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HomeMy WebLinkAbout15- American Simmental Association Water Pipeline and Access Easement and Agreement City of Bozeman-City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 PLATTED J 2507155 Page: 1 of 4 03/27/2015 04:09:56 PM Fee: $28.00 Charlotte Mills — Gallatin County, MT MISC j I IIIII.11111_N 111I 1111111 IIIII 1111111111111111111111111 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT American Simmental Association„ the GRANTOR, in consideration of One Dollar and other good and valuable consideration, receipt of which is acknowledged, grant(s)to the Cily of Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain qpproximately 322 if(water)pipelines 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,to be located on the following described real property: A tract of land being Lot 1A, Block 2,Walker Property Subdivision, situated in the SE1/4 of Section 26, T1S, RSE, PMM, Gallatin County, Montana The easement is more particularly described on the attached Exhibit A which by this reference is 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 and Sewer pipeline(s), it will repair or replace, at its sole expense, or pay to GRANTOR(S)the reasonable valuC of any damacres to growing crops, ex.sting 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 American Simmental Association Water Pipeline&Access Easement Page 1 of 4 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; day of ..e �_ 2015. GRANTOR 4 STATE OF MONTANA ) ):ss County of Gallatin ) On this 26th day of February, 2015, before me the undersigned, a Notary Public for the State of Montana,personally appeared, Linda Kesler, known to me to be the Chief Financial Officer of American Simmental Association 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 American Simmental Association. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Chris Budeski 0 '' Public Notary Public for the State of Montana S'S ; aoTAR,,q' for teat Wof Montana I Chris Budeski *` Residing at: r Bozeman, Montana 9 (Printed Name) My Commission Expires: "0 I Residing at Bozeman MT of�Ao` '°��'��, , November26,2015 My Commission expires November 26th 2015 American Simmental Association Water Pipeline&Access Easement Page 2 of 4 ACCEPTED: CIT =FB10 E ° ©1 b City Manager ATTt8Th* ' cityle — c- r o t STATE-0QAlA ) )ss. County of Gallatin ) On this day of , 201_�before me, a Notary Public for the State of Montana,personally appeared CHRIS KUKULSKI and STACY ULMAN, known to me to be the City Manager and City Clerk, respectively, of 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 Notarial Seal the day and year first above written. e HEATHER BIENVENUE =Tj c otary Public for the State of Montana TQ�No,n-'��;,q��G'for tr, t Montana *: Residing at: �4 SI.A L 2e\- Bozeman, Montana (Printed Name) P> My Commission Expires: Residing at °F` ` ', January 26,2018 My Commission expires / /20 American Simmental Association Water Pipeline&Access Easement Page 3 of 4 EXHIBIT A PUBLIC WATER MAIN AND ACCESS EASEMENT 10 spa 60 SITUATED IN LOT 1 A BLOCK 2 OF THE WALKER PROPERTY SUBDIVISION IN THE SE 1 /4 OF F9= 60' SECTION 26 T1 S, R5E, P.M. L=0225'52" CAIYI]PBEI.g. R=707.77' R,707.77' L=30.03' =zoa.aa' ROAD4R=707.77' CH=N7510'16"W CH=N8131'47"W R.O.W. POINT OF BEGINNING _ WATER MAIN EASEMENT L=00'52'49" N 12"1435" E 39.92' / L=10.87' S 7642'18" E CH=N73'30'55"W 22.86 \ S 12'14'35" W N 13'17'S5" E / 39.20' 30.00' `442, 88-W `� \ �S. m� \ PROPERTY `'o, LINE PUBUC WATER MAIN AND ` \\S S \ ACCESS EASEMENT ` >? \ N 567'28" W \ 7O 33.60' \696 \ 3 N 33'S2'32" E 25.92' �S6 \ '��• R$\26'• ran N 55'48'37' W JW 30.00S 33'52'32" 26.08' N41'1521W N 24.80 LOT IA BLR l N 387'21" E WALKER PROPERTY 12.72' � s 48 44'3s" w \.N SUBDIVISION 4250' W N 41'15'21" W � 30.00' 'a 0 E E in v \ U Q PUBLIC WATER MAIN MADISON ENGINEERING EXHIBIT A AND ACCESS EASEMENT 895 TECHNOLOGY BLVD SUITE 203 DRAWN BY: CGB EXHIBIT BOZEMAN,MT 59718 DATE: 02/26/15 PHONE(406)586-0262 FAX(406)586-5740 BOZEMAN9 MTPROJECT# 13-144