HomeMy WebLinkAbout05- Bozeman Pea Cannery Properties, LLC; Blks 3-4, Imes Addition - Water Pipeline and Access Easement
10/22/2004 14:08 4055822253 C!TY OF BOZEMAN PAGE 02
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WATER PIPELINE AND Access EASEMENT AND AGREEMENT
Bozeman Pea Cannery Prooerties. LLC ,the GRANTORS, in consideration of
one dollar and other good and valuable consideration, receipt of which is
acknowledged, grant to the City of Bozeman. a municioal corooration of the State of
Montana. with offices at 411 E. Main Street. Bozeman. MT 59715 ,GRANTEE, its successors
and assigns, a perpetual easement to lay, construct and maintain 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, thirty
(30 ) feet wide to be located on the following described real property: All that oortion of a
thirty (30) foot wide riaht-of-wav across and throu~h blocks 3 and 4 of Imes Addition to the City.
of Bozeman. Gallatin County. Montana, that was established bv Ordinance No. 575. and
vacatedbv Commission Resolution No. 3770.
The easement is more particularly described on the attached Exhibit A 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 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 pipeline, it will repair
or replace, at its Bole expense, or pay to GRANTORS the reasonable value of any
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Shelley Vance-Gallatin Cc MT MISC 24.00
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10/22/2004 14:08 4055822253 C!TV OF BOZEMAN PAGE 03
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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 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 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) 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 GRANTORS 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 GRANTORS. 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 -L day of
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, 10~ 2:/ 2004 14: 08 4055822253 C!TV OF BOZEMAN PAGE 04
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CORPORATE
STATE OF MONTANA )
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County of Gallatin )
On this L day of D~~-I.A" . 2.JJi.., before me the undersigned, a
Notary Public for the State of Montana, personally appeared, ---5tf'IK' -'" A/p-ph '< .
nown to e be the ,().. {M,t of
and the person whose name is subscribed to the within
e th t he executed the within instrument for and on behalf of
. Lie.,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written,
(SEAL)
(Printed Naa
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My Commission ireS3~ " 120~
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CITY OF BOZEMAN
bytts City Manaqer
Cle~>ofth,. !\C.\-. ion
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STATE.t>~ ~A. )
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County of Gallatir' )
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On this -t...::.::. (jay ofc:AJ f~ , 2@, before me, a Notary Public for
the State of Montana, personally appeared RIS A. KUKULSKl and ROBIN L. SULLIVAN,
known to me to be the City Manager and CI 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 BOleman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day
and year first above written.
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Shelley Vance-Gallatin Cc MT MISC 24.00
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OAK ST.
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30' R.O.W. OPENED Y DEED
(OLD OAK ST.)
Gallatin C unty Fairgrounds
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LEGAL DESCRIPTION FOR PROPOSED WATER PIPELINE EASEMENT
All that portion of a 30-foot wide right-of-way established for Oak Street by Ordinance
No. 575 through Blocks 3 and 4 of Imes Addition to the City of Bozeman. Gallatin
County, Montana. and vacated by _____________.the centerline of which is described
as follows: Beginning at the intersection of the centerline of said 30-food wide
right-of-way with the southerly line of Tract B. Amended Plat C-41-E of Blocks 3 and
4. Imes Addition; thence westerly a distance of 415 feet more or less, thence northerly
a distance of 137 feet more or less to the north line of said Block 4.
LEGEND
~ PREVIOUSLY VACATED STREET + EXHIBIT A
-wlL- 12" WATER MAIN WATER PIPELINE EASEMENT
NOT TO SCAlE: CITY ENGINEERING OFFICE OCTOBER 2004
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Shelley Vance-Gallatin Co MT MISC 24.00
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