HomeMy WebLinkAbout17- Sewer and Water Pipeline and Access Easement and Agreement - Highfive Bozeman IV, LLC - Meadow Creek Subdivision, Phase 1 Return to:
City'of Bozeman
C;iy Clerk
PC Box 1230 EOD
Bozeman, MT 59771-1230
2634414
Page: 1 of 4 12/20/2018 02:40:51 PM Fee: $28.00
Charlotte Mills - Gallatin County,
IIIII MT MISc
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SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Highfive Bozeman IV,LLC,the GRANTOR(S),in consideration of$1.00 and for other good
and valuable consideration,receipt of which is acknowledged,grant(s)to The City of Bozeman,
a Municipal Corporation of the State of Montana,with offices at 411 East Main,Bozeman,
Montana 59715,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 sanitary sewer and water in,through,and
across a strip of land situated in Gallatin County,Montana,on the following described real
property:
Lot IA of the Amended Plat of Block 3 of Meadow Creek Subdivision,Phase 1,
according to the plat therof,on file and of record in the office of the Clerk and Recorder,
Gallatin County,Montana,and located in the Southeast Quarter of Section 23,Township
2 South,Range 5 East of P.M.M.,City of Bozeman,Gallatin County,Montana.
The easement is more particularly 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(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 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.
r
DATED this.s-3 day of j ( 20 i .
aVozeman
tuber,
Hig f IV,LLC
STATE OF MONTANA )
SS.
County of Gallatin )
On this;-a day of fjkj::pb,!�� ,2011 ,before me the undersigned,a
Notary Public for the State of Montana,personally appeared,
sl
known to me to be the managing member of Highfive Bozeman W,LLC 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 Highfive Bozeman IV,LLC.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(S ) ECA'q SUSAN E CARROLL
yJ aOURl �C NOTARY PUBLIC for the
State of Montana
1 SEAL Residing at Bozeman,Montana
N tary Public for theN,,--
of Montana N�9'FoF�ao�`P2c MY Comm14910ri Expires
February06 2020
L t5 1'D�
(Printed Name)
Re ng in
My Coin nisj Expires /20_
ACCEPTED:
B.,'CITY F B ZEMA
� Ayyzve
• �— • ;FlyManager
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City Jerk *�♦ : :�...��
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STATE OF MONTANA j ss CO
County of Gallatin )
On this m ay of 20bIL,before me,a Notary Public for the
State of Montana,personally appeared and
known to me to be the City Manager and City Clerk for the City of Bozeman and the per ons
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)
S BRENDA SWEENEY
�pA wFR
Notary Public for the State o tana �• ti� Notary Public
a 'OoTARr4i•AS for the State of Montana
Residing at:
.SEAL *€ Bozeman, Montana
(Printe ame) .y . =
My Commission Expires:
Residing at Bo n,Montana '��,,,,,,,,,,,,,��o:" December 02,2022
My Commission Expr _/ /20_
EXHIBITA
SEWER&WATER PIPELINE &ACCESS EASEMENTS ON LOT 1A,
AMENDED PLAT OF BLOCK 3, MEADOW CREEK SUBDIVISION, PHASE 1
LOCATED IN THE SE 1/4, SECTION 23, T._2 S., R. 5 E. OF P.M.M., CITY OF BOZEMAN, MONTANA
LEGEND
PROPERTY LINE 90'RPJV GRAF STREET N 88r53'09"W
— —ADJOINING PROPERTY LINE S 88°53'09"E 3.83'
EXISTING EASEMENT LINE EXISTING I•Nfff
IP_ 31.01'
(ALONG GR -
- — — — NEW EASEMENT LINE � �PL � `��_'
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REMAINDER TRACT L'-31.3��
SCALE IN FEET COS No.2286 LESS MEADOW CR PH1
MEADOW CREEK PARTNERS,LLC \� QR_33 -40' L=24 28' \I�
36'40" R=320.00, N 88 53 05"W
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