HomeMy WebLinkAbout05- Gallatin County; Park Area per Hodgeman Canyon Subdivision - Water Pipeline Easement & Construction Agreement
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City of Bozeman
Water Pipe Line Easement Purchase and Construction Agreement
This agreement is dated the 22nd day of February , ~88~, by and
between Gallatin County, a political subdivision of the State of Montana, with offices at
311 West Main Street, 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, the Park Area per the Plat of Hodgeman Canyon Subdivision is held in trust
for the public by Gallatin County, said Park Area located south of Hodgeman Canyon
Drive, as shown on the plat of the Hodgeman Canyon Subdivision, 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 through the future Park Area. However, the water pipe line appears to
have not been constructed entirely within the existing easement granted to the City on
August 6, 1957 and recorded in Misc. Book 17 Page 435, 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 parallel to the existing water pipe line and also desires to obtain an easement for said
water pipe lines across the aforementioned property, under the tenns and conditions
herein.
WINES SETH:
In consideration of the specific agreements to be perfonned by both parties hereto and
written into this agreement, the parties hereto bind themselves to the tenns 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 of the Grantee, the
City of Bozeman.
THE GRANTORS AGREES:
I. The Grantors will grant the Grantee a new 30 feet wide easement across said
Property by signing a City of Bozeman standard easement agreement, a copy of
which is included with this agreement. 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 as "Temporary Construction Easement" on the enclosed "Exhibit A", as an
attachment to the aforementioned new easement, during the construction of said
pipe line for stock piling material and operating equipment. Said temporary
easement will tenninate 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:
I. The Grantee, through its contractor, will provide the following restoration during
construction:
A. Remove and reinstall fence at approximate Station 60+25.
B. Reconstruct ditch at approximate Station 63+50.
C. Reconstruct ditch at approximate Station 70+75
D. Return areas noted in Items above to existing conditions and grades
including removing and replacing topsoil and re-vegetate using a native
seed mix.
2. The Grantee, through its contractor, will provide a one year warranty on all
aforementioned work on the project.
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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 perfonned by the Grantee, through a contractor
selected through a competitive bidding process.
an, allatin County Commission
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CITY OF BOZEMAN
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RSt'l=B7=AE7ffHy City Manager
Chris . Kukuski,
ATTEST:
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STATE OF MONT ANA )
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County of Gallatin )
On this 22nd day of Februa ry ,~ /Je{ft;' \!Wi j1Notary Public
for the State of Montana, personally appeared ~W=BR& ~J B t!.. SbLLIV AN,
known to me to be the Aetteg 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. VA R,{eV1 V / ~~M~~_
(SEAL) Notary Public the Stat f Montana
t-tJde.f1R G(U1IV/?!~
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: --6-/ 'zg- /20@
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