HomeMy WebLinkAbout16- Sewer Pipeline and Access Easement and Agreement - Yellowstone Center LLC, Yellowstone Center Site Plan Return to:
P^o 1 1230
Bozeman, MT 59771 PLUTE0
2554752
Page: 1 of 5 08/17/2016 02:07:23 PM Fee: $35.00
Charlotte Mills - Gallatin County, MT MISC
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SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Yellowstone Center LLC, the GRANTOR(S), in consideration of Approval of Site Plan
Application and other good and valuable consideration, receipt of which is acknowledged,
grant(s) to the City of Bozeman, GRANTEE, its successors and assigns, a perpetual easement to
lay, construct and maintain and to allow access to approximately 1701f of an existing 8" sewer
main (sewer)pipeline with the usual services, valves, connections, accessories and
appurtenances for the purpose of transmitting sewer in, through, and across a strip of land
situated in Gallatin County, Montana, six ( 6 ) feet wide to be located on the following described
real property:
Lot 5 of Minor Subdivision 273
situated in the Northeast 1/ of Section 14, Township 2 South Range 5 East P.M.M.
City of Bozeman, Gallatin County, Montana.
The easement is more particularly described on the attached Exhibit(s) SEWER PIPELINE
ACCESS EASEMENT 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 GRANTOR(S) 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
Page 1 of 4
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 sewer pipeline(s), it will repair or
replace, at its sole expense, or pay to GRANTOR(S)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 backfilied areas may be mounded sufficiently to prevent the
formation of depressions after final settlement has taken place.
THE GRANTOR(S) 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 GRANTOR(S) 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
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without any interruption by the GRANTOR(S). 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 i' day of 2016.
GRANTOR: Yellowstone Center, LLC.
i
By: ,
Its: i' t
STATE OF MONTANA )
ss.
County of Gallatin )
On this (/T day of _C , 2016, before me the undersigned, a Notary
Public for the State of Montana,personally appeared, ,��i S U� Y� v�1 , known to
me to be the �� e y / ( ( and the
person whose name is subscribed to the within instrument and acknowledged to me that he
executed the within instrument for and on behalf of `fp,((o,, lz:)� Cp lapy LLc
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
VAUGHN C.ZIT2ER
NOT
ARY TARY PUBLIC for the
"o"k"� � State of Montana
NotaryJPublic for the State of Montana SEAL Residing at
Bozeman,Montana
My Commission Expires
September 15,2019
(Printei Name
Residing in 1 Z 2 0 1(L i')
My Commission Expires C1 /20
ACCEPTED:
CITY OF BO E
O d
® y - By
City Manager
ATTES
0
City Clerk
C 0
STATE OF MONTANA )
ss.
Page 3 of 4
County of Gallatin )
On this 1 q day of , 2 before me, a Notary Public for the
State of Montana,personally appeared CHRIS A. KUKULSKI and ROBIN CROUGH, known to
me to be the City Manager and City Clerk 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.
(SEAL)
Notary Public for the State of Montana
n. . i.;fG N
y�NpTAR/q�4 ic5r 1 SI7iIC:of Montana
(Printed Name) at:
:cg;.SEAL i i4 w; r r m u,, Montana
Residing at Bozeman, Montana =,r r'. ;;,,, .,;� ;on Expiros:
My Commission Expires: 3 / l'6 /20 "L 0 -°F i 1 10,2020
r*' E
PEARL MICHALSON
s' Nolary Public
1 for the Staa of Montana
Residing at:QBozeman, Montana
,. My Commission Expires:
' March 10,2020
Page 4 of 4
LOT 5 OF MINOR SUB. 273 GRAPHIC SCALE
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SEC. 14, T2S, R5E, PMM .�
CITY OF BOZEMAN, GALLATIN COUNTY, MT
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DATE:
YELLOWSTONE CENTER CIVIL a dSTRUCTURALENGI,NEERING 06.03.2016 EXHIBIT
PROJECTMANAGE.ME,VT
1123 RESEARCH DRIVE
BRIDGER ENGINEERS,INC.
2150 ANALYSIS DRIVE.STE.8 Phi/ (406)585-0590
SEWER PIPELINE ACCESS EASEMENT BOZEMAN•MONTANA 59718 Fax#(406)582-1057