HomeMy WebLinkAbout02- BarLand LLC; Church & Tamarack - Water Pipeline Easement
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Shelley Vanoe-Gallatin Co MT MISC 24.00
WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
BarLand, LLC: P.O. Box 1109, Bozeman, MT 59771-1109, 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 of the State of Montana, 411 East Main,
Bozeman, MT 59771-1230, GRANTEE, its successors and assigns, a perpetual casement to lay,
construct and maintain water pipeline with the usual services, valves, connections, accessories and
appurtenances for the purpose of transmitting potable water in, through, and across a tract of land
on the following described real property: Located in the Southeast Ouarter of Section 6, Township
2 South. Range 6 East. PMM. From the Southeast Comer of Lot 1, Block 110, of the Amended
Plat C-23-W of the Northern Pacific Addition, in the City of Bozeman. Gallatin County, Montana.
Thence N89059'57"W at a distance of 107.44' along the North Right-of-Way of Tamarack Street to
the Point of Beginning. Thence N45000'OO"W at a distance of 42.43'. Thence N89059'57"W at a
distance of 61.36'. Thence S45000'00"W at a distance of 7.69' to the East Right-oE-Way of Church
Avenue. Thence along said Right-of-Way S01032'08"W at a distance of 24.62' to the North Right-
of-Way of Tamarack Street. Thence along said Right-of-Way S89059'57"E at a distance of 97.46' to
the Point of Beginning.
Said Tract of land being 0.056 Acres.
The easement is more particularly described on the attached Exhibit A....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, repatr, 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 GRANTEI~, 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
G:\04M229.134\Easernml (Boz. Creek)
(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, repamng, substituting,
removmg, enlarb~ng, replacing, and maintaining of said water pipeline, it will repatr 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.
TIlE GRANTOR(S) AGREES:
(1) At no time will they build, construct, erect or maintain any permanent structure within the
boundaries of said casement 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 placemcnt of fill material within the boundaries of said easemcnt without
the prior written consent of the GRANTEE.
(3) That where the subjcct improvements arc not located undcr 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 requircd for operation and
maintenance purposes.
(4) The GRANTOR(S) warrant that they arc lawfully seized and possessed of the rcal property
describcd 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 hcirs, executors,
G:\04M229.134\Ease~nl (Boz. Creek)
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Shelley Vanoe-Gallat1n Co MT MISC 24.00
.,
administrators, personal representatives, successors and assigns of the parties hereto.
DATED this Ira day of
Iil tUj
(j
, 200 2..
GRA
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ~ day of /lJ Tl Y , 2002, before me the undersigned, a Notary
Public for the State of Montana, personally appeared, R X OGiE , known
to me to be the MAN'AwfN4 Mf:Mf)~R of BA-RLANb and
the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the within instrument for and on behalf of BAR.LAt.J C>
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
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Public for the State of Montana
Residing at f3tlZEiJ11fIV
My Commission Expires q-/fAJllAf2Y' 22, 2tV6
ACCEPTED:
STATE OF MONTANA)
) ss.
County of Gallatin )
On this ~ day of , 2002, beforc mc the undersigned, a
Notary Public for the State of Mo rsonally appcared CLARK V. JOHNSON and ROBIN
1. SULLIVAN, known to me t the City Manager and Clerk of the City Commission for the
City of Bozeman and the persons whose names are subscribed to the within instrumcnt, and
acknowledged to me that they executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my seal on the day
and year- first above written.
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IGNATURE
Not~ PUbli~Jr the State of Montana
Resldmg at ~ ~
My Commissio xpires ,/",-- "A'tJtJ:J-.
G:\04M229.134\Easemenl (Boz. Creek)
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Shelley Vanoe-Gallatln Co MT MISe 24.00
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