The URL can be used to link to this page

Home My WebLink About05- Gallatin County; Dedicated Park Area Per Hodgeman Canyon Sub Plat - Water Pipeline and Access Easement 1111111111111111111111111111111111111111111111111111111 ~~t~~~:~~p .... , ,. ~ Snelley Vanee~;allatin Cc MT MIse 30.00 .._......."'____.__.._......____.m_.________. _ n. _ ......_ ~".,~ WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT tI ' Gallatin County, a political subdivision of the State of Montana, with offices at 311 West Main Street, Bozeman, MT 59715, GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants to 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, a perpetual easement to lay, construct and maintain a 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: Across that parcel of land platted as the Dedicated Park Area per the plat of Hodgeman Canyon Subdivision, as filed with the Gallatin County Clerk and Recorder, located in the SE1/4 of Section 11, Township 3 South, Range 5 East, P.M.M., Gallatin County, Montana. The easement is more particularly described on the attached Exhibits A and B 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 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 pipeline(s), it will repair or replace, at its sole expense, or pay to GRANTOR the reasonable value of any damages to growing crops, existing fences, ditches and . . 1111111111111111111111111111111111111111111111111111111 ~~t~~~~~~p Sn,lley V.nc.~Gallatln Cc MT MISC 30,00 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 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 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) The GRANTOR 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. (4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. 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 ~ay of ~~v; I ,~. . , . . . STATE OF MONTANA ) 11111 I~ III~ I~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~:t~~~~: ) ss. County of Gallatin ) SM_.Il~~ Vance-Gallatin ec MT MISe 30.00 -, On this I L}..~ day of . ~ ,2M, before me, a Notary Public for the State of Montana, personally appeared JOHN VINCENT, known to me to be the Chairman of the County Commission for Gallatin County, and the person whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of Gallatin County, Montana. \\\\IN''~l'fNS?S W~EREOF, I h~ve hereunto set my hand and affixed my Notarial S~al'1be~ y. b~~y~ar first above wntten. ~ ~ . . . . ';-. . '~1 ::E '.J. 0 T l P'" ",,',: ;;: " . ~ 'Iii'!! . \(. _ a '~ \ c; (eM.tU. t. ~J (Printed Name)~ kr Residing at ..11 J My Commission Expires PI i~i~j20ll ACCEPTED: (jL~{{~ ' . '- CITY OF BOZEMAN '......::::", ~. - by itsCitv Manaqer ~f',T: ~-::"'';'' -~$jt~ Clerkot!he' City::G:Qrn1nission --,.- ' ,~,- - . " STATtOF~MONrANA ) ) ss. County of Gallatin ) On this 22nd day of February ,2 005 ,before me, a Notary Public for the State of Montana, personally appeared ChrisA. 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 instrum~nt, 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~~~ '\ . c.. ~ ,110, ", '\ - /"... " \lU&;i :. , ::, !fw~ ~Notary;pGDlic: r the St e of Montana rfpLe.~ 6revlI't1r (Printed Name) Residing at Bozeman, Montana My Commission Expires:3 / Z~ /20QJ H:\Q417\Q4Q-Q1\DOCS\EASEMENTS\Water pipeline easement.doc . EXHIBIT 'A' WATER LINE EASEMENT ACROSS THE DEDICATED PARK AREA OF HODGEMAN CANYON SUBDIVISION, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 3 SOUTH, 10 Q. RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA Ell .... CD ~ NIDElI ....10 100: CO....~ "N "_N m_ j 4 N..... Q.ElI - GLOCi< Ell 0 ~IIS! CO Ell N89'23'16"W 88.23" _l'J - HODCEMAN CANYON DR. 60' iiiiiiiiiiiii - =u or 6 ':;, -II> ... L,joy( ~' _E 01 (p.., l- v - ~E Nl0'15"9"E' iiiiiiiiiiii 0 _u 342.95' _c -- -~ =. -..... -..... -. K 9 =<ll _I 8l.0e -- ,,,"'0 _0 c DEOICA ~~10\ -. -> iiiiiiiiiiiii >- p!,rz K -. ..... ..... -- _,c, -II> N3St33' 45"E WATER LINE 506.49' EASEMENT 0.715 AC 20' TEMPORARY / CONSTRUCTlON ~/ / EASEMENT / / / / / ( / / / / FOUND BRASS CAP 51/4, SEC.ll GRAPHIC SCALE 200 _~ 100 200 ~- , I ( IN FEET ) 1 inch = 200 it. ~MORRISON - ........ EXHIBIT 'A' r;;;;::;::::::::;;;;lr MAIERLE,INC. - LECrN D ....... WATER LINE -- ...-- ..... FOUND US PUBLIC LAND SURVEY fllllIIi Itlll:It .....~..._.m71..~(d)M1....". ~ G)....m EASEMENT QUARTER CORNER MONUMENT aJENT' . FOUND REBAR AELD V/~K- DAlE: 01 /14/05 PLDTTElJ DATE: Jcn/14/2oo5 02:07:.'l+ pm DRAWN BY: Kw 5CAL,E, 1" -200' DRAWING NAME; .'\001' 7\=\ilCAll\EXHII1S\Wl.-EASE'...... CHECKED BY'JCR PROJ .0417_033 SHEET ----1......- OF -L .L<>l1'll> """""'0 -,._~ . .. ,- , . < . EXHIBIT liB" LEGAL DESCRIPTION for the HY ALlTE TRANSMISSION PIPELINE across HODGEMANCANYONPARK It) ! UJ .; NI019 A thirty (30) feet wide pipeline right of way easement across the DEDICATED PARK --10 It) 01 CO ID ~ AREA of Hodgeman Canyon Subdivision, as filed with the Gallatin County Clerk and nN .... . N m_ N..... 0.19 iiiiiiiiiiiiiii 19 Recorder, located in the southeast quarter of Section 11, Township 3 South, Range 5 ~19 ='" East, P.M.M., Gallatin County, Montana, fifteen (15) feet on both sides of the following iiiiiiiiiiiiiii .... iiiiiiiiiiiiiii iiiiiiiiiiiiiii - described centerline: =0 -In _E =1- =E iiiiiiiii 0 ~o Commencing at the southwest corner of the aforementioned Hodgeman Canyon =1: -- -~ =- -.... Subdivision, thence along the south boundary of said subdivision, North 89051 '55" East -.... -- =0 _I -- _0 a distance of 136.23 feet, more or less, a point on the centerline of an existing water =1: -- -> iiiiiiiiiiiiiii ,.. -. transmission pipeline, being the true point of beginning; thence leaving said south =.... iiiiiiiii .. ~L -In boundary and running along the centerline of said water transmission pipeline, as now found in place, the following three courses and distances, North 23025'26" East 189.45 feet, more or less; thence North 38033'45" East a distance of 506.49 feet, more or less; thence North 10015'19" East a distance of 342.95 feet, more or less, to the south right of way line of Hodgeman Canyon Drive, as now platted 60 feet wide, and the end of the centerline being described; the sidelines of said easement being lengthened or shortened, as required, so as to begin on the south line of said subdivision, and end on the said south right of way line. Said easement contains 0.715 acres, more or less, along with and subject to all easements, recorded, unrecorded or apparent on the ground. H:\0417\040-01 \DOCS\EASEMENTS\hodgemanstriplegal.doc