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Home My WebLink About05- Liebman, Steven P. & Marianne C.; Tracks 1, 3 of COS 392 - Water Pipeline Easement & Construction Agreement . , . City of Bozeman Water Pipe Line Easement Purchase and Construction Agreement This agreement is dated the 2- \ day of jtt1.N' , 20 0.5 , by and between Steven P. Liebmann and Marianne C. Li mann, of 7177 Jade Street, Bozeman, MT 59715-8360 (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, Steven P. Liebmann and Marianne C. Liebmann, of 7177 Jade Street, Bozeman, MT 59715-8360 (Grantors), have fee simple title to Tract 1 and Tract 3 of Certificate of Survey No. 392, (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 28, 1957 and recorded in Misc. Book 17 Page 501, as filed with the Gallatin County Clerk and Recorder; and WHEREAS, the City of Bozeman (Grantee), desires to obtain an easement for a new water pipe line to be constructed 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. THE GRANTORS AGREE: 1. The Grantors will grant the Grantee a 30 feet wide easement across said Property by signing a City of Bozeman Water Pipeline and Access Easement and Agreement, a copy of which is attached hereto and incorporated herein. Grantors will provide the fully executed easement to the City not later than 30 days following the City's acceptance of this purchase and construction agreement. 2. The Grantors will allow the Grantee, through its contractor, to utilize the area shown on the enclosed "Exhibit A" as "Temporary Construction Easement" during the construction of said pipe line 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. " , . THE GRANTEE AGREES: 1 In exchange for the foregoing, the Grantee will pay to the Grantors a one-time- only payment of $ 2,302.60, being the sum of Items 4 and 5 below. Said payment shall be made to Steven P. Liebmann and Marianne C. Liebmann, and mailed to 7177 Jade Street, Bozeman, MT 59715-8360, not later than 30 days following the recording of the Water Pipeline and Access Easement and Agreement. 2. The Grantee, through its contractor, will provide the following restoration during construction: A. Remove and reinstall fence at approximate Station 184+50. B. Reconstruct ditch at approximate Station 184+80. C. Return areas noted in Items A and B above to existing conditions including removing and replacing topsoil and re-vegetate using a native seed mix. D. Preserve and protect an existing gravel access road from approximate Station 202+25 to approximate Station 218+00. E. Remove and replace topsoil and remove all trash and stones exceeding 3 inches in diameter from area to a depth of2 inches. 3. The Grantee, through its contractor, will provide a one year warranty on all aforementioned work on the project. 4. Grantee will compensate the Grantor $2,121.00 for crop damage from Station 185+00 to Station 218+00 based on the following: A. A 30-foot wide strip of ground will be disturbed to the extent that it will require seeding. This area is 99,000 square feet or 2.27 acres. Compensation includes 100% crop loss the first year, 70% crop loss the second year and 30% crop loss the third year. Compensation is based on a yield of five (5) tons of hay per acre at a price of $70 per ton per year for full loss or a total of$I,589.00. B. A 20-foot wide strip of ground will be disturbed to the extent that no crop will be harvested the year of construction but the soil will not be disturbed as to require reseeding. This area is 66,000 square feet or 1.52 acres. Compensation includes 100% crop loss for the first year. Compensation is based on a yield of five (5) tons of hay per acre at a price of $70 per ton per year for a total of$532.00. 5. Grantee will compensate the Grantor $68.10 for reseeding the area in Item 4.A above, and $113.50 for re-tilling that area, for a total of $181.60. A. Compensation is based upon $30.00 per acre re-seeding cost and $50.00 per acre tillage cost. . . . . . 6. Grantor acknowledges and accepts payment as set forth in Paragraphs 4 and 5 above as payment in full for all crop damage sustained during the initial construction phase of the water pipeline. 7. In the event either party files suit to enforce the terms of this Agreement, the prevailing party in such suit shall be entitled to recover the costs of such suite, including attorney fees, including salary of in-house counsel, from the other party. 8. The failure of either party to take action with respect to any breach of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent breach of same, or any other term, covenant, or condition, unless such waiver is in writing and signed by the parties. 9. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Montana. 10. This Agreement constitutes the entire agreement between the parties and becomes immediately effective and binding upon execution by both parties. Any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 11. Any modification of this Agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party. 12. This Agreement shall be binding upon and inure to the benefits of the heirs, personal representatives, or assigns ofthe parties. 4 , , , " 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. _L~, /' L.~ Steven P. Liebmann ~~~~1t9 ~ ~~&flAI\ Marianne C. Liebmann STATE OF MONTANA ) ) ss, County of Gallatin ) . r,J r On thIs 2L day of \1 It V4-ldt ' 20 If j , before me the undersigned, a Notary Public for the State ofM ntana, personally appeared Steven P. Liebmann, known 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 abo,Ye,"(ritten. L ~\\\\\\\~1I""" _ #~\'#i.$rr(l);U'~h ~ ,~ (D, .,' .". '. i ~~ ~~. .~ 'S: . N'Cl';n: '. , s:. Jfi. . 4' ;.: 8:...... "'?1: '..] tary Public for the State ot;.Montana ('7'/~ (SEAL) .~~ ~" ~:~YfP'-- Ju, \/Tt?dE c/jJ ~Q.' ~"'.$PfintedName);i/ J "A40Kr~"t\\# Residing at ;J?! /VYJ ~"""'UI""\\\\'" My Commissio~ Expires -!:i...-I -L.!-/20,f 7 . ~... III, . STATE OF MONTANA ) ) ss. County of Gallatin ) On this-1L day of ~I/I)I~ ,20.o~foremethe undersigned, a Notary Public for eState ofMon na, personally appeared Mananne C. Liebmann, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS ~HEREOF, I have hereunto set my hand and affixed my Notarial Il.\\.-Jfi 'III, Seal the day and ~..i~~~w~~" 4"... - '" Il~~TA~}n /l ~. 7 . '1( rn ~ I /. ,\ __ * . -.- : :D =: ~ ~ ~'..SEi\L : * JNo~ublic for the State of ntana" I I J I (SEAL) ~~Q'" .~~V I Alc'L>,/ D)./L!JV IJ:' MO \\\\\\~\~ (P nted Name) (Jt ZL:"-,:J / 111I'" R "d" t J. /J f'vI ' eSl mg a v My Commissio~ Expires ----#J -il-/20d?.] . .' . . CITY OF BOZEMAN ~./~ Chris Kukulski, City Manager ATTEST: ~/AO '/?- ) erk ofthe CIty ComrlllsslOn STATEOFMONTANA ) ss. County of Gallatin ) 'Jln~ On this t".t.- day of 12.. , 20 () 5' , before me, a Notary Public for the State of Montana, personally peared CHRIS KUKULSKI and ROBIN L. SULLIV AN, known to me to be the City Manager and Clerk ofthe City Commission, respectively, 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 J II {, " ~MN-iQA1A~ (SEAL) Notary Public r the Sta e of Montana ~He,.( tne- G{U'l;l7jif (Printed Name) Residing at Bozeman, Montana My Commission Expires: 3-rzS-- /20tJ'] I \;\0417\040-0 I \DOCS\EASEMENTS\Licbmann\Licbmann Const Agrmt 120904.doc