HomeMy WebLinkAbout18- Sewer and Water Pipeline and Access Easement and Agreement - Bozeman Apartment Group, LLC - Icon Apartments, Lot 3A of Minor Subdivision No. 365 Return to:
City of Bozeman
City Clerk
PO Box 1230 2628773
Bozeman, MT 59771-1230 Page: 1 of 4 10/11/2018 03:30:02 PM Fee: $28.00
Charlotte Mills - Gallatin County, MT MISC
Jill
II IIIIIII 111111 IN 111111111 IIIII IIIII IIIIII II 11111 IIIII IIIII 1111 IN
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SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Bozeman Apartment Group, LLC, in consideration of$1.00 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 sewer and water
pipelines with the usual services, valves, connections, accessories and appurtenances for the
purpose of transmitting water and wastewater in, through, and across a strip of land situated in
Gallatin County, Montana, thirty(30) feet wide to be located on the following described real
property: A tract of land situated in the SWl/4 of Section 10 Township 2 South Range 5 East
P.M.M., in the City of Bozeman Gallatin County Montana being a portion of Lot 3A of Minor
Subdivision No. 365, as recorded in the office of the County Clerk and Recorder of said County.
The easement is more particularly described on the attached Exhibit(s) 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
may find reasonably necessary; and
(4) Support the pipeline across ravines and water courses with structures which GRANTEE
deems necessary.
Page 1
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said water and 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 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.
Page 2
DATED this 'AL.day of , 20
BOZEMAN APARTMENT GROUP, LLC
Andre raxton, Member
STATE OF MONTANA )
ss
County of Gallatin )
On this day of er ,20 J_&, before me, the undersigned, a Notary
�S Public for the State of Montana, personally appeared ANDREW BRAXTON, known to me to b L.r�t>�r
the person whose name is subscribed to the within instrument, and acknowledged to me that °9
he/she did execute the same. �'''co-j t
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
\� PI//� NATALIE PURKETT
`l'\ ul"l l NOTARY PUBLIC for the ary Public for the State of Montana
�NOTARIAL�= State of Montana
-* SEAL *; Residing at
Pry Bozeman, Montana
1/40FMO ��� My Commission Expires
/ ill\ January 01, 2022
ACCEPTED:
CITY OF BOZEMAN
By: k:7"'--T
Its. Lit, n8p6n
B Oa
p % . . , .
ATTEST: •
By.
Its: c
STATE OF MONTANA ) ��I ®•mil
ss
County of Gallatin )
On this day of OC-, L`?J_ �- , 20__, before me, a Notary Public for
the State of Montana, personally appeared and '-mjjjj ,
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.
BRENDA SWEENEY C'
° �ASwSF.y4.s Notary Public
m�•'r1oTARlq', for the State of Montana
Residing at: Notary Public for the State Montana
- SEAL. **- Bozeman, Montana
•••�'c�;.` My Commission Expires:
��,,, �► ,�" December 02,2018
Page 3
EXHIBIT A
UTILITY EASEMENT WITHIN
LOT 3A, MINOR SUB. No. 365
PREPARED FOR : BRAXTON DEVELOPMENT ,,�� JULY, 2018
PREPARED BY : S A N D E R S O N S T E R T►e BOZEMAN. MONTANA
WEST SASCOCK STREET
m ..__ (S89'40'17"E
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n L3 S 00'34'39" W 14.07' L13 N 8n5'21" W 24.20'
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M 33: L4 N 89'25'21" W 23.13' L14 S 00'34'39" W 15.00'
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Q L9 N 892521" W 102.24' L19 S 00'34'39" W 11.59' g
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SCALE:I"=150' BKCP_UTIL ESMT_EXA.DWG 17007.02 9/11/18 MDB
BOZ:17707.02_BKCP_Udhty_Easement 080118 6