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Home My WebLink About05- Jordan, Robert H. & Mardella A.; 10030 Hyalite Canyon Rd - Water Pipeline and Access Easement _r,....,.' . . WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT ~RObert H. Jordan and Mardella A. Jordan, of 10030 Hyalile Canyon Road, Bozeman, ~t.. T 59715 , the GRANTOR(S), in consideration for good and valuable consideration, ~.,. receipt of which is acknowledged, grant(s) to the City of Bozeman, GRANTEE, its 0. successors and assigns, a perpetual easement to lay, construct and maintain water .... ~ I'i) ,;j pipelines with the usual services, valves, connections, accessories and appurtenances m......og _10 ..... 0 ~ CO-~ for the purpose of transmitting water in, through, and across a strip of land situated in ..(0) .... . - Ia- N "10 Q.G1 Gallatin County, Montana, thirty-five (35 ) feet wide to be located on the following -a ~~ -N described real property: Parcel described by deed and recorded on Film 114 Page ~.... ~ ~ 4368 as filed with the Gallatin County Clerk and Recorder. - 0 -II> ~E I- The easement is more particularly described on the attached Exhibits A, A-1 and =-~ -0 0 A-2 which by this reference are made a part hereof. c: -.... ==.. -- This grant includes the right of the GRANTEE, its successors, permittees, ~- _It -<!I -, ~~ 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 pipeline(s), it will repair or replace, at its sole expense, or pay to GRANTOR(S) the reasonable value of any damages to growing crops, existing 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 ...------..- 1111111119 IIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIII ~~~16~: < Sh.lley Vanc.-Gallatln CC MT MIse 42.00 is less, and stockpile said top soil for replacement over the trench. GRANTEE 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. Backfilling shall be properly compacted to 90 percent of the maximum dry density as determined by American Association of State Highway and Transportation Officials (AASHTO) T99 in effect at the time this document is executed. 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. However, GRANTOR(s) may level the land for seeding, irrigation and harvesting within a reasonable period of time after the backfill has been completed. (3) The GRANTEE does hereby indemnify and promise to protect, defend, and hold GRANTOR harmless from and against any and all liability, loss, damage, expense, actions, and costs, including costs and reasonable attorney's fees incurred by GRANTOR in defense thereof, asserted or arising on account of or out of any acts or omissions of GRANTEE, GRANTEE's servants, agents, tenants, visitors, guests, invitees, or contractors in exercise of GRANTEE's rights granted hereunder. 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. However, GRANTOR(s) may construct such roads and trails as they deem appropriate. (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. However, GRANTOR(s) may prepare the field for seeding, irrigation and harvesting as he deems fit. (3) 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. (4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR(S). The terms, covenants 2 -----..--.- - -- ..-.--.. .-..--.-.-.. 1"'11111111111111 11111111111111111111111111111111111111 ~~t~~r~~ ~p Shallly Vanca-Gallatln eo MT MISC 42,00 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 ...2L day of Apri 1 , 2005. WJ~~ GRANTOR AwJJQQv!t r~MV GRAN R STATE OF MONTANA ) ) ss. County of Gallatin ) '~ On this..-d2 day of (] iJ/)A , 2005, before me the undersigned, a Notary Public far the Sta e of Montana, personally appeared Robert H. Jordan and Mardella A. Jordan, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. ~~e C:l1M{1d,t,ana'''~- (SEAL) \\",\\111/11111 L I'I\dCt J/Vl I e 1~V1 ,"<01-~ .1~:: .:': ~;///// (printed'Name~ __ ,,"'~ .. qj~ ,~','",,',(- -,-,\ ~" ".0 ~ Residing at --4-- ~.-= 'a /YTI ~- , ,... ) '-,r;f,~~ '. -;i. ::: My Commission Expires J , ~6"" ~~,,- - \i""- ,;/1 ,/,/ ~ '.,.,.' ".\, ,,' I /// OF fA 0';-> ,\' II . \ \ 111// /11 \ \ \ \ 3 0. ... ~ rot) .;) UJ....G1 -UJ ,.... 0 : CO"'~ "<'I ....- 11II- N-w Q.G1 GI ~G1 -N ~... - STATE OF-MONTANA ) - - ==== ~ ss. ~ County of Gallatin ) ==== ~ ~ On this 2 ~ol day of , 2005, before me, a Notary Public ~ for the State of Montana, personally ap eared CHRIS 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 ~ 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. It fl." VJf(UiL ~0vL~ ......., ' (: " ~".":,,..' "'. PI" -':' c. (~Att \ Notary Public for eState f Montana t. ,,~\ J {J 1.fl~M () (Q4l In fI2--V ",: 'i \::1- 7\ ~ . .,;' ;0 ,,' m, .,"1 'r)7 -. ;.;": (Printed Name) " ' :0..' .... " '. ,,,,..,\ r-.. " ;. Residing at Bozeman, Montana "'" \.. .......<'; . . . , , " . l to ~ \ ;:;: My Commission Expires:3 / ?.-~ /200? H:\0417\040-01\EASEMENTS\Jordan\to ed sedivy 4-21-05\Jordan Easement.rtf 4 /, / PARI< CANYON EXHIB IT A R c-4 rR c-5 rR c-2 /, / DGe:~AN SloN . " /:" ~o SUBDIVI SHOWING TWO 35'- WIDE WATER LINE ' 'C~O.s: ()).'S.""""" // EASEMENTS ACROSS THE TRACT OF LAND lo79C 1079C DESCRIBED IN FILM 114, PAGE 4368, RECORDS OF GALLATIN COUNTY, SITUATED IN SECTION 14, T3S, R5E, P.M.M., GALLATIN COUNTY, MONTANA EASEMENT 1 EXHIBIT A-I 0. DESCRIPTION .... ~ r') .;; A 35' -wide water line easement lying 20 feet westerly and UJ,..Q 15 feet easterly of the City of Bozeman water line os _10 ...... 0 g now constructed across the tract of land described in co 10 ~ 114F 4368 ........ - Film 114, Page 4368, Records of Gallatin County, situated , - ..... <: in Section 14, T3S, R5E, P.M.M., Gallatin County, Montana. .... . .... g- N _10 Q.Q ____ G !!!!!!B! Q 114F 4368 -~ ---- iiiiiiiiiiiiiii /gfl - =0 -en -... ~i ==== IE: === I- _IE: c.j !!!!!!B! 0 @1-.. !!!!!!B! 0 ~~ -c ~- -- ::s~ -- ~- \:::,. -- -- =0 -' -. -2 0 500 -- ~-~ -> ~,.. -. ( IN FEET ) =- ---- ... ~.c. \ \ _en \ \ : ,-, \\.. ",' .. .. .. .. .... ........ .. .. ........ ~ \ \ 114F 2170 N: \\ <: \ \ EXISTING WATER - \ -< LINE EASEMENT : \\ : \\ : ~ - EASEMENT 2: XHIBIT A-2: ~MORRISON "..."'" - EXHIBIT A · ',',' MAIERLE,INc. ......... ..-.. WATER LINE -,... ~ ~0tftN CIDft.,.. PD" 11Q, ., ....... .... ....... .. Iml . ".. (411) S7-Gm Ja: (401) ~11J1 EASEMENTS CLIENT: FIELD WORK: DA TE: 4/7 /05 PLOTTED DATE: Apr/21/2005 - 08:36:33 om DRAWN 8Y: SMR SCALE: DRAWING NAME: H'\04 1 7\o3.J\ACAD\EXHlarrs\M.--EASE5-JORDAN,dwg r < ,., I I I . . . , I I ' I CHECKEO 8Y' JRN PROJ #;0417.033 SHEET --L.....- OF -..l- PLOTTED Il""n.od, --..--...,...-....--.......--.. Ilmlll~ 1111111111111111111111111111111111111111111 ~A~:16:~: EXHIBIT A-2 Shllley Vance-Gallatin Co MT MISC 42,00 SHOWING A 35'-WIDE WATERLINE EASEMENT ACROSS THE TRACT OF LAND DESCRIBED IN FILM 114, PAGE 4368, RECORDS OF GALLA TIN COUNTY, SITUATED IN SECTION 14, T3S, R5E, P.M.M., GALLATIN COUNTY, MONTANA \\\ DESCRIPTION A 35'-wide water line easement across the tract \\\ of land described in Film 114, Page 4368, Records of Gollotin County, situoted in Section 14, T3S, R5E, P.M.M., Gallatin County, Montano, and \~ being further described as follows: Beginning at a point on the southeastern most line '\: ~ ,1..r 2110 of said tract which bears N01'27'E 0 distance of 453.7 feet from the southernmost comer of said tract; thence N31"17'W a distance of 297.3 feet; \\ tnence N14'21'W a distance of 366.4 feet; thence N46"32'E \\ N46"32'E 0 distance of 107.5 feet ta the southeasterly line of said tract; thence along said line S26" 12'E a distance of 36.7 feet; thence S46"32'W a distance of 76.1 feet; thence S14"21'E 107.5' a distance of 340.6 feet; thence S31"17'E a ~ S2612'E distance of 237.6 feet to the southeasternmost EXISTING /.: 36.7' line of soid tract; thence along said line S01"27'W ATER LINE EXISTING 30' -WIDE o distance of 64.7 feet to the Point of Beginning. WATER LINE ESMT CENTERED OVER WATER Said easement lies 20 feet westerly and 15 feet LINE AS CONSTRUCTED easterly of the existing City of Bozeman water line S46"32'W as now constructed. 76.1' EW ESMT 20' 83117'E 4368 "'I- 114f ~~ ~ 237.6' ~~, S01'27'W 'o..Jo.~ 64.7' 2073411 P.O.B. E8MT 2 paC NO. \ w ;.... \ 1^~ S'l 0 UNliED ~E~CE) 0 500 z fORESI I----~ ( IN FEET ) iIIIMORRISON [ICII1KJa: ""'""'" EXHIBIT A-2 MAIERLE,INc. """"'" .......... WATER LINE -.." ..,.. ~o.-f. ~'"" fiV.. 111,\.1'..... _ ~ lIfI..,.m. ~ (4(If):IA7...mn 'ar. (401) S1-H7t EASEMENT 2 CLIENT: FIELD WORK: DATE: 4/7/05 PLDTTEO DATE: Apr/21/2005 - 08:38:41 am DRAWING NAME: DRAWN BY: SMR SCALE: H:\0417\03J\ACAD\E"HIBrTS\WI.-- LASE6-JORDAN.d.., CHECKED BY: JRN PROJ : 0417,033 SHEET ~ OF ----..l...- PLOTTED BY,..",,"