The URL can be used to link to this page

Home My WebLink About05- Jordan, Robert H & Mardella A.; 10030 Hyalite Canyon Rd - Water Pipeline Construction Easement City of Bozeman Water Pipe Line Construction and Easement Purchase Agreement This agreement is dated the 2nd day of May , 2005, by and between Robert H. Jordan and Mardella A. Jordan, of 10030 Hyalite Canyon Road, Bozeman, MT 59715 (Grantors), their successors and assigns, and the City of Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main Street, Bozeman, MT 59715 (Grantee), its successors and assigns. WHEREAS, Robert H. Jordan and Mardella A. Jordan (Grantors), have fee simple title to that parcel described by deed and recorded on Film 114 Page 4368, (Property)as filed with the Gallatin County Clerk and Recorder; and WHEREAS, the City of Bozeman (Grantee), in or about the year 1957, did construct a water pipe line within the existing easement granted to the City on August 6, 1957 and recorded in Misc. Book 17 Page 431, as filed with the Gallatin County Clerk and Recorder; and WHEREAS, the City of Bozeman (Grantee), now desires to construct a new water pipe line within said easement and obtain a temporary construction easement for said new water pipe line across the aforementioned Property, under the terms and conditions herein. WINESSETH: In consideration of the payments herein set forth and the specific agreements to be performed by both parties hereto and written into this agreement, the parties hereto bind themselves to the terms and conditions set forth herein. No verbal agreements shall be binding on either party and this agreement shall become effective upon execution by a designated representative ofthe Grantee, the City of Bozeman. THE GRANTORS AGREES: 1. The Grantors agree to grant a 35 foot wide water pipe line easement across their property. The easement shall be granted on the attached easement document which shall be signed and provided to the City of Bozeman with this purchase agreement. The Grantors further agree to execute a revised easement at the conclusion of the construction of the water line if the location of the existing water line varies substantially from the available records from which the easement is described. 2. The Grantors will allow the Grantee, through its contractor, to utilize a strip of land 20 feet wide, as a temporary construction easement, for stock piling material and operating equipment. Said temporary easement will terminate upon the completion of all work related to the construction of the new water pipe line and the restoration of the area to the standards noted below. Said strip being described as follows: A temporary easement for construction purposes over a strip of land 20 feet wide, lying within the land of the Grantors, the east line of which is the west line of that easement noted in Item 1 above. 3. The Grantors agree to reseed the disturbed hay field area from approximate Station 34+50 to Station 60+25 at their own expense. THE GRANTEE AGREES: 1. The Grantee will compensate the Grantors a direct payment of $25,000.00, within thirty days of recording the easement and Release and Reconveyance of Easement by providing payment to Robert H. Jordan and Mardella A. Jordan, and mail it to 10030 Hyalite Canyon Road, Bozeman, MT 59715. 2. The Grantee will release and convey the existing water pipe line easement across the subject property that was recorded in 1957. The instrument that will be utilized IS attached to this agreement. Said instrument will be filed simultaneously with the new easement that the Grantors are granting. 3. The Grantee, through its contractor, will provide the following restoration during construction: A. Remove and reinstall fence from approximate Station 13+75 to 15+50. B. Remove and replace large rocks at approximate Station 22+00 to prevent vehicle access across property. C. Return area from south property line to Hyalite Canyon Road to existing conditions including removing and replacing topsoil and re-vegetate using a native seed mix. D. Preserve and protect the existing rock fence near Station 34+50. E. Remove and reinstall fence in two locations at approximate Station 34+50. Remove and reinstall gate that provides access to pasture on the east of the irrigation ditch, if necessary for construction. Maintain fences over the duration of construction to provide animal containment as necessary. F. Repair gravel access road at approximate Station 34+50. G. Remove and reinstall 24" culvert at approximate Station 35+00. H. Protect irrigation pipe crossing at approximate Station 43+50 and repair or replace as needed. I. Reconstruct ditch at approximate Station 44+00. 1. Remove and reinstall fence on north property line at approximate Station 60+25. K. Remove and replace topsoil and remove all trash and stones exceeding 3 inches in diameter from area to a depth of 12 inches. L. Mark above ground features in field with flexible delineators. This includes two existing blowoffs, one new blowoff on the north property boundary and one corrosion protection test station at the north property boundary. The new blowoff and corrosion protection test station shall be installed within 2 feet of the north fence line. 4. The Grantee will provide a two year warranty on all aforementioned work listed in Item 3 above. The warranty shall at a minimum cover two crop seasons. As the Grantor is seeding the disturbed area from approximate Station 34+50 to Station 60+25, the Grantee will not warrant this portion of the work. 5. The payment described in Item I above includes compensation for crop damage associated with the water line installation. Said crop damage includes both the damage in the construction zone and the loss of crop production from the inability to irrigate the field as a result of construction. 6. The payment described in Item 1 above includes compensation for reseeding the disturbed area from approximate Station 34+50 to Station 60+25. 7. The payment described in Item I above includes compensation for loss of revenue for pasture ground impacted by the water line construction. 8. The Grantee agrees to complete the work on the Grantors' land by March 1,2006. If unforeseen circumstances delay the work beyond said date and if the Grantor is unable to seed the area in time for the 2006 growing season the Grantee agrees to compensate the Grantor for the value of crop loss for one year for the area that is disturbed, the agreed upon value is $500.00. 9. The Grantee agrees to advise the Grantor of the contractor's construction schedule as soon as it is available. The parties hereto mutually understand and agree that the rights and obligations set forth under the terms of this agreement shall automatically terminate upon completion of the pipe line construction project. The signatures below signify the acceptance of the conditions listed above and recognition that these conditions represent the full amount of requirements for the Grantor's property. The work will be performed by the Grantee, through a contractor selected through a competitive bidding process. ~f~ GRANTOR U Jn~d.~ GRANTOR STATE OF MONTANA ) ) ss. County of Gallatin ) On thissl] day of a ~ , 2005, before me the undersigned, a Notary Public fo! the State of Montana, personally appeared Robert H. Jordan and Mardella A. Jordan, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. \ \ \ III , ! III \. \. \ I, ,\ .,1\. [.1/,. II ,'",v- '..".'<"/ // {1 f~:>,'. -- " __" .'" ~ ',s;/~_ <~~ (/ ~ :-,":,'().i',i!/"'I"':')~'<:: ~~\~~ 1)1/. ~ .. ,\ ,...n ',..:~ Notary PublIc for the State of Montana -. --,' K-'-'-' ---- .;\::: L ~ ~ IY\ J^ ~ (SEMl ';~,L : ,',;- _:;-i II ,- cJl. .' ~ () <:-y- j.. , , , . ' <~ "?'.:.'........:: (Printed Name / /0 ...... ~\ .... .Y'\/)T //11<:'" OF MO'\ \\:,." Residing at ~ ~ I I l- 11111111\\\\\\ MyCommissionExpires~ 120 ~ CITY OF BOZEMAN CU~~ Chris Kukulski, City Manager ATTEST: ~/~ Clerk of the City Commission STATEOFMONTANA ) ss. County of Gallatin ) On this 2- "I- day of ~ ' 2005, before me, a Notary Public for the State of Montana, personally ap eared CHRIS KUKULSKI and ROBIN L. SULLIV AN, known to me to be the City Manager and 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. \L. ( (Q, tAA () ~~/Vl ~ (SEAL) Notary Public for t State of ontana ~ _ ++Q ( .e VlL cg-.. V~VI ,')'1 Ji! f/' (Printed Name) . - _ Residing at Bozeman, Montana ~ - My Commission Expires: 3 /2& /20 lJJ -...- ---.... - ~ ............... ì H:\0417\040-01 \EASEMENTS\lordan\lordan purchase agreement.doc