HomeMy WebLinkAbout15- Timothy Barnard Relsease and Reconveyance of Easement City ®f-B®zemallxity Cle1<k p.®, Box 1230
®zemanq 59771-1230
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2534422
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RELEASE AND RECONVEYANCE OF EASEMENT(S)
COMES NOW the City of Bozeman, 121 North Rouse Avenue, Bozeman,MT 59715,a
Municipal Corporation of the State of Montana hereinafter("GRANTOR") and does hereby
release and reconvey the following described easement(s)unto Timothy Barnard, Montana as
follows:
WITNESSETH
WHEREAS the Grantor is the legal record title holder of water 12ipeline and access easement(s)
situated across Portions of Certificate of Survey No. 893, as described in easement Document
No. 2473485 located in the NE '/4 Sec. 6 T.2 S. R. 6 E. of P.M.M. City of Bozeman, Gallatin
County, Montana.
WHEREAS the above water 12il2eline and access easement(s) were granted July 18, 2013
and recorded on January 24, 2014 at the Clerk and Recorder's Office of Gallatin County,
Montana.
WHEREAS the construction of The Barnard Office Water Main Extension has been
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completed without having to occupy said easements recorded on January 24,2014,and
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WHEREAS the potential re-alignment of the water main extension can be appropriately
considered with future subdivision review of these properties, the vacation of portions of the
street and utility easement(s)recorded on January 24,2014 will not adversely impact the
Grantor's interests.
WHEREFORE, the Grantor does hereby release and reconvey to Timothy Barnard those
portions of the easement{s) located on the above described real property as set forth on Exhibit A
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attached hereto together with any right,title, or interest that the Grantor may have in said
easements as set forth on Exhibit A attached hereto and incorporated herein by reference as
though fully set forth and described as follows: Portions of the Water Pipeline and Access
Easement and Agreement across Certificate of Survey No. 893, as described in easement
Document No. 2473485 located in the NE %4, Sec. 6,T.2 S.,R. 6 E. of P.M.M.,City of
Bozeman, Gallatin County,Montana.
This reconveyance shall not affect the remainder of that easement dated January 24,
2014, of record in the Clerk and Recorder's office of Gallatin County, Montana.
CA
DATED this day of '_ 20 .
GRANTOR-CITY OF BOZEMAN
Title C `t
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City erk • ,,°d a -
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STATE OF MONTANA )
)ss.
County of Gallatin )
On this��day of t�- ,2 Q ,before me, a Notary Public for
the State of Montana,personally appeared CHRIS KUKULSKI and STACY ULMEN,known to
me to be the City Manager and City Clerk,respectively, of 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 Notarial Seal the
day and year first above written.
(SEAL)
� `` "".� HEATfiEFt BI�NVcNI;E
Notary Public
for the State of Month_. N tary Public for the State of Montana
Residing at:
*0'. ,Ail,:=,� Bozeman, Montana
My corn- is2o 2ai Tres: (Printed Name)
6
of MD January
Residing at
My Commission Expires / /20
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City of Bozeman-City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
2473485Pase: 12014 03:07:33 PM Fee: $28.00
Charlotte Mills - Gallatin County,
MT MtSC
ilillq Illiil III IIII IIIIl11 lillll IIII IIII IIIII(IIII IIIIIII li Illll Bill IIII IIII
WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Timothy Barnard,with a mailing address of P.O. Box 99, Bozeman,Montana 59771-00",the
GRANTOR, in consideration of$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,with offices at 121 North Rouse Avenue,P.Q.Box 1230,Bozeman,Montana 59771,
GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain a
water pipeline, with the usual services, valves, fire hydrants, connections, accessories and
appurtenances for the purpose of transmitting water, in, through, and across a strip of land
situated in Gallatin County,Montana,30 feet wide to be located on the following described real
property:
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Certificate of Survey No.893,being a 10.232 acre tract of land located In the NE'/4,Sec.
6,T.2 S.,R.6 E.of P.M.M.,City of Bozeman,Gallatin County,Montana.
The easement is more particularly shown and 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 GRANTOR in order to survey and establish the route and location of the I
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easement and the pipeline and to:
(1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and
maintain the pipeline,services,connections,accessories and appurtenances;
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(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, 'I
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
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the extent GRANTEE may find reasonably necessary;and
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2473485 Page 2 of 4 01/29/201 4 03.07.33 PM
(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 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 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 fall 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) 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
2473485 Page 3 of 4 01/29/2014 03:07:33 PM
the heirs, executors, administrators, personal representatives, successors and
assigns of the parties hereto.
DATED ibis IA day of -ji UA 2013 . '
Timothy anmrd
STATE OF MONTANA )
):ss
County of Gallatin ) 1
This instrument was signed or acknowledged before me this AS,—day
201 3 by Timothy Barnard.
"Q ANNE E KOENTOPP i<
Notary Public
�'
Not Public for State of Montana 1
Q•'�U q�: for the State of Montanr,
Residing at: Printed Name:
PS EA Q;' Belgrade, Montana Residingat
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=? oF•*-offIiK My Commission Fxpires: My Commission Expires —
September 06,2016
ACCEPTED: CITY OF BOZEMAN
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OF Chris Kukulski,City Manager
'�taey, �� 'ty Cie* .
3vI0I�1TAfA )
Coup bf-0ha in" )
This instrument was signed or acknowledged before me this day of JGn4kC
20I:j—,by CMUS KUKULSKI as City Manager and STACY ULMEN as City Clerk of the C
of Bozeman.
(SEAL)
Nota4 Public for the State of Montana
AIMEE BRUNCKRORS1 Printed Name: 1j
P�niK"!o AIOTARY PUB�tC for
the
State of Montana Residing at:
;EAL L. Res+dingg at Belgrade,Montana
�i {u►y Comrrtisaton i:xpires My Commission Expires / /20
µof December 04,2016 I
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