HomeMy WebLinkAbout03- Frye, Donald B III & William T; Lot 5, Blk 1, Amended Sub Plat Rearrangement of Blk 1, Bridger Center Sub - Water Pipeline and Access Easement
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WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Donald B. Frye III and William T. Frye, 1270 Story Mill Road, Bozeman, MT
59715-8708, the GRANTORS, in consideration of One Dollar ($1.00) and other good
and valuable consideration, receipt of which is acknowledged, grant to the City of
Bozeman, a municipal corporation of the State of Montana, 411 East Main Street,
Bozeman, MT 59771-1230, GRANTEE, its successors and assigns, a perpetual
easement to lay, construct and maintain an eight-inch (8") 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 feet (30') wide to be located on the following described real property:
A public water pipeline and access easement across Lot 5, Block 1, Amended
Subdivision Plat Rearrangement of Block 1, Bridger Center Subdivision as
Recorded in Book H of Plats, Page 37, as filed with the Gallatin County Clerk and
Recorder, located in the southeast quarter of Section 31, Township 1 South,
Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, as shown on
Exhibit 'A', and being a 30.00 foot wide strip of land more particularly described
as follows:
Commencing at the center of the Commercial Drive cul-de-sac, as platted by the
Bridger Center Subdivision, thence on an easterly projection of the centerline of
said Commercial Drive to the point said projection intersects the cul-de-sac right-
of-way line, the true Point of Beginning;
Thence easterly along said Commercial Drive centerline projection
North 89015'00" East a distance of 5.00 feet to the west edge of the existing 20'
utility easement as platted by the Amended Subdivision Plat Rearrangement of
Block 1, Bridger Center Subdivision;
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Thence southerly along said west edge of the existing 20' utility easement to the
south line of said Lot 5;
Thence South 89021'17" West along said south lot line a distance of 15.00' to the
Commercial Drive cul-de-sac right-of-way line;
Thence along said right-of-way line along an arc with a radius of 50.00', a central
angle of 36052'12", and an arc length of 32.18', to the Point of Beginning. Said
easement contains 0.006 acres, more or less.
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 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
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(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, it will repair or replace, at its sole expense, or pay to GRANTORS the
reasonable value of any damages to growing crops, existing fences, ditches and
other appurtenances of said land that may be disturbed by its operations.
(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 excavated 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.
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(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 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.
(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 ~ day of ~~kr , 200.1..
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GRANTOR
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STATE OF MONTANA )
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County of Gallatin )
On this J.1!: day of ~~h.\bu... , 200:3 , before me the
undersigned, a Notary Public for the State of Montana, personally appeared
-:Do....".IGl ~. FYVe , and W,.IlId..MA T FYyt. , 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\ ~A~ fll19 year above written.
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(Printed Name)
Residing at 'Ro~
My Commission Expires 3 / 02G /20 07-
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ACCEPTED:
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'.!o. -',,""",........ CITY OF BOZE
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STAAiE~Qi:),\ONT ANA )
) ss.
County of Gallatin )
On this 16th day of March , 200..!., before me, a Notary
Public for the State of Montana, personally appeared Ronald F. Brev and
ROBIN L. SULLIVAN, known to me to be the Acting City Manaaer 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.
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(Printed Name)
Residing at Bozeman, Monta9P I L5/20m
My Commission Expires: :)
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pLAT
LOT 5 1 IVISION LOCK 1. I
ElLOC~DED S~~~T OF L.J~DIVISION
~~RRANG~ENTER 5
BRIDGER I
EXISTING 20' UTILITY
EASEMENT
.--'-- PER PLAT OF BRIDGER
CENTER SUBDIVISION
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N89.15 'OO"E e>
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5.00' ..
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COMMERCIAL DRIVE U1
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(60 ' R/W) P.O.B. e>
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R=50.00'
L=32.18'
0=36.52' 12"
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30.0'
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15.00'
U8DIVISION I
BLOCKE~ CENTER S
BRIDG I
c4bMORRISON -- EXHIBIT 'A'
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GRAPHIC SCALE MAIERLE,INc. ......... WATERLINE
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30 0 15 30 An~OIII7WIIII~ EASEMENT
~~ I I Po IIMt ml, IIIn T..... IIW. ~ Mr. ~1 . "*": (M) !17....0721 f'_ (0) !t7-1178
CLIENT: CITY OF BOZEMAN
( IN FEET ) DATE: 06/05/03 PLOTTED DATE: Dec/16/20D3 - 08:41:19 om
FIELD WORK' DRAWING NAME:
1 inch = 30 ft. DRAWN BY: SCALE: 1.~30' H:\0417\042\ACAD\EXHIBITS\EASE -wATER- N.dw9
CHECKED BY: PJF PROJ :0417.042 SHEET ---1-...... OF 1