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Home My WebLink About05- City of Bozeman; Main St & Wallace - Water Pipeline and Access Easement ~ [iLATTEQ' (1 / 1111111111111111111111111111111111111111111111111111111 ~~t~~r:: ~p ; 1 Snelley Vance-Gallatin Cc MT MISC 30,00 . - "'.- "..--..""'.--..-. u WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT The City of Bozeman, 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 Citv of Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain approximately 1,325 I.f. of water pipeline with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water in, through, and across a strip of land situated in Gallatin County, Montana, Thirty (30) feet wide to be located on the following described real property: Being on a portion of Lots 7, 8, 9, 20, 21 & 22, Block C, Rouse Addition to Bozeman, Lots 7, 8,19 & 20, Block B, Lots 4,5,6,7,8,22 & 23, Block C, Lots 1, 2, 3 & 4, Block F, and the 11.5 foot wide alley adjoining Block F, Rouse's 2nd Addition, the vacated Babcock Street, Olive Street and Curtis Street, all by City Ordinances 402 and 930, and that part of the Northwest One-Quarter, of the Southeast One-Quarter of Section 7, lying northwesterly of the Centerline of Mill Creek, Iyiny easterly of the east line of the alley adjoining Block F, and lying south of the south line of vacated Curtis Street, located in the East One-Half of Section 7, Township 2 South, Range 6 East, Principle Meridian Montana, City of Bozeman, Gallatin County, Montana The easement is more particularly described on the attached Exhibit 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, 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. 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. 1 . Ilmlll~1 ~IIIIIIIIIIIIIIIIIIIIIII~ 1111111111111111 ~:l~~r:~: " Sh.llay Vanca.Gallatln Ce MT MIse 30.00 ,-- (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(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) warrants 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. DATED this 16th day of May ,2 005 . C~A.~ . GRANTOR e:\...\swpipe.eas 2 . -. .--..- -. --..-...---..---. .--.".---.- . . \ CORPORATE STATE OF MONTANA ) 1111111111111111111111111111111111111111111111111111111 ~;~&6:~~ ) ss. County of Gallatin ) Sn.lllY Vanc.-Gallatln Cc MT MISC 30.00 On this /ft,rJ.--day of ~ ' 2005, before me the undersigned, a Notary Public for the State of Montan ,personally appeared, Chri s A. Kukul ski , known to me to be the f:ity Milnilgpr of the City of Bozeman 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 the City of Bozeman IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and yea'ffir~t above written. ~.. t-. ,'" ___ ....,.;;~.....".. .11"..." ~.~( .~\ '/,' c';.:1 ~ ' ". ......... ..,.,,' t.' 0 .J'II'i.\"'1. -,' (...4.....:... .,'. ~ ,Ci ~ '. (~~jA~' ;~ ~",,"---:;' AJ:.. " '... ....... .., ~ ~~~I~ olary Public for t Slate of onlana H.e(.eY1.L 6rwiY1~ (Printed Name) Residing in t2J~ My Commission Expires 3 I zS- 120M ACCEPTEO{,:..;:.. ~;t,~ I ":: . - . CITY OF BOZEMAN ., ,. by its City Manager A~- o'/~ Cler of the City Commission STATE OF MONTANA ) ) ss. County of Gallatin ) On this / to fhday of ~"" , 2 ODS, before me, a Notary Public for the State of Montana, personally appea d CHRIS A. KUKULSKI and ROBIN L. SULLIVAN, 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. ..; . ',~,1 ,.' . .' "'(~EALt ':\ ..,. .....0.. '\'1 ........ ~ . ~ '~iii:r~~~~ HI l.e f/.i.... (.~;'rLM ;r1S~ (Printed Name) Residing at Bozeman, Montana My Commission Expires: 3 / ZS /20.fl.2 e:\".\swpipe.eas 3 . ~ ~ 1111111111111111111111111111111111111111111111111111111 ~~t~~r:: ~p Shlllay VancI-Gallatln Co MT MISC 30,00 LEGAL DESCRIPTION A Public Utility Easement being on a portion of Lots 7, 8, 9, 20, 21 & 22, Block C, Rouse Addition to Bozeman, Lots 7, 8, 19 & 20, Block B, Lots 4, 5, 6, 7, 8, 22 & 23, Block C, Lots 1, 2, 3 & 4, Block F, and the 11.5 foot wide alley adjoining Block F, Rouse's 2nd Addition, the vacated Babcock Street, Olive Street and Curtis Street, all by City Ordinances 402 and 930, and that port of the Northwest One-Quarter, of the Southeast One-Quarter of Section 7, lying northwesterly of the Centerline of Mill Creek, Iyiny easterly of the east line of the alley adjoining Block F, and lying south of the south line of vacated Curtis Street, located in the East One-Half of Section 7, Township 2 South, Range 6 Eost, Principle Meridian Montana, City of Bozeman, Gallatin County, Montana, and further described as follows; Beginning at the Northwest Corner of Bozeman Public Library Property thence South 89"34'20" East, along the north line of said property a distance of 30,00 feet; thence South 00"25'41" West, a distonce of 26.39 feet; thence Sou th 89.34'20" East, a distance of 15.91 feet; thence South 00.25'41" West, a distance of 10.00 feet; thence North 89.34'20" West, a distance of 15.91 feet; thence South 00.25'41" West. a distance of 769,16 feet; thence North 89.57'55" West, a distance of 83.27 feet; thence South 00.25'41" West, a distance of 282,98 feet; thence North 89.34'20" West, a distance of 15.04 feet; en thence South 45"30'07" West, 0 distance of 93.26 feet; 3: u thence North 89"29'53" West, a distance of 79.19 feet to a point on ,..: z w the westerl y line of said property; ::;; w U1 thence North 01.24'32" East, along said westerly line a distance of <{ w 30.00 feet; '" w ,- thence South 89.29'53" Eost, a distonce of 66.28 feet; <{ ~ ./ thence North 45.30'07" East, 0 distance of 89.63 feet; '" OJ i': thence North 00"25'41" East, a distance of 285,32 feet; ::J (/1 ./ thence South 89"57'55" Eost, a distance of 83.27 feet; en '< u thence North 00.25'41" Eost, 0 distonce of 545.75 feet to a point ,/ '" on the westerly line of said property; 0 .n thence North 00.25'41" East. along said westerly line a distance of ~ r 230,00 feet to the Point of Beginning. 0 E ~ 0 m 0 ... I N 0 ,/ N 0 0 N ,/ .:..; :f&. PROJE:ct SuRvEyQA: KIT SHEET Civil Engineering :l2U1SCOvJ::1f.'t" IJkJV~ 10F2 Land SlUVey;ng BOZEMAN. MT .597111 DRAWN ev: KWO ALLIED Geotechnical Engineering PI lONE (406) .5112.0221 REVIEWED ElY: KIT PROJECT No. 02~140 ENGINEERING Structural Engineering t'Ax(406)582-5770 6E 51I;;RVICI;;S, INC. OA TE: 04/15/05 WATER EASEMENT.dwg , 1111111111111111111111111111111111111111111111111111111 ~~t~~r:~ ~p ~, Snelley Vance-Gallatin Cc MT MISC 30.00 EXHIBIT PUBLIC UTILITY EASEMENT BEING ON A PORTION OF LOTS 7, 8,9,20,21 & 22, BLOCK C, ROUSE ADDITION TO BOZEMAN, LOTS 7, 8,19 & 20, BLOCK B, LOTS 4, 5, 6, 7, 8, 22 & 23, BLOCK C, LOTS 1, 2, 3 & 4, BLOCK F, AND THE 11.5 FOOT WIDE ALLEY ADJOINING BLOCK F, ROUSE'S 2nd ADDITION, THE V ACA TED BABCOCK STREET, OLIVE STREET AND CURTIS STREET, ALL BY CITY ORDINANCES 402 AND 930, AND THAT PART OF THE NORTHWEST ONE-QUARTER, OF THE SOUTHEAST ONE-QUARTER OF SECTION 7, LYING NORTHWESTERLY OF THE CENTERLINE OF MILL CREEK, LYING EASTERLY OF THE EAST LINE OF THE ALLEY ADJOINING BLOCK F, AND LYING SOUTH OF THE SOUTH LINE OF VACATED CURTIS STREET, LOCATED IN THE EAST ONE.HALF OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA SOoo25'41"W 26.39' ..- MAIN STREET 589034'20"E 15.91' 'W.R" ,-,..- ~ ~ Z ~ N89034'20"W 15.91' pLJBl~C,.y ~ lE:~,ANpROPE: U BOR,ARY < liB ~ ,1" ~ b { o 6<ll .~ f:t?s IT &~S <t Qj 26 25 24 N45030'07"E 89.63' S89029'53"E 66.28' 0> " " >-' Z ~,I ::> w (f) N89034'20"W <( w 15.04' 0< w c- o<{ S4so30'07"W ;: < 93.26' '" i: :J (f) N89029'53"W /' '" '" 79.19' '0 /' '" e LJ ~ C 0 BASIS OF BEARING: E '" N 0 BEARINGS ARE GEODETIC, DERIVED i m co FROM GPS OBSERVA~ONS WTH o;t 0 100 200 300 'I SURVEY GRADE RECEIVERS AND ~ I I '" REFERENCED TO THE MERIDIAN AT 0 SCALE: 1 INCH = 200 FEET ./ WGS 84. '" 0 0 NORTH LATITUDE 45'40'44" "" /' WEST LONGITUDE 111'01'.37" .:J m Civil Engineering PROJECT SURVEYOR'; KIT SHEET ~2 mSl,UVI:;KY U1UVI::; 20F2 Land Surveying BO:l~M^N, MT S97111 DRAWN By: KWO ALLIED Geotechnical Engineering PIIONF. (406) S1l2.0221 REVIEWED BY: KIT PROJECT No. 02~ 140 ENGINEERING Structural Engineering t'AX(flOu)S82-S770 6E OATE: 04/15/0~ WATER EASEUENT,dwg I5I1::.I"IVIC:;e.S, INC.