HomeMy WebLinkAboutResolution No. R22-44RESOLUTION NO. R22-44
RESOLUTION APPROVING THE ENCROACHMENT PERMIT BY AND
BETWEEN THE BILLINGS BENCH WATER ASSOCIATION AND THE CITY OF
LAUREL
WHEREAS, the Billings Bench Water Association owns and operates the BBWA Main,
Canal, as reflected in the attached Encroachment Permit;
WHEREAS, the City of Laurel maintains a Main Water Line paralleling the BBWA
Main Canal for 300 feet, located in the BBWA right-of-way, described as "a strip of land 150
feet wide, 50 feet lying on the Northerly side, and 100 feet,lying on the Southerly side of the
land more particularly described on the Encroachment Permit; and
WHEREAS, the Billings Bench Water Association has agreed to grant the City of
Laurel an Encroachment Permit to run, construct, repair, and maintain the City's Main Water
Line, subject to the terms and conditions of the Encroachment Permit.
THEREFORE, the City Council of Laurel hereby accepts and approves the
Encroachment Permit by and between the Billings Bench Water, Association and the City of
Laurel and authorizes the City of Laurel Mayor to take all necessary steps to ensure the
execution and proper recordation of the Encroachment Permit.
Introduced at a regular meeting of the City Council on the 23`d day of August 2022 by
Council Member Mize.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
23`d day of August 2022.
APPROVED by the Mayor on the 23`d day of August 2022.
TY OF LAUILEL
Dave Waggoner, Mayor
ATTEST:
00 i� „/
- -
R22-44 Approve Encroachment Permit with the Billings Bench Water Association
APPROVED AS TO FORM:
Michele L. Braukmann, Civil City Attorney
R22-44 Approve Encroachment Permit with the Billings Bench Water Association
ENCROACHMENT PERMIT
THE BILLINGS BENCH WATER ASSOCIATION (BBWA) hereby quit
Claims to City of Laurel 115 West 1st Street, Laurel, MT 59044 as (Permittees or
Grantee), revocable permission to:
"A strip of laid 150 fee6vide; 50 feetlying ori the Northerly side, and
100 feet lying on'the Southerly side of the"following desc'riliedland:
Beginning at a point on the mid-section line of said Section 15 -Tnp 2N 24E -bearing South zero(0)degrees and
one(1) minute East a distance of twelve hundred and two and seven tenths (1202.7) feet from the mid-section corner
of Section 15; thence South seventy three (73) degrees, seventeen (17) minutes West distance of four hundred and
seventeen and six tenths (417.6) feet which point Is four hundred (400) feet North, eighty nine (89) degrees. fifty
seven (5 7) minutes West and thirteen hundred twenty two and seven tenths (1322.7) feet South, zero (0) degrees
one(1) minute East of the mid-section corner of Section 15,"
Subject to the following terms and conditions.
WHEREAS persons may not encroach upon or otherwise use or impair
BBWA's Canal, or its primary or secondary, easement, without obtaining approval
and an easement therefore:
1; PLANS AND SPECIFICATIONS OF ANY "ENCROACHMENT"- or,
DISTURBANCE" OR "PLACEMENT OF, FACILITY
'M4 4 An''encroachment , or disturbance or-ptdcement^of facility •means the
constructton or ttie placement, and any -work: associated they"ewtth, of any
.. .. _ _.
facility, including utility. lines; pipes; pipeline, culverts, bridges, trees,
buildings, etc. over, across, on, under, through or near the BBWA'S canal,
laterals; embankment, or right-of-way thereof.
2. Any "encroachment", "disturbance" or "placement of facility" by
"PERMITTEE", over, across, under, on or near BBWA's canal, laterals,
And embankment thereof, MUST BE DONE BETWEEN NOVEMBER 1. AND
APRIL 1, of each year, unless a specific written exception is granted by
BBWA. "PERMITTEE", shall contact BBWA, at least twenty-four (24)
hours in advance of any actual "encroachment" "disturbance", or
"placement of facility."
On lateral crossings, BBWA requires using riprap and necessary
measures to insure that the soil integrity of the canal will not give away
or leak. All cuts in the laterals shall be lined with high swelling sodium
type bentonite such as is produced by Wyo-Ben Inc. or other impervious
material as agreed to by BBWA.
Final details of reclamation shall include:
Soil compaction per attached exhibits surface restoration per
attached exhibits and grass areas will be sodded. Final reclamation shall
be approved by BBWA prior to and after "PERMITTEE'S" "encroachment"
"disturbance" or "placement of facility".
3. The installation of any culvert, bridge, fence, or any other "facility" will be
such as to allow BBWA access to cleaning and allow safe and efficient
operation, maintenance of its canals and laterals.
4. BBWA shall be entitled to use the road easement in the operation and
maintenance of its canal. The "Permittee" shall have right of access and
enjoyment of its' easement under this agreement so long as such use and
enjoyment by "Permittee" does not interfere with the normal operation
and. maintenance of BBWA'S canals and only so long as the encroachment
otherwise complied with the bylaws of BBWA as they may exist from time
to time.
S. The "Permittee", will take necessary actions to insure that the easement
does not create a nuisance or hazard to the public, or that the easement
will not interfere with other utility easements.
6. The "Permittee" shall take necessary precautions to warn or prevent the
public from using BBWA'S easement, in a manner which might result in
harm or damage to BBWA'S canal, the "Permittee", or the public including
the construction of a safety curb along the canal, and posting "No
Trespassing" signs along the canal.
2
/1
7. The "Permittee" shall be responsible for the cleaning, and maintaining; of
any facility it constructs or places in BBWA'S canal or laterals.
"Permittee" shall be responsible for any damage associated with and
"encroachment", disturbance", or "placement of facility", by
"PERMITTEE". BBWA may, but has no duty to repair, replace or clean any
structure of "Permittee" and assess against the "PERMITTEE" the cost
thereof.
B. The "PERMITTEE", and/or its contractors, shall provide BBWA with
Proof of insurance, prior to any "encroachment", "disturbance", or
placement of facility."
9. The "PERMITTEE" shall pay to BBWA,
Five Thousand Five Hundred Sixty Dollars and NO/100 Dollars
($5560.00 .
(Receipt of which is hereby acknowledged for this permit and easement)
BBWA'S general costs and expenses associated with this permit include a
review of "Permittee's" plans, site inspection, development and operation of
this permit system, record keeping, on site inspection prior to, during and
after construction, and possible inconvenience and expense related to said
"encroachment", "disturbance", or "facility", during future years of operation,
maintenance, and cleaning BBWA'S canals and laterals. If BBWA has to clean,
repair, or maintain any "encroachment", "disturbance", or facility, of
"PERMITTEE", BBWA shall do so, and send the "Permittee" a bill for such
services.
10. "PERMITTEE" is liable for any consequential damages related to or
caused by "Permittee's" "encroachment", "disturbance", or "facility .
"Permittee" agrees to indemnify and hold harmless the BBWA from any
damages arising out of "PERMITTEES" "Encroachment "Disturbance" or
"Facility". In accepting this PERMIT, The "permittee", its/his successors
or assigns, agree to protect BBWA and save it harmless from all claims,
actions or damage of every kind and description which may accrue, to or
be suffered by, any person or persons, corporations or property by
reason of the performance of any such work, character of materials used
or manner of installations, maintenance and operation or by the
improper occupancy of said encroachment, and in case any suit and/or
action is brought against BBWA and arising out of, or by reason of, any of
the causes, the "PERMITTEE" its/ his successor assigns, will upon notice
to it/him of the commencement of such action defend the same at its/his
sole cost and expense and satisfy any judgment which maybe rendered
against BBWA in any such suit or action.
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11. In the event BBWA shall at any time in the future change the location or
elevation of its canal or lateral at the point above referred to,
necessitating any change in the location of the head gate, the cost of the
modifications shall be borne by the permittee.
12. Change or location of such buried line to meet the needs of the BBWA,
shall be borne by the "Permittee".
13. In the event the BBWA in the enjoyment and operation of the irrigation
system, damages the buried line of the "Permittee", that the "Permittee"
will not claim any damage from the BBWA except in such instances as the
damage is caused by the willful or gross negligence of the BBWA, its
representatives, contractors, agents or servants.
14. If BBWA owns less than the entire and undivided fee simple title in said
lands, then this easement applies only to the interest they have.
15. This Permit shall also be binding on any other successor or assignee of
the "Permittee". THIS PERMIT SHALL RUN WITH THE LAND. Any
successor in interest of "Permittee" shall immediately be bound by the
terms of this agreement by any use of its benefits of the encroachment
permit.
16. If "Permittee' is a contractor, agent, or other representative for another
principal, city or county government, or any other person or entity, this
permit shall be binding on such principal, government, and such other
person or entity. This permit shall also be binding on any other successor
or assignee of the "Permittee" and such entity waives all defenses of
sovereign immunity, statutory, or constitutional rights of home rule.
17. In the event of a dispute over the terms and conditions of the Agreement,
The BBWA shall be entitled to its reasonable attorney's fees and costs
from the "Permittee', whether or not the same are incurred in connection
with any lawsuit.
18. The Permittee warrants that it is authorized to enter into this agreement
for and on behalf of all persons claiming an interest in this permit.
19. Each and every person using such permit shall by their use covenant and
agree to be bound by the terms hereof to the same extent as the
"Permittee".
20. The Permit may not be assigned without written consent of BBWA.
0
I AGREE TO THE TERMS AND CONDITIONS OF THIS PERMIT:
13yS)
i alA
Title
STATE OF MONTANA
COUNTY
�O�FYELLOWSTONE y
On this /�J' day of V' l 2022, before me, the undersigne , a Notary
Public for the State of Montana, personally appeared ft
known to me to be the person �w"h"ose name is subscr don
this instrument and acknowledged to me that r�executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
y 6TgE� KELLYSiRECKER
NOTARY PUBLIC fbrft
Swdmonww
t SEAL* "at Big Ho. Monism
4 Commission Y: 20200345
'�F � My M0=6*�
BILLINGS BENCH
WATER ASSN.
P.O. BOX 50150
BILLINGS, MT 59105
406-259-6241
Bill To
City of Laurel
115 West 1st Strret
Laurel, MT 59044
INVOICE
Date
Invoice #
7/15/2022
47236
Due Date Account#
8/14/2022
Description
Rate
Amount
Right -of -Way Permit to run, construct, repair & maintain water line paralleling
... 5,500.00
_ -, .__ . 5,500_.00
BBW Main Canal for 300 feet
Recording Fees . d is
60.00
60.00
Credit Cards Accepted - 3.29% of amount processed + $.10 transaction fee will be applied -
Please call for amount.
LATE FEES APPLIED AS FOLLOWS: 5% Penalty plus 50 cents adv charge and interest
Total
''charges at highest rate provided for under Montana Law.
$5,560.00
Follow us on FACEBOOK @BillingsBenchWater
Phone #
E-mail
Web Site
bbwa@bresnan.net
http://billingsbenchwater.vistaprintdigital.com
406-259-6241
RALPH H. FIFIELD
CONOULTIUG ENGINEER
BILLINGS, MONTANA
may let' 1928
Dug to a few changes that have. taken place in theme"'""' # �
rivor,,,3t.:ia now noceosary that the Billings Bauch Wer Association
asst- its canal up the river at a point in Lot'5, Section 159 Tounchip
2 South, Range 24 Eo which vould.necesgitate oroeeing property owned by
your city and now being used for a dumping ground. The right -of -away
required is ohown on the attached blue print and the description is in -
below g1vun®
It is the understanding of the writer that you require
ground for dumping purposes and it is understood that a bridge will have to
be constructed across the canal to serve your purpooeo. After tbs,osnal is
constructed you will be able to drive along on top of the bank and dump over
and on the outside of the same, 1$ you so desire*
It is also necessary that the Association take ogre
of.outlet to the City's aoWai and it proposes to continue the pipe line. across
the canal so as to emir.tV ,into the slough b9loao. It is aloe, Stplr!®
y
underet of year+ City will most on .0- 'Mtagv9
uric, rand if-M1s70071T+ TOMS the'-2ssoais:t163twould like to appear
before the Board and submit its proposition and if possible, don "tFa-d
for the right-of-way desired,
hand is $ Bo-aRitP.
mb tract of lod o tsiniag no and five tenths (lab)
acres, more: or less, and bo in Lo� 5R Bead n 15, Township Tao (2)
South of Range 24 E.li.Pm Sand mor particularly deso abed as followst
ma otrip of land 150 feet wide, 60 feet lying On the
Northerly aide, and 100 feet lying on the Southerly side of the following
described linea
"Beginaing at a point on the mid-section Me of said
section 16, boaring South Corp (0) degrees and.one (1) minute Mat a-Aid.towo
of twelve h=dred cad tem and seven tenths (1202o,71 foot; from the mid-arootion
corner of said Motion 15g thonco South seventy:throo (78) degrees, sevonij�iicn
(17) minutes West a distance of four hundred and seventeen ,and six tenths feet
(41706), which point is four hundred (400) feet North eighty-nine (691 degree
The above may be described by meats and bounds if it
is so desired.
Will you please telephone the writer., at his expense,
whether or not it will be convenient for the Officials of The Billings Bench
Water Association to meet with your Hoard Tuesday evening, and if so at what
time they, should ba..tUesee-
Thanking you in advance, I am,
Moura very truly,
THIS INDENTURE, made this 21st day of May, 1928, by
and between the CITY ON LAUREL, MOTANA, a municipal corporation,
the party of the first part, and Billings Bench Water Association,
a oorporation, of Billings, Montana, the party of the second part,
Witnesseth:
That, for and in consideration of the sum of One and no/100
Dollars and other valuable oonsidarations in hand pain to the party
of the first part, the receipt of which is hereby acknowledged, said
party of the first pant hereby grants, bargains, sells and conveys
to the party of the second part, its .successors and assigns, a right
of way and easement not to exceed 150 fact in width situate, lying
and being in Lot 3,Section 15, Township Two (2) South of Range 24
East, Montana Prinioipal Meridian, in Yellowstone County, Montana,
and more particularly described as followe:
COPY
t
Together with the right to said second party, its successors
and. assigns, to construct, operate and maintain an irrigation canal
;
or ditch on, along, through, across or over the above desoribed
lands.
In consideration of the first party granting said right
of way and„easement, said aeaond party agrees to amoothe down,
level and widen the top of the ditch banks through said first
party's lunds tolthe satisfaction and approval of the first party's
engineer so the same may be used for a road and at the seat -edd
of the south bank second party agrees to widen said ditch bane
to a width of at least 40 feet eo as to afford room enough for
teams and trucks to turn on; second party fuFhjll�ogre as to
furnish the material gnd i¢b erect, construcii,. n maintain,.
8t&c $drat has in use or
j
any and all sewer out h party now
may hereafter require from its sewer filter bode or N ®fir gIPm,
the same to be built, erected, constructed or replacedAwl'�h"iy�i'�
thirty (30) days after notice from said first party that the same
ars .required; and second party further agrees to furnish all
material and build,ereot,xzgkcon6truot, replace Ad maintain
�
'a wagon bridge and approaches at a point.over and across s000nd
party's canal 'or ditch to be dusighated by first party, said.
bridge to be 1Bfeet wide and with railings and of U'Uffirient
strength to carry a 10,000 pound load.
•I�
It is further agreed by the parties hereto that all
lands out side of the ditoh banks not used or occupied by the
canal or ditch and its banks when said canal or ditch is completed
shall be used by the first party as dumping grounds and first
party shall have the right to dump from the banks of-fidoond party's
canal or ditch.
The covenants of this agreementshall inure to the
boilefitof and be binding upon, the respective parties hereto,
their suo,;essors and assigns.
CITY OP LAUREL,
Attest: By .Its Mayor
City Clerk.
BILLINGS BENCH WATER k3SOCIATION,
BY
Attest: Its President.
Its Secretary.
THIS INDENTURE, made this 15th day of May, 1928, by
and between the CITY OF LAUREL, MONTANA, a municipal corpora-
tion, the party of the first part, and Billings Bench Water
Assooiation, a oorpoxation, of Billings, Montana, the party of
the second part, witnesseth;
That, for and in consideration of the sum of One and
no/100 Dollars and other valuable considerationsin hand paid
to the party of the first part, the receipt of which is hereby
ao'snowledgod., said party of the first part hereby grants, bar-
gains, sells and conveys to the party of the second part, its
successors and assigns, a right of way and easement not to es-
cead 150 feet in width situate, lying and being in Lot 3, Sec-
tion 15, Township two (2) South of Range 24 East, Montana Prin-
cipal Meridian, in Yellowatone County, Montana, and more par-
ticularly described as follows;
"A strip at land 150 feet wide, 50 feat lying on the
Northexly side, and loo Peet lying on the Southerly side of the
i
following described line:
"Beginning at a point on the mid-section line of said
Section 15, bearing South zero (o) degrees and one (1) minute
East a distance of twelve hundred and two and seven tenths
(1202.7) feet from the mid-seo#On corner of said Section 16;
thence South seventy-three (73) degrees, seventeen (17) minutes
,West a distance of four hundred end seventeen and six tenths
fest (417.6)1 whioh point is four hundred (400) feet North,
eighty-nine (89). degrees fifty-seven(67) minutes west and
thirteen hundred twenty-two and seven tenths (1322.7) feat
south, zero (o) degrees one (1) minute East of the mid-seotion
corner of said Section 16." Reserving and excepting right of
way for sewer outlets to Yellowstone River.
Together with the right to said second party, its
successors and assigns, to construct, operate and maintain an
irrigation canal or ditch on, along, through, across or over
the above described lands.
In consideration of the first party granting said
right of way and easement, said second party agrees to smooths
down, level and widen the top of the ditch banks through said
first party's lands to the satisfaction and approval of the
first party's engineer so the same may be used fox A road and
at the east end of the south bank second party agrees to widen
said ditch .bank to a width of at least 40 feet so as to afford
room enough fox teams and trucks to turn on; second party fur-
ther agrees to furnish the material and build, erect, construct,
replace and maintain, any and all sewer outlets to the river
that first party now has in use or may hereafter require from
Its sewer filter beds or sewer system, the same to be built,
erecta&, constructed or replaced according to plans and specifi-
cations provided by firat party within thirty (80) days after
notice from said first party that the same are requixed; and
second party further agrees to furnish ail material and build,
erect, construct, replace and maintain a wagon bridge and ap-
proaches at a point over and across second party's canal or
ditch to be designated by first party, said bridge to be 16 feet
wide and with railings and of sufficient strength to carry a
10,000 pound load.
It is fuxther agreed by the parties hereto that all
lands out side of the ditch banks not used or occupied by the
canal or ditch and its banks when said canal or ditch iscom-
pleted shall be used by the first party as dumping grounds and
first,party shall have the right to dump from the banks of sec-
ond party±s canal or ditoh.
The covenants of this agreement shall inure to the
benefit ofand be binding upon the respective parties hereto,
their successors and assigns,
Attest;
city Cler .
Attest; OIL,''--�
its see
STATE OF MONTANA,
ae.
county of Yellowstone
OITY LAUREL,
By
(/ Its Mayor.
BILLINGS BENCH WATER ASSOCIATION,
By By�•� /
Ite President.
On this 15th day Of MDM_
the year nineteen hundred
and twenty-eight before me a Notary Public
for the State of Montana; Personally appeared James Kucera, known
to me to be the Mayor of the municipal corporation that executed
the within instrument, and acknowledged to me that such oorpor
ation executed the same.
IN WITNESS wHEREO.F, I have hereunto set my hand and af-
fixed my Notarial Seal, the day and year in this certificate first
above written. %
e state of
Montana. _/�
Residing at (' re"4* 36
My Commission expire
7 JR
STATE OF MONTANA, jj
es. '
County of Yellowstone. ))
On this 15th day of May, in the year nineteen hundred
and twenty-eight before mo lel4a Notary Public
for the State of Montana, personally appeared H. 0. Drange, known
to me to be the President of the corporation that executed the
within instrument, and aeimowledged to me that auoh corporation
executed the saw.
IN WITNESS VIHPREOFI I. have hereunto set my -hand and
affixed my Notarial Seal, the day and year in this certificate
first above written,
Votary Public for the St,00 of
Montana.
My 00iding one
My ng aat t exp xr sa
LA
0 �tite. yVC .
A
�Aro OM KQMPV prosop
Bi7lliago BQMh Wator ASMOo
Bill9:aagm� ��staasia
Do" Sirs
I MM CacloaiM how=ith an aewwzontM0414-
ing
the tonteg, aglaeoMont catered into on May l5p
19980 with your c
It there are aray changes to be modes, kindly
lot me Imowa if it is %ound to be satisfactory
then have your officers 82�p both copies and
rotWA to ma ca that it can be submitted to the
City Council at its =et&* on March. 4the Tho
same hae,bam appro7ed Sm ao for sac tho city i€3
A coo will be furalobod you a&ter it has
boon omwated by the city otficialem
very truly YOWCD
Roselle grits
City Clark*
ThIS INDBI;TURE made this 5th day of I•'ebruary, 1941, by and
between the City of Laurel, Montana, a municipal corporation, the
party of the first part, and Billings Bench Water Association, a
ccr)Orati C!1 Of „1111'1;,°, 1.011tana, the r.art;j of t[_o iOCO'jd _art,
W1T:.l;SShTh
'1'FA'T, WiMRSAS, on the 15th day of May, 1928, the above
named parties entered into a written contract in which it was
agreed among other things as follows: "Second party further
agrees to furnish all material and build, erect, construct,
replace and maintain a wagon bridge and approaches at a point
over and across second party's canal or ditch to be designated
by first part;;, said bridle to be 1G feet wide and with railings
of sufficient strength to carry a 10,000 pound load", and
§i:. iizAS, it is the Intention of the
modify said agreement dated I,;ay 15, 1928, by vraivini; the right
to have said brfd;;e constructed and maintained as provided in
said contract, and
WURLAS, said .second Darty has made the first party a
proposal to build, construct, gravel and maintain a road on the
upper and northerly side of its canal from its present head6ate
on the north bank of the Yellowstone River in Section 15, Town-
ship 2 South, Range 24 East, 2:, Y. I.;. in Yellowstone County,
ontana, parallel to said canal and on its northerly bank extend-
` cald Section 15, in
lieu of said bridge.
10W, 121:LlWFORh', for and in consideration of the sum of
One and no/100 Dollars (61.00) and other valuable considerations
in hand paid by each party to the other, the receipt of which is
hereby acknowledged, the said party of the second part hereby
grants, bargains, sells and conveys unto the party of the first
part, its successors and assigns, an easement for a right-of-way
for a road not to exceed 40 feet in width situate; lying and
being in Section 15, Township 2 South, Range 24 'East, i:;. 11. :::.
"' •- in yallowstone County, Montana, - and more particularly de"Serlbed
as follows: A strip of land 40 feet wide lying on the upper or
northerly side of second parties main canal and parallel thereto,
extending from its headgate on the north bank of the Yellowstone
River in said section and running along said upper or northerly
ban?' of said canal to a point 400 feet west of the cast line of
said Section 15.
Second party further a;roes to smooth dovin, level and
widen and gravel with pit run .-ravel, the upper side of its said
ditch bank from its headgate to the east line of said Section 15
"" tiiSh and approval of the first party's engineer,
so the same may be used for a road and second party agrees to
widen said ditch bank to a width of at least 40 feet, so as to
afford room enough for cars and trucks to turn on, said wort:
to be conpletod by March 15, 1841, ';`hat -first party heroty
waives the construction of a bridge across second narties canal
as provided in the agrceraent dated :ay 15, 1926, and hereby
releases said second party from its obligation to build, erect,
construct, replace and maintain said wagon bride and approaches.
q Second party hereby agrees to extend the present pipe
line now carrying waste water across :its said os... ..
will be oxgosed to the north side of the proposed road to be
constructed by second party.
It is hereby -expressly agreed by the parties hereto
that the modification made by this agreement shall not effect
any other portions of the agreement dated-Mmy 15, 1826, except
the part of the contract hereinbefore expressly quoted and said
agreement otherwise shall remain in full force and effect.
The covenants of this aSreement shall enure to the
benefit of and be binding upon the respective parties hereto, their
successors and assiC;ns.
CITY OCFZL,
By ,
.------•I�h;ayor.----•-
.ATTLST !
• City C erl�'(�
BILLINGS BENCH WATER ASSOCIATION,
ATTEST: ^,
I s/' 3ecre
STATE Or' idOLTArieA, )
county of Y�,lowstonee-
Ori this /,� Y day of L� , i he year nineteen
hundred and forty-one before ma _------'�i�
a 'notary Public for the State of i.ontana, personally appeared
LAe'ius Conrad, ]mown to me to be the irtayor of the munioipal
.w corporation that executed the within instrument; and acknowledged_
to me that such corporation executed the same.
!V WITNLSS W11EREOF, I have hereunto set my hand and
affixed.my Notarial seal, the day and year in this certificate
first above written.
1c� 1u r37r, for the Stata of
Montana. Residing a " urel. Any
Commission expires
STATE OF 1,.OliTAWA, )
) ss.
County of Yellowstone.)
C%t tT3fI'§" •_4th_ day of _i_arch , in thoyear
nineteon hundred and forty-one before me `Hazel Brainard
a Notary Public for the State of Ifontana, personally appeared
_ ora Kemp _ _ , known to me to be the President
o£ the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN NIThr SS WH;HECF, I have hereunto set my hand and
affixed my notarial Seal, the day and year in this certificate
first above written.
•
NotarvoPublic for. the State of
------ Montana. R+1,ia�
Lontana, Ly Cojivaission explros
April 16. 1942
W 6
N
RESOLUTION NO. R09-101 op o
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
ACCEPT A PERMANENT WATERLINE EASEMENT FROM CHS, INC. M n
WHEREAS, a portion of the City of Laurel's waterline is located on property owned by
CHS, Inc.; and "
WHEREAS, in order to complete the waterline replacement project, it is appropriate and
necessary for the City to accept a permanent waterline easement from CHS, Inc; and w
Q
WHEREAS, the City Council must grant the Mayor authority to acknowledge receipt and 9
accept the conveyance of the permanent waterline easement. ,
NOW, THEREFORE, BE IT RESOLVED by the City„Cowrcil of the_ City_gf I an
Montana, that. the Mayor is autliorized to acknowledge receipt and accept the conveyance of the
permanent waterline easement from CHS, Inc, attached hereto. o
I r
Introduced at a regular meeting of the City Council on October 6, 2009, by Council
Member Rodgers
PASSED and APPROVED by the City Council of the City of Laurel this 6a' day of
October, 2009.
APPROVED by the Mayor this 6th day.of October, 2009.
CITY OF LAUREL
� n
Kenneth E. Olson, Jr., Mdfor
ATTEST:
Elk River Law Office, P.L.L.P.
R09-101 CHS Waterline Easement
RESOLUTION NO. R09-101
A RESOLUTION OF THE CITY COUNCIL. AUTHORIZING THE' MAYOR TO
ACCEPT A PERMANENT WATERLINE EASEMENT FROM CHS, INC.
WHEREAS, a portion of the City of Laurel's waterline is located on property owned by
CHS, Inc.; and
WHEREAS, in order to complete the waterline replacement project, it is appropriate and
necessary for the City to accept a permanent waterline easement from CHS, Inc; and
WHEREAS, the City Council must grant the Mayor authority to acknowledge receipt and
accept the conveyance of the permanent waterline easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the Mayor is authorized to acknowledge receipt and accept the conveyance of the
permanent waterline easement from CHS, Inc, attached hereto.
Introduced at a regular meeting of the City Council on October 6, 2009, by Council
Member Rodgers
PASSED and APPROVED by the City Council of the City of Laurel this 6°i day of
October, 2009.
APPROVF.D by the Mayor this 6th day of October, 2009.
CITY OF LAUREL
'Kenneth E. Olson, Jr., M9yor
ATTEST:
Elk IRiver Law
I
R091.101 CHS Waterline Easement
I��III �II�� IIII�I I��III �II I��I�I �II�UI III ��I�I II�I'I�9I Page:
��I�9 VP
Yellowstone County ERSE 55.00
city or :
City DrL 10d pdr. hcasura's INacc -• _�
P.O. r1, M.
laurel, Monona 5904
PERMANENT WATER LINE EASEMENT
For SLGO and other good and sufficient consideration paid, Grantor hereby grants the
City of Laurel a Permanent Water Line Easement 30 feet wide, 20 feet on the Northerly
side and 10 feet on the Southerly side of the following described centerline located in the
S W'/., Section 15, T.2S., R.24E., P.P.M., Yellowstone County, Montana, with the right to.
construct, maintain,inspect, operate, protect, repair, replace, change the size of, and
remove as further described as follows:
Commencing at the 1/4 corner common to Sections 15 and 16 thence S21 '57'26"E, a
distance of 1923.16feetto the Southerly boundary of a tract of land as described in Book
201, Page 316as recorded in the office oftheXellowstoneQpugly.,ClorY,&Recorder, ..
also being the Pohd of Beginning, tbenceN68°42'30"E, a disfance of 100.87 feet; thence
N74°51'47"E, a distance of 892,51 feet; thence N52°21- '47"E, a distance of 78,40 feet;
thence N74"51'47"E, a distance of 185.41 feet; thence N61'22'1 I"E, a distance of
339.03; thence N72°37'11"E, a distance of 17.25 feet to the Point of Termination on the
Westerly boundary of a tract of land described in Book 37, Page 176 as recorded in the
ofticc of the Yellowstone County Clerk & Recorder, being S17' 19'55"W, a distance of
1329.57 feet from the Center Y, comer of said Section 15, as. shown on Exhibit 'A'
(Figures I & 2) attached hereto and made a part thereof containing an area of IA07 acres,
more or less.
Together with a Temporary Easement for construction purposes being 50 feet wide, 30
feet on the Northerly side and 20 feet on the Southerly side of the above described
centerline as shownon said Exhibit 'A' (Figures l &.2)attached hereto and made a part
thereof being contiguous, adjacent and parallel to the previously described easement,
containing an area of 1.854 acres, more or less.
Dated this DY day of Sep _ 2009.
Grantor: CHS, Inc.
By: Y.icl:. Q �+.•
Name/
Its:pTr+�G+�
Title
State of Montana }
County of Yellowstone }
On this day !_ [drab Pf , 2009. Y tri -4k-6, /�i;r4&f 7 appeared.
before me and atkno�wledged to me that he/she executed this Easement on behalf of the
Orantgrs n.i hi�tierp�ffr^cial capacity. 66 rCnAP/'t( tuAwTr.
tccAT% .n C.FAUCf
Printed Name:4jVAA1'(' T&Kqlvl ri1.
Notary Public fpr the StateofMontaa �r '(
Residing at: 4 n ail l �y p
My Commission expires: N i) "'
Sea`'
�sTATE Of M�
3526898
Page: 2 of 5
1010712009 03:27P
Yellowstone County EASE
Acknowledgement and Acceptance of Easement:
The Mayor for the City of Laurel, Yellowstone County Montana, on behalf of the City
Council, acknowledges receipt of this Easement and hereby accepts the Easement
conveyed through this instrument pursuant to City Council Resolution No. R09-101
this 6th day of October .2009.
e9 p•
ennethE.Olson, Jr.
Mayor
Attest:
Mary K. Em eton
City Cler rcasurer
STATE OF MONTANA )
CountyofYeltowstone )
On the &7W day of t1M)h46#' 2009, before trio, a Notary Public in and for the
State of Montana,. personally appeared Kenneth E. Olson, Jr., known tome to be the
Mayor of the City of Laurel, Yellowstone County,. Montana, and Mary K. Embloton,
known to me to be the Clerk/Treasurer for the City of Laurel, Yellowstone. County,
Montana, who signed the foregoing instrument and who acknowledged to me that they
executed the same in thew official rapacity.
WITNESS my hand and seal the day and year hereinabove written.
o� ot•�c.1ct-�—•' (SEAL)
Printed me: 4he, L Lis
Notary Public for. the State of Montana
Residing at: La&-eL
My Commission expires: ! . Z=(4
07
\ EXHIBIT 'N 1.
t. `EST .COR. CHS, INC
+ 1 '• SW14. SEC. 15,�-
51 NY �• T.2S., R.24E., P.M.M.,
M
YELLOWSTONE COUNTY; ONTANA
� 1
ggam° tc
` NON
{t 9WY. yyy c'�
SEC. 15
NET 21' WE
}
f N74'
51 4TE PROPOSED
50 FT. MOE TEMPORARY
I CITYcfILAUREL 1T' t CONSTRUCTION EASEMENT
SK 21110.Z16," h-1 1.854 AC.
.:, M,. CL PROPOSED LEGEND
A" 30 FT. WIDE EASEMENT
OHV '' v4 12" WATER LINE FOUND A CORNER
WW7P PLANT
N"" �I ,'� ••' ` ' NS8 42 SO"E TO 1.107 C, PERMANENT, WILILY EASEMENT
. KKC! •,r / 100,87 100 50 0 100 200 TEMPORARY CONSTRUCTION EASEMENT
-( P.O.B.
-��
STA. 7+99.53 SCALE IN FEET
NOTE: BEARINGS ARE ORO�•], MOPHSON
REFERENCED TO INE MONTANA
COORDINATE SYSTEM NAO83. YV[WG]MAIERLE INC. ^^^ �.�upi:"im um EANEMENreyuorc
WNLP{AVE FIG. 1
io W Wfp%fN(
3.: 4 f 5 P
ftlt...t. C.VMI EASE 55. 00
.-m x,
m
EXHIBIT W
CHS, INC
SM. SEC. Is,
T.25., P.24E., P.M.M.,
YELLOWSTONE COUNTY, MONTANA
'y
N61- 22' 11-E_ i / .. _.
'a /
T /�
�N, _N74'
1-E—,V-
_M74' 51' 4,-7.E
NOTE: BEARINGS ARE GRIO
REFERENCED TO THE MONTANA
COORDINATE SYSTEM NAO53,
SEC 15
CITY Or LAUREL
SK 37 PG 176
'4
TERIMMATION
37" 1 VE
7 2
.
rPO
EIEWUT LEGEND
FOUND A CORNER
PERMANENT MM EASEMENT
0 0 100 200 TEMPORARY CONSTRUCTION EASEMCNT
SCALE IN FEET
IMUMM
3525898
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'15
CL PROPOSED
sec.
+P7
FL MOE EASEMENT
12" WATER LINE
ps
TO WWTP PLANT
4
'y
N61- 22' 11-E_ i / .. _.
'a /
T /�
�N, _N74'
1-E—,V-
_M74' 51' 4,-7.E
NOTE: BEARINGS ARE GRIO
REFERENCED TO THE MONTANA
COORDINATE SYSTEM NAO53,
SEC 15
CITY Or LAUREL
SK 37 PG 176
'4
TERIMMATION
37" 1 VE
7 2
.
rPO
EIEWUT LEGEND
FOUND A CORNER
PERMANENT MM EASEMENT
0 0 100 200 TEMPORARY CONSTRUCTION EASEMCNT
SCALE IN FEET
IMUMM
3525898
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'010712009 M2�
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5j;,e%`^5 6
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