HomeMy WebLinkAbout14- Barnard Water Pipeline and Access Easement City of Bozeman-City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
2534421
Page: 1 of 4 12/31/2015 10:15:36 AM Fee: $28.00
Charlotte Mills - Gallatin County, MT MISC
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WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Timothy Barnard, with a mailing address of P.O. Box 99, Bozeman, Montana 59771-0099, 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.O. 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:
Certificate of Survey No. 893, being a 10.232 acre tract of land located in the NE 1/4, Sec.
6, T. 2 S., R. 6 E. of P.M.M., City of Bozeman, Gallatin County, Montana.
a
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
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 trie 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 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 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) 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, tl"iat they have a lawfW right to convey the proper y, 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 thisaL dayof '✓ `�
6()jZ�R.)jnLrj-,201j' .
Timothy Barnard
STATE OF MONTANA )
):ss
County of Gallatin )
This instrument was signed or acknowledged before me this ,;�day of ,
201-4,by Timothy Barnard.
{ ANNE E KOENTOPP
� Notary Public f r the State of Montana Notary Public �l
z Q'Noy A rq4 _for the State of Montana printed Narne: Y)-(,�0 E`< Y�TQ
*_ Residing at:
SEA[ .=e; Belgrade, Montana Residing at
My Commission Expires: My Commission Expires / /20
F'OF September 06,2015
ACCEPTED: CITY OF BOZEMAN
By:
Z Chris Kukulski, City Manager
ATTEST: ® •• ° a `�° �5' .
St, n, Cty IClerk
� J•'
ST TE F MONTANA °
)ss.
County of Gallatin )
This instrument was signed or acknowledged before me this day of
201 , by CHRIS KUKULSKI as City Manager and STACY ULMEN as City Cie k of the City
of Bozeman.
,jil lf",' HEATHER BiENVENUE�
,•* f�LF`': (Votary Public
SQ,��1ARq�?m=Yforthe State of Montana C4
Pe&iding at:
SEAL:=e Bozeman, Montana otary Public for the State of Montana
My Commission Expires:
",OF MO,,`
�,I I I • January 26,2018
Printed Name:
Residing at:
My Commission Expires / /20
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? EXHIBIT A
LOCATED IN THE NE 1/4, SECTION 6, T. 2 S., R. 6 E. OF P.M.M., CITY OF
BOZEMAN, GALLATIN COUNTY, MONTANA g
[N89'34'31"E]
46. 7 89 4' 1"
LOT Q
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[N79'07'05"W] o �� i.y� Br\2 ell
59.03 28 5 i f
L 0 2'55" A`gyp, �. \ 3d WIQE"PUf#LIC U71LIfi1l EA5EM� T /
If [5831'3B w / � -- 2a
50.84 7,3k4g"E1 . rJ�✓' �'
18>33i'38�i ' `�
S :ttie a9 s 107.51 04g12'22" \x /
S 4,4 -/..
Ile
NN
a s 30.00 1(M1222' ,�',
J \ fxLOT 13A-1
tn
0 57.24 129 46 31
N S\ [N39-46'31"E]
a .00 039'46'31"
yer� \ \'.... 7.24 129'4 1"
LOT 14A o ` S501 ' 'E3 ya,�i/
[N40'4o'22"w] \ '• / / /g4��
82.62 319'19'38"
Seale In Feet �._ — /�
80 0 80
' 24 0 24
Seale In Meters LOT 11 6 .1)
^�
17�5 E]
/ 546'09*
LOT
Sheet 1 of 1 +'
_ Revised: 1011712014
r \ � EXISTING 30' WIDE WATER
PIPELINE EASEMENT
W �- 3 N / PER FILM 198, P.3974
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Enginearing and Surveying Inc. \ c / 15.87 000'41'39"
1091 Staneridge Drive•Bozeman.MT 5971 B
Phone(406)5B7-1115•Fax(416)587-9768
%wAv.cheagineera.com•info@chengineers.com #14214