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HomeMy WebLinkAbout16- Water Pipeline and Access Easement and Agreement - First Interstate Bank and Rocky Mountain Bank - Lot 19A of Homesites Subdivision turn to: PLATTED Chr Budeski ` 895 Tee ology Blvd Suite 203 Bozeman MT 59 8 Return to: 2563374 City of Bozeman Page: 1 of 4 11/1©lati, 04:07:24 PM Fee $28.00 Charlotte Mills - Gallatin County, MT MISC City Clerk PO Box 1230 Bozeman, MT 59771-1230 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT First Interstate Bank and Rocky Mountain Bank, the GRANTOR(S), in consideration of One Dollar 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_approximately 476 if(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, to be located on the following described real property: Lot 19A of Amended Plat of Lots 17 & 19 of Homesites Subdivision situated in the Southwest 1/4 of Section 1, Township 2 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County Montana. The easement is more particularly shown on the attached PUBLIC WATER PIPELINE AND ACCESS EASEMENT 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(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 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 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 Lot 19A Homesites Subdivision Water Pipeline&Access Easement Page 1 of 4 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(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 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 l day of , 2016. GRANTOR-First Interstate Bank Y its: �►^ �t�J�`� STATE OF MONTANA ) ):ss County of Gallatin ) On this i day of 0JU , 2016, before me the undersigned, a Notary Public for the State of Montana, personally appea ed , known to me to be a 1dtthe person whose name is subscribed to e within instrument and acknowledge- to e thatre executed the within instrument for and on behalf of IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for Jhe State of Montana .M BERG,, KIM IBERGO Notary Public _'NOTARry�. for the State of Montana (Printed Name) >*: `— * - Residing at: N'.SEAT,.,'* Buzeman, Montana Residing at n -9 My Commission Expires: My Commission expires: } `'`/ of M° February 08, 2019 Lot 19A Homesites Subdivision Water Pipeline&Access Easement Page 2 of 4 GRANTOR-Rocky tain Bank By: its: STATE OF MONTANA ) ):ss County of Gallatin ) 5J On this day of , 2016. before me the undersigned, a Notary Public for the State of ont a, ersonally appeared , known to me to be gd- of and the person whose name is subscribed to the within instrument and ac wledged to me that he executed the within instrument for and on behalf of IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. otary Public r e State of ntana (QT7 AT U rr10',, MALLORY M TH MPSO r IU 1/b ny M Th 05 ix Notary Public :'No�nRiyt:Z=_for the State of Montana (Printed Name) T- :*. *; Residing at: ;,,;.SEA .2r, Bozeman, Montana Residing at � ... . P; My Commission Expires: My Commission expires: - °F"1O` ' ry Februa 24,2018 ACCEPTED: � . "N - by� City Manager ATTE9T:11 .t :i City Clrl( � STATE OF MONTANA ) )ss. County of Gallatin On this V►v�►l�- day of Ocbwe_r , 2016, before me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI and w r Tr r n u 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. P��,arc r PEARL MICHALSON Notary Public for the State of Montana ;�e• �iS�s Public �ec�rL /LI i c lam(Su^ _ :Np1 nr `or to tat ° of Montana * Residing at: (Printed Name) •. `,s- H'Ozerrnan, Montana Residing at 3a2ezry PIT oF N,o1`, rm;Commission Expires: March 10,2020 My Commission expires Vor'ch / 10 /202v Lot 19A Homesites Subdivision Water Pipeline&Access Easement Page 3 of 4 0-V L—S L #1O3rOdd ---p OtLS-985(90b)EEa1 Z9ZO-JRS(904)ifNOHd 9 L/tZ/S :31d0 RIMS.LIQ::\HIAZ3Z0H 800 J 8 NMb2i0 COZ SIMS an II[A')0'ta\N7S.L S6R I D I I n 0 30 1HOI(I I AVM i ITOISIAIQffIlS SHLISaIi GH I 30 lHOld 3N13 VLi J DV d L 59'S l 08'-VZ Z £ ).L83dOZld i 3„80,6t.00S M„Z9,0L.68S r � W ,5 L'LZ W 3„9Z,LC.00S tt £ ————— 22'L2t? M „Z9,0 L.61! 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