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Home My WebLink About01- Mandeville, John M. & Donna R.; C1/4 Corner, Sec 36 - Water Pipeline Easement WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT John M, Mandeville and Donna R. Mandeville, of Bozeman. Montana, the GRANTORS, in consideration of Fourteen-thousand, thirty-five dollars and fifty-one cents ($14,035.51), 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 59715, GRANTEE, its successors and assigns, a perpetual casement to lay, construct and maintain a water pipeline in, through, and across a strip of land situated in Gallatin County, Montana, twenty (20) feet wide to be located on the '..,"..". following described real property: Mandeville Water Pipeline Easement A 20-foot wide easement for water pipeline purposes, 10 feet either side of the following centerline with the easement sidelines foreshortened and lengthened as necessary to parallel the new easement centerline; Commencing at the Center 1/4 comer of Section 36, Township 1 South, Range 5 East, PMM Gallatin County, Montana; Thence North 89021'43" West, 10,21 Feet to the true Point of Beginning of this easement at Waterline Station 27+80,94, said point on the Centerline of this Waterline Easement; Thence North 00032'22" West, 793.32 Feet :J: to the southerly boundary of the Montana Rail Link Right-of-Way at Waterline Station 35+74.26; Containing 0,36 acres more or less, 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-deseribed land by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the GRANTORS in order to survey and establish the route and location ofthe easement and water pipeline and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the water pipeline, services, connections, accessories and appurtenances; and (2) Trim, remove, destroy, or otherwise control any trees and brush inside or immediately adjacent to 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 water pipeline, The consideration of$14,035.51 referred to in theftrst paragraph of this easement includes compensation for crop damage incurred by the GRANTOR in the growing season during which the water main is installed, and for the growing season immediately following, IJ~g~ I 1 ,~, . )1(\ \J 111111111111111111111111111111111111111111111111111111I ~~~~~r:~~p (I , .- "i /I' /'J' ) '-~' / / Snallav V.no.~G.l1.t1n Co MT MISC 38.00 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 GRANTORS 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 after all operations or excavations, the finished surface in substantially the same condition as existed prior to the beginning of operations except that the surface ofbaekfilled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place, Any surplus topsoil will be stockpiled for use by the GRANTORS at a place to be mutually agreed upon by both parties, (3) To indemnify and hold GRANTORS harmless from any and all claims, causes of action, liability or damages (including attorney fees) arising from GRANTEE'S use of the easement or any of GRANTEE'S operations condueted within or immediately adjacent to the easement. THE GRANTORS AGREE: (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 aecess, a 12 foot wide all-weather access road may be constructed within the easement where at the City's discretion such aceess is required for operation and maintenance purposes. (4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted 1 (. {f\ )j. <:2 n1 )1) .J 111111111111111111111111111111111111111111111111111111 ~~~~r~~p Snaiiav V.noa~G.li.tln Co MT MISC 38.00 without any interruption by the GRANTOR(S), The terms, covenants and provisions ofthis easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto, (5) The GRANTORS further grant to the City a temporary construction easement, fifteen (15) feet on each side of the above described easement for use during installation of the water main, the effect being that the City and it's agents shall have the right to use and occupy twenty-five (25) feet on each side ofthe centerline described in Exhibit A for the purpose of construction of the water main, This temporary construction easement shall terminate upon final payment to the contractor installing the pipeline. Said temporary construction easement is depicted on Exhibit B, attached hereto and made a part hereof by this reference, DATEDthis /3 dayof ~. ,2001. c./ ~ m. )1'1 a/t1/h4/{,/~ c~ M, Mandeville t) ~If);fl ~LLG Donna R. Mandeville INDIVIDUAL STATE OF MONTANA ) ) ss, County of Gallatin ) On this t1- day of J j/ /1 ~_ .2 c/./ / ,2001, before me the undersigned, a Notary Public for the State of Montana, personally appeared J'i h r1 r/ ~.-7 J?&-/ /;%;.l~",;,l1:1illown to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written, - ~ ~. .,..J .:~::.~: =;:~~~:;~~'\ .rj'i~DJT A R \>{.~ "\ .,.; l ' oj; t~,:::: .~ ". ~ " :- ~ ~ i ~ .,....'. ..A/. n LIC'" :;:- ,.' .. V G \. ~ ...... "J -'III ~r.. ,,:..... '. ,'J~ ~...... ....,\..... (y . ........... -1'" ...... ....... ""~\~ 1.\~" \v .....,... ,,{ ;"':;,'" ~';\, \. ~.... \\ ""f',,'.f ,i;,j'.... 1o.'1.~""'I~'.\\\\\ /'111/111\11'" ~/;/ .% ~<'. ~ /~~?'2"~~ Notary Public for the State of Montana Residing at (); -Z"7..-77 v -? My Commission Expires 3/ /J,/2002. 3 111111111111111111111111111111111111111111111111111111I ~~~~~r:~~p Snaliav V.noa~G.ll.tin Co MT MISC 35,00 ACCEPTED: , , ""'";,.. ~ '....",..l.~ ,',~r :/~.."-' '''....:..:> , "',,", ~\ "..;<" \ ......,.~ ~-l CITY OF BOZEMAN by its City Manager Cler~:~;~t ,~~~ission ~-,~ ,._~- '-",\.." STATE OF~(JN1'ANA ) ) ss, County of Gallatin ) vr On this ~ day of ,2001, before me, a Notary Public for the State of Montana, personal1y a e ed CLARK V, JOHNSON and ROBIN L. SULLIV AN, known to me to be the City Manage d Clerk of the City 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 ,',:year first above written. I! ,~-; .d : (SBAL). Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires: h .4.J-'dOO~ /' 4 111111I11111111111111111111111111111111111111111111111I ~~~~~r:~~p Snallav V.noa~G.il.tin Co MT MISC 38.00 111111111111111111\111111111 HI~ 11\1111 ~~~~~r~~p ShalllV V.noa~G.ll.tin CO MT MIse 38.00 Exhibit A EASEMENT DESCRIPTION A 20 FOOT WIDE EASEMENT FOR WATER PIPELINE PURPOSES, 10 FEET EITHER SIDE OF THE FOLLOWING CENTERLINE WITH THE EASEMENT SIDELINES FORESHORTENED AND LENGTHENED AS NECESSARY TO PARALLEL THE NEW EASEMENT CENTERLINE; COMMENCING AT THE CENTER 1/4 CORNER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PMM GALLATIN COUNTY, MONTANA; THENCE NORTH 89.21'43" WEST, 10.21 FEET TO THE TRUE POINT OF BEGINNING OF THIS EASEMENT AT WATERLINE STATION 27+80.94 ON THE CENTERLINE OF SAID WATERLINE EASEMENT; THENCE NORTH 00'32'22" WEST, 793,32 FEET :t TO WATERLINE STATION 35+74,26, SAID POINT ON THE SOUTHERLY BOUNDARY OF THE MONTANA RAIL LINK RIGHT-OF-WAY; ....... I ,....... / ....... Sq> J),........ (q.,~ ......., I -?-? " , I . -?/~'~ STATION 35+74.26~ \ '" , , I '\.." \ ~ '\..", -....( 0 tOl~ " ~~ I ~ CENTER 1/4 N SECTION 36 I ~ FOUND REBAR I :E & ALUM, CAP _----- PER CORNER _--------_ /--1 --...... RECORD 2-565 /--- --.......... /' ""...... .../ I N 00'32'22" W', I ) -- --/ 1......- " '_'_'_'_'_'_", _ ., _ _ _ _ yo-- _ -------// ~793,32 CENTER 1/4 " ~--_ I T 3 '... __- -..........., / N 89'21' 43"W SEC ION 6 STATION 27+80.94 SEE DETAIL 1 ", \ -1 0.21 - .!!.f) ) " I AT RIGHT '" I STATION / '" \ 27+80.94 // " ~~/ '--------------~; CONTAINING 0,36 ACRES MORE OR LESS, ~,X) €.\l\ \..\..t.. \JI p..'-" jO'(\~ ~\ I Z ~\\JI~ \ 0 Ot..~ ~ ~ q O~\ p..~p.. :\€. \..p..~OS ~ I ~ W\ Ot S\ f>- ~ \ 0;= I::!: I DETAIL 1 NOT TO SCALE FOUND REBAR & ALUM. CAP PER CORNER RECORD 2-565 o .300 ~~ SCA~e:: , eoo I INCH - 300 F"EET 910 BASIS OF BEARING: FROM GPS OBSERVATION ON OCTOBER 10, 2000, CITY OF BOZEMAN WATER PIPELINE WATER PIPELINE EASEMENT BOZEMAN, MONTANA ,,::I.;I;'''i'''''~ ", ."".'.'"'' . iiJLlli::. ALLIED j;;NG1NEERING Civil Engineering Land Surveying Geotechnical Engineering )2I>ISCOVl.::llY DRIVl:: U()ZEMAN. MT 1971~ pll()Nf (40b) ,""om FAX (4\.1(1) '82-5770 EXHIBIT A DRAWN BY: T.lW DATE: DJ/2001 PRo..ECT OO-OIJ1 ..an......H20.dwg *'1l!""'.....ICES. IN~. _-."..-- X -- _-----",," /(1) ~ _-----, ",,'-,W, ~;" _----- 15" e:::, (I) "- ---- CONSTRUCTION I" ,~~ , '~ EASEMENT ( ~', ~~ 15' I, /' " /' ,0., /'r-.> ___ '" CONSTRUCTION \ ',C"L z -------, EASEMENT', 0 :------ " " -----, X CEt?rER 1 /4 ------"::-~--- ~..:i --- --';,. SECTION 36 DETAIL 1 FOUND REBAR NOT TO SCALE & ALUM. CAP PER CORNER _-------- ---- RECORD 2-565 "".".-- ----.... ""........ _",,/ I N 00.32'22" W....,.. ) --- --- '" 1,.- 3 . ,_, _ _ _ _ _ ---- I" ~793' 2 CENTER 1/4 _---/L-----.....-_,/ N 89.21' 43"W SECTION 36 SEE DETAIL 1 ......, \ -1 0.21 - ~ } '\ I AT RIGHT '" I STATION / ......_.... I 27+80.94 .._..-// '- -' --- -- -------- . . TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION A 15 FOOT WIDE TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES ON EACH SIDE OF THE FOLLOWING DESCRIBED EASEMENT: A 20 FOOT WIDE EASEMENT FOR WATER PIPELINE PURPOSES, 10 FEET EITHER SIDE OF THE FOLLOWING CENTERLINE WITH THE EASEMENT SIDELINES FORESHORTENED AND LENGTHENED AS NECESSARY TO PARALLEL THE NEW EASEMENT CENTERLINE; COMMENCING AT THE CENTER 1/4 CORNER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PMM GALLATIN COUNTY, MONTANA; THENCE NORTH 89.21'43" WEST, 10,21 FEET TO THE TRUE POINT OF BEGINNING OF THIS EASEMENT AT WATERLINE STATION 27+80,94 ON THE CENTERLINE OF SAID WATERLINE EASEMENT; THENCE NORTH 00.32'22" WEST, 793,32 FEET :i: TO WATERLINE STATION 35+74.26, SAID POINT ON THE SOUTHERLY BOUNDARY OF THE MONTANA RAIL LINK RIGHT-OF-WAY; COMPRISED OF TWO STRIPS OF LAND OF 0,28 AND 0,27 ACRES, AND CONTAINING A TOTAL OF 0,55 ACRES MORE OR LESS. SAID TEMPORARY CONSTRUCTION EASEMENT SHALL TERMINATE UPON COMPLETION OF THE CONSTRUCTION AND FINAL ACCEPTANCE OF THE WATER MAIN BY THE CITY OF BOZEMAN, .. ....... /' ., / "- ..5'0 " V'~"- <,'.1':- 'v<t " 1>1> ' , . 1>/1;, STATION 35+74,26 :::~-- , l ..... ,," ..... ~\J\\..\..~ ~~~\) ~O~~ o -..J 0 tOl~ ~w I ~ I :I I ~--- STATION 27+80.94 ".'" ... , 1 ( -,\- , .. -.... ~\ I Z ~\~~ \ 0 \)t:.? ~ ~ ~ O~\ ~~~ ~ \..~~\)S ::: I ~ ~ Ot S\~\ "l \ 01 I:;; I "'- i'~ ...~ e_ <- < .- ::J o , ~ :=- . ..- 5"- o~ o 3- ....- :11 u;- O- W CJ> a a_ g~N ::=e -I.. NCJ>GI 30Gl ....-(11 ~CJ>e ~ (II '1J --. -.....- .... .. , .. .. , \ , \ 20' , \ EASEMENT) I I 1 1 " ,.. ,.. , ".'" ...- DETAIL 2 NOT TO SCALE FOUND REBAR & ALUM, CAP PER CORNER RECORD 2-565 ~ 300 500 ~~ I SC....LE: , INCH - 300 FEET 9jO BASIS OF BEARING: FROM GPS OBSERVATION ON OCTOBER 10. 2000. E><'HIBIT B CITY OF BOZEMAN WATER PIPELINE #/fe WATER PIPELINE CONST, EASEMENT ALLIED BOZEMAN. MONTANA ~:~~~c~~~~~. Civil Engineering Land Surveying Geotechnical Engineering ]2 mSCOVl;RY DRIVE BOZEMAN. MT sm. PIIONE (406)1'''''221 fAX (406) 1.2-l"0 FIGURE 1 DRAWN BY: PolS DA 1E: OS/2DOl PRo.lECT 00-001 WCll'l.....oH20.dwll