"W ( IN FEET ) 30.00' 1 inch = 100 ft. 9 POINT OF BEGINNING BEARS S180 11'22"E THIS EASEMENT 1219.26' FROM NW CORNER SECTION 17 1s �O Drawn By GSB EXHIBIT Checked By GSB • BOZEMAN DEACONESS HOSPITAL REF SHEET# Date O6f2o114 WATER LINE EASEMENT CTA# BD HOSP LIVINGSTON.MT SHEET# (406)222-0104 GRAPHIC DEPICTION Cad File: BD3Pcoo,.dwp Fax(406)222-1007 1