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Home My WebLink About02- Gallatin Center; Lot 3 - Water Pipeline and Access Easement WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Gallatin Center L.P., 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 ofthe State of Montana, 411 East Main, Bozeman, MT 59715, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain 382 LF water pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water in, through, and across a strip ofland situated in Gallatin County, Montana, thirty ( 30) feet wide to be located on the following described real property: Across a portion of the remainder of Lot 3 of Minor Subdivision No. 210, Located in the Northeast One-Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, The easement is more particularly described on the attached ExhibitA which by this reference are made a part hereof. This grant includes the right ofthe 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 ofthe 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 watercourses 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 I' H,!\lr .'~: ) --"""""'1\' 111111111111111111111111111111111111111111111111111111I ~~~j~r~~: ~A Shallay Vanoa-Gallatin Co MT MISC 30,00 ~ 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) 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. (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, The recording of this document replaces and supersedes the "SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT", recorded 8/21/2002 @3:27 P.M., as Document No. 2078745 at the Gallatin County Clerk and Recorders Office 1111111 111111111111111111111111 1111111111111111 ~;~~~?:~ ,~, Shallay Vanoa-Gallatin Co MT MISC 30.00 111111111111111111111111111111111111111111111111111111I ~~~j16:~, ~R Shallay Vanoa-Gallatin Co MT MISC 30.00 DATED this IO'f'7J- day of D€:C~M8t:.7l. , 2002. GRANTOR Gallatin Center Limited Partnership STATE OF MONTANA ) ) ss. County of Gallatin ) On this ~ day of .}')eeemhu" , 2 OD2..., before me the undersigned, a Notary Public for the State of Montana, personally appeared, Eugene Graf, III, and Yvonne G. Jarrett, known to me to be the general partners of Gallatin Center Limited Partnership, the partnership that executed the within instrument and acknowledged to me that they executed the same for and on behalf of said partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. \\ , , \I , III \ ' 0 I ~\ '/.... 1",1.. /// ~' 1\L)" . .' 1- ..t\ ...... " "'''-, ..... .... ,!'J. . OT" f' . tP .... : .:::: \\ ,., ': I-4C. 0 :: -0. .z= -: *', S"'':AL . *.:: ~ cJ" . l". ;i,-J ...... -:. ~ ' . , ' ~"'f' :::: ...... "1~, . , , , '_^~ ,'" /'1 OF MO~'\" 11111,1\"\ ';., -' ) Y'l ne.5 1)'7 111111111111 ~IIIIIIIIIIIIIIIIIIIII 111111111111111 ~1~f:~3~p Shall.y Vanoa-Gallatin Co MT MISC 30,00 <:::' \ . \ ACCEPTED: CITY OF BOZEMAN by its City Manager ~.~,. , ,',. .,.,"'"..,.,'"", c-,', ~~:;v9..,('t '~.:~;..1l" /J/J ~ ~ -""".,';.~ Clerk ,pf1beCity,-Coirtmission . ",,' ~:-:;:.~ =S:: ie, :-S'f'ATE;;cm,:MUf,tt)\.NA ) '._ <';. ~ ~. ~.... .,' .0.. ~ . :"-",,' l' -,,>,,,, ,,',- ) ss. C01.iti~of;G~ltatrn ) On this /t 7" day of ~A. ,2 tltJ-iS, before me, a Notary Public for the State of Montana, personally appeared CLARK V, JOHNSON and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk ofthe City Commission for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they ~xecuted the same for and on behalf of the City of Bozeman. , \ \-. ". , ',,'. IN WITNESS WHEREOF, I have hereunto set my han and affixed my seal on the day lfudyear first above written. '. >> " (SEAL) <, Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires: ~ -/.f- .,.,JtJ() J.- . , , I I I I I - ---+- ~ ~ ~----------------------------------------------------- I I I I ~------------------------r------------_._- I I I I N90'OO'OO"[ I 30,00' II \ ,-.JI I I I I,' I f' I I L-,I , , , , 3D' PUBLIC WATER LINE EASEMENT ~ . . o 0 o 0 '0 <ri o ...., o o z Gallatin Center Lot 9.1 Plat J-348 N ' , "w 373,10 -" ",.. "-,,,, ,., ,. - - - -.. - - - --i I I I I I N90'OO'00"[ : 26,92' I S' L 30' PUBLIC WATER LINE EASEMENT ~ s\O~ \~\)€ D\'-J\ ?--'C-w.I>'O~ SU"O ~ w.\~ ~\O i\ 3 0 ~O' \..0 EASEMENT DESCRIPTION An easement for waterline and fire hydrant purposes located in the Northeast One-Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana and being further described as follows: Beginning at a point which bears North 90'00'00" East, a distance of 74.60 feet from the Southwest Corner of Lot 9,1, Gallatin Center Subdivision P.U.D., Phase II; Thence North 90'00'00" East along the south line of said Lot 9.1, a distance of 30.00 Feet; Thence South 00'00'00" East, a distance of 5.00 Feet; Thence North 90'00'00" East, a distance of 313.10 Feet; Thence North 00'00'00" East, a distance of 5,05 Feet: Thence North 90'00'00" East, along the south line of said Lot 9.1, a distance of 26. 92 Feet; Thence South 00'00'00" East, along said Lot 9,1, a distonce of 11.34 Feet; Thence North 90'00'00" East, along said Lot 9.1, a distance of 3.08 Feet; Thence South 00'00'00" East, a distance of 23. 71 Feet; Thence North 90'00'00" West, a distance of 373.10 Feet; Thence North 00'00'00" West, a distance of 35.00 Feet to the Point Of Beginning. The recording of this document replaces and supersedes the "Sewer and Water pipeline and Access Easement and Agreement", recorded 8/21/2002 @ 3: 27 P.M., as Document Na. 2078745 at the Gallatin County Clerk and Recorders office. GALLA TIN CENTER LOT 3 WATER LINE EASEMENT o 30 60 ~ I SCALE: 1 INCH - 60 fEET Hnzelnan, Montana ALLIED ENGINEERING Civil Engincering Land Surveying Geotechnical Engineering ]2 DISCOVERY DRIVE BOZEMAN, MT 5~7 J oS rn(JNE (401i) 51t2-0221 FAX (406) 5B2-577f1 I I I I (I I -, I I I r--.J I S 00'00'00" E I 11.34 I I N90'00'OO"[ 3,08 90 I a: .... :;; .... a .""If) - -_N .... 0 :!ii: mm~ S.~ N:N 0-- iiiiiiiii a !!!!!!!!!!!!! ~ =a iiiiiiiii <'l iiiiiiiii iiiiiiiii - =u -UI -.... === IE =1- !!!!!!!!!!!!! E iiiiiiiii 0 iiiiiiiii U iiiiiiiii .5 iiiiiiiii ... !!!!!!!!!!!!! ~ =.... -- =0 -. -- ~g -- -> iiiiiiiii >- -a =.... -.... -1 _UI EXHIBIT A ORAwN BY; GlF OATE: 12/02 PRO..E:CT I: 01- 245 EASEMENT,OWG