HomeMy WebLinkAbout05- Marianne, Steve P. & Marianne C.; Tracts 1, 3, COS 392 - Water Pipeline and Access Easement
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"~"~Ti. WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
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Steven P. and Marianne C. Liebmann, of 7177 Jade Street, Bozeman, MT 59715-8360
CO ! the GRANTORS, in consideration of One Dollar ($1.00) and other good and valuable
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~ Bozeman, MT 59715, GRANTEE, its successors and assigns, a perpetual easement to
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~ lay, construct and maintain a water pipeline with the usual services, valves,
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=E through, and across a strip of land situated in Gallatin County, Montana, thirty (30) feet
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=0 Tract 1 and Tract 3 of Certificate of Survey 392, as filed with the Gallatin
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-- County Clerk and Recorder.
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~. The easement is more particularly described on the attached Exhibit(s) A and B
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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 GRANTORS 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
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0. grading into and on the land adjacent to that which is subject to this easement to
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10 .::. the extent GRANTEE may find reasonably necessary; and
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B!!!!!!!!!! ~ THE GRANTEE AGREES:
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iiiiiiiii (1 ) That, in connection with the construction, operating, patrolling, repairing,
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==E substituting, removing, enlarging, replacing, and maintaining of said
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iiiiiiiii 0 pipeline, it will repair or replace, at its sole expense, or pay to GRANTORS the
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=.. reasonable value of any damages to growing crops, existing fences, ditches and
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_l other appurtenances of said land that may be disturbed by its operation.
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iiiiiiiii ,. (2) GRANTEE acknowledges that GRANTORS irrigate GRANTORS' crops growing
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!!!!!!!!!!!! .c where the water pipeline is intended to run, and that GRANTORS irrigate alfalfa,
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lying west of the gravel roadway running north to south on GRANTORS' land,
and barley lying south of the roadway after it turns east and runs in an east-west
direction. GRANTEE acknowledges that its construction and subsequent
maintenance of the pipeline may interfere with and delay GRANTORS' irrigation
of these crops. GRANTEE agrees to notify GRANTORS at least ten days before
GRANTEE intends to begin construction of the water pipeline in the easement,
so that GRANTORS may take steps as they deem reasonable and necessary to
irrigate their cropland, as they may be able. To the extent that GRANTEE
causes a lack of ability to irrigate portions of these crops and affects
GRANTORS' harvest of them, GRANTEE agrees to pay GRANTORS the
reasonable value of any loss of crop yield as a result. Said payment shall be
based upon a comparison of yields of crops from portions of the fields which
were irrigated as opposed to those which were not, or, if such data is not
available, based upon historical yields from these fields. GRANTORS agree to
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0. provide GRANTEE written notice of their intent to collect under this provision.
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CD .;. Said notice shall contain a description of the damage as well as a written
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co<'l~ comparison of previous crop yields. GRANTEE shall then have 30 days to
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Q.ISl provide payment or object to the amount charged.
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-:z (3) That, during operations involving excavation, it will remove the topsoil from the
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- trenched area to a depth of one foot, or to the full depth of the topsoil, whichever
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is less, and stockpile said top soil for replacement over the trench. It will remove
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iiiiiiiiiiiii >- condition as existed prior to the beginning of operations except that the surface
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_on of backfilled areas may be mounded sufficiently to prevent the formation of
depressions after final settlement has taken place.
(4) That, during operations involving excavation, GRANTEE will not disturb or
damage GRANTORS' water pipeline running north to south and paralleling the
roadway running in that direction, on the west side of that roadway (and
continuing past it where the roadway turns east and running south to the tree
line). Before excavating in this area, GRANTEE will notify GRANTORS and
coordinate with GRANTORS to avoid damage to GRANTORS' water pipeline.
(5) To use its best efforts to install air vents and blow-off pipes in the pipeline at
locations where they are not located on GRANTORS' crop land and, in any
event, to install vents and blow-off pipes so that they do not extend more than
two feet above the ground.
(6) To install the water pipeline at such a reasonable depth below the surface of the
earth as will permit normal cultivation of the ground within the easement.
(7) To operate, use and maintain the pipeline is such a manner as will not hinder or
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N.... (8) That, in consideration of granting this easement, maintenance work on that
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~~ pipeline constructed in 1957 across the lands of the GRANTORS, lying within
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iiiiiiiiii that easement dated August 28, 1957, and recorded in Book 17, Page 501, with
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_E the Gallatin County Clerk and Recorder, shall be limited to that which is required
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iiiiiiiiii 0 for the operation, patrol, repair, and maintenance of said pipeline, services,
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_I installed in said easement, and said repairs and maintenance shall be limited to
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,.. in-situ rehabilitation or that which is required to sustain the present operation.
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!!!!!!!!!!!!!! L. Furthermore, that part of said easement recorded in Book 17, Page 501, lying
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within the lands of the GRANTORS, its successors and assigns, will be released
and reconveyed unto the GRANTORS, their successors, and assigns upon the
complete and total termination of the use of said pipeline.
THE GRANTORS AGREE:
(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) The GRANTORS warrant 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.
(4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein
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~ : granted without any interruption by the GRANTORS. The terms, covenants and
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~ 'O! provisions of this easement and agreement shall extend to and be binding upon
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~ assigns of the parties hereto.
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~ DATED this ..!.. ( day of j. (1 v -;r ,20 (,1 J~
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::; Steven P. Liebmann
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_ ~ Marianne C. Liebmann
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STATE OF MONTANA )
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County of Gallatin )
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On this _ day of "\ I f+ LI I , 20 -6 , before me the
undersigned, a Notary Public for the State of Mon ana, 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 abZ: wdlleQ.
(SEAL)
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. III~II 1111111111 1111111 I~ IIII~111111 1111111111111111 ~:t~~~~~
STATE OF MONT ANA )
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County of Gallatin ) Snelley Vanca-Gallatln Cc MT MISC 64,00
On this .~ I day of , 20 !Jl--, before me the
undersigned, a Notary Public for the State of ontana, personally appeared Marianne
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 WHEREOF, I have hereunto set my hand and affixed my Notarial
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Notary Public for the of Montana ~E:",OTAR/~ '.17\%
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( nnted Name) .i?o. ::. . .*~
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Residing at ' 2f/v1 ~~~ .~ il:'
My Commission Expires _#_jl/.../20L ') ~~ OFMO~\;;#
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CITY OF BOZEMAN
(~A~~ 111111111111111 110111111111111111111111 1111111111111 g~~~~~p
Chris~KukuISki,:,City Manager
- .- Shelley Vance-Gallatin Co MT MISC 84,00
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Clerk of the .Gai Commission
STATE OF MONTANA )
ss.
County of Gallatin )
On this 2,2fl~ day of (';: VUtt.fl ,20 {):S ,before me, a Notary
Public for the State of Montana, personall ppeared CHRIS KUKULSKI and ROBIN L.
SULLIVAN, known to me to be the City Manager and Clerk of the 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. \iU~. ~<Wu~
(SEAL)
Notary Public for e State of ontana
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" (Printed Name)
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., i-~' :;';.i<' Residing at Bozeman, Montana
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,'-- ," My Commission Expires: 8../ 25 /2rJ2!]
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EXHIBIT "B"
LEGAL DESCRIPTION of the
HY ALITE TRANSMISSION PIPELINE
across
TRACTS 1 and 3 of Certificate of Survey No. 392
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N"'''' A thirty (30)-foot wide pipeline right-of-way easement, consisting of the following two
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COm~ described parcels, across Tracts 1 and 3 of Certificate of Survey 392, as filed with the
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Q.S Gallatin County Clerk and Recorder, located in the SW1/4 Section 6 and in the NW1/4
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=... and NE1/4 Section 7, Township 3 South, Range 6 East, P.M.M., Gallatin County,
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- Montana, being fifteen (15) feet on both sides of the following described centerlines:
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_E Parcel 1 :
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!!!!!!!!!!!!!!! u Beginning at a point on the west line of said Section 6 which bears NOo029'19" E a
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-... distance of 20.57 feet from the southwest corner of said Section 6; thence S75027'10" E
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_0 a distance of 1756.38 feet; thence S89042'42" E a distance of 1516.52 feet to the
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iiiiiiiii ,. northwest sideline of the 30-foot-wide easement granted and described in Book 17
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_VI Page 501, as filed with the Gallatin County Clerk and Recorder, to the end of the
centerline being described; the sidelines of said easement being lengthened or
shortened, as required, so as to begin on the west line of said section, and end on the
said northwestern easement line.
Parcel 2:
Beginning at a point on the north side line of Parcel 1 which bears S89042'42" E a
distance of 423.50 feet and NOo017'18"E a distance of 15.00 from the end of the first
centerline course of said Parcel 1; thence NOo017'18"E a distance of 15.00 to the end
of the centerline being described.
Said easement, consisting of Parcels 1 and 2 as described above, contains 2.26 acres,
more or less.
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