HomeMy WebLinkAbout02- Home Depot; Lot 2, COS 2089 - Waterline Easement
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Shelley Vanoe-Gallatin Co MT MISC 30.00
WATERLINE EASEMENT AND AGREEMENT
HOl\1E DEPOT U.S.A., INe., a Delaware corporation, the GRANTOR, in consideration
of One Dollar ($1.00) and other good and valuable consideration, receipt of which is
acknowledged, grants to the City of Bozeman, a municipal corporation of the State of Montana,
411 East Main, Bozeman, MT 59715, GRANTEE, its successors and assigns, a perpetual
easement to lay, construct and maintain a water pipeline with the usual services, valves,
connections, accessories and appurtenances for the purpose of transmitting in, through, and
across a strip of land situated in Gallatin County, Montana and 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 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.
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Shelley Vanoe-Gallatin Co MT MISC 30.00
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said pipeline, it will repair or replace,
at its sole expense, or pay to GRANTOR 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 it 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 it 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.
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Shelley Vanoe-Gallatin Co MT MISC 30.00
(4) The GRANTOR warrants that it is lawfully seized and possessed of the real property
described above, that it has a lawful right to convey the easement, and that it will protect
the quiet and peaceable possession of Grantee pursuant to the easement rights granted
herein against all and every person or persons lawfully claiming the whole or any part
thereof.
(5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted
without any interruption by the GRANTOR. 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 ofthe parties hereto.
DATED this 17 day of IJ1tt1(
,2002.
GRANTOR:
HOME DEPOT U.S.A., INC., a Delaware
corporation
~
aniel R. Hatch
Senior Corporate Counsel
COUNTY OF ORANGE )
)ss.
STATE OF CALIFORNIA )
On f/1tlJ.f /7 ,2002, before me, L/.so- M ~/J-/L ,a
Notary Public in and for the said state, personally appeared Daniel R. Hatch, personally known
to me (or proven to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument, the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
r"" '. ' ". 'LIsA "M.' SMITH r~
(SEAL\'" €t Comm, # 1290415 Ul
. JU) ~.... NOTARY PUBLIC-CALIfORNIA
" Orange County ...
'" ' . My Comm, Expires J.n, 12,2005 t
I........................, ... .
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Shelley Vanoe-Gallatin Co MT MISC 30.00
ACCEPTED:
CITY OF BOZEMAN
ATTEST:
@fJ~~
Clerk of the City Commission
ByL~,~
Its ' City Manag r ..-
STATE OF MONTANA)
) ss.
County of Gallatin )
On this 4f~ day of , 2t1t1.1.. , before me, a Notary Public for the
State of Montana, personally a red ~~y e--teHNSON and ROBIN L. SULLIVAN,
known to me to be the City M ager anc!l~'(erk ofthe Clty Commission 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 y~arJirst above written.
')"':' "",' :,.: \,
'1,\
ot~1 Public f9r the Sta}e of Montana
r c://"II, ,4I.vv ~ C c;l
(Printed N ariIe )
Residing at Bozeman, Montana
My Commission Expires b-/17 ,20t?$.
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Shelley Vanoe-Glllatin Co MT MISC 30.00 .
Exhibit A
EXISTING. 12" WATERLINE EASEMENT
An Existing 12" Waterline Easement over, under and across that portion of Lot 2 ofC.O.S. 2089,
in the N.E. 1/4 of Section 2, T.2S., R.5E., P.M.M., Gallatin County, Montana.
Lying 15.00 feet each side of the following described centerline:
Commencing at the terminus point "A" of Parcel 1 of water pipeline Easement to the City of
Bozeman, recorded June 15, 1998 in film 198, page 3999, records of Gallatin County, Montana;
thence 5.89045' 10"W., along the centerline of Tschache Lane, 10.61 feet to a point over an
existing 12" waterline and the POINT OF BEGINNING; thence N.00004' 18"W., 11.27 feet to a
900 bend in said existing 12" waterline; thence N.89055'42"E., 260.63 feet; thence
N.8704T25"E., 148.42 feet to the Westerly right of way line ofN.19th Avenue and the Terminus
of this Existing 12" Waterline Easement.
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