HomeMy WebLinkAbout19- Sewer and Water Pipeline and Access Easement and Agreement - M. and C. Bennett - Gran Cielo Subdivision Project turn to:
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City of Bozeman
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Page: 1 of 4 05/03/2019 02.37:34 PM Fee M$SC'00
PO Box 1230 Eric Semerad - Gallatin County, MT
Bozeman, MT 59771-1230
SEWED AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Marshall B. Bennett and C. Luzann Bennett, 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 154 if (sewer) and 712 if(water) pipelines with the usual
services, valves, connections, accessories and appurtenances for the purpose of transmitting
sewer and water in, through, and across a strip of land situated in Gallatin County, Montana, to
be located on the following described real property:
Tract 1 of Certificate of Survey No. 2632; Tract 2 Certificate of Survey No. 2725;
and Tract 3 Certificate of Survey No. 2532 in
Section 23, Township 2 South, Range 5 East, Gallatin County, Montana;
The easement is more particularly shown on the attached PUBLIC SEWER AND WATER
PIPELINE AND ACCESS EASEMENT EXHIBIT C which by this reference is made a part
hereof.
Phis 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:
(l) 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.
TfIE GP.AN T EE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said Sewer & 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
Gran Cielo Subdivision Sewer and Water Pipeline&Access Basement
Page 1 of 4
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.
DATED this&day of i#i4/lc.,, f , 2019.
GRANTOR
MARSHALL AND LUZANN BENNETT
Marshall B. Bennett"Property Owner"
J
C. Luz Bennett ` Property Ow "
STATE OF MONTANA )
ss.
County of(:� �,� )
This instrument was acknowledged before me on this---,�day of
2019,by Marshall B. Bennett and C. Luzann Bennett, known to me to be Property Owner.
CHMS BUDESK!
Public r
for the State of Montana
Residing at: Chris Budeski
Y; Bozeman, Montana•..... M` Notary Public for the State of Montana
1 Commission Expires
' November 26,201 s My commission expires /�(o(/. Z4, , 20 1
Gran Cielo Subdivision Sewer and Water Pipeline&Access Easement
Page 2 of 4
ACCEPTED:
o
g,aZ CITY O B E
O.• ► '•^ b
• Manager
U. -^r Wks.:• * .
" * . I},-".,�• �=.:ram,
City Clerk 9t �aa •'• :
rnv co=
STATE OF MONTANA
)ss.
County of Gallatin )
On this day of , 2019, before me, a Notary Public for
the State of Montana, personally appearedS
known to me to be the City Manager and City Clerk, respectively, of the City of Bozeniad 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. oll 11- BRENDA SWEENEY
SwFF.t Notary Public
mQ,,,0TAa1,44�c=_for the State of Montana
Residing at:
Notary Public for the State o Montana ;'.SEAL P��, ��ee,ccrr�� Montana
oF• c N�ykomsslon Expires:
December 02,2022
(Printed N -
Residing at
My Commission expires / /20
Gran Cielo Subdivision Sewer and Water Pipeline&Access Easement
Page 3 of 4
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