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Home My WebLink About19- Public Pipeline and Access Easement and Agreement - Ironwood, Inc. - West Peach Street Inter-office Original to: City of Bozeman % Department of Community Development PLATTE P.O.Box 1230 Bozeman,MT 59771 Return to: City of Bozeman 2645368 City Clerk Page: 1 of 5 05/22/2019 02:21:09 PM Fee $35.00 PC Box 1230 Eric Semerad - Gallatin County, MT MISC Bozeman, MT 59771-1230 1111111111111111111111111111111111IN 111111111111111111111111111I III11111111111IN PUBLIC PIPELINE AND ACCESS EASEMENT AND AGREEMENT Ironwood Inc., the GRANTOR, 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 135 If(water) pipelines 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 IA Block 1 in the Amended Plat of Westlake's First Addition to Bozeman situated in SE V4 of in 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 Water Pipeline&Access Easement Page 1 of 4 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 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 ILA day of , 2019. Water Pipeline&Access Easement Page 2 of 4 GRANTOR B>r0on-wood Inc. its: Managing Partner STATE OF MONTANA ) ):ss County of Gallatin ) On this 's-1 day of 2019, before me the undersigned, a Notary Public for the State of Montana, personally appeared,Julien D. Morice,known to me to be the Managing Partner of Ironwood Inc. 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 Ironwood Inc& Skeeter LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. CHRIS 13uDESKII Notary Public for the State of Iona __ < for zh (SEAL)tans i Chris Budeski �, 8�ze��.ar, f.�r•.:�.ana (Printed Name) ;C N y Car,rmasiori Expires: Residing at Bozeman MT r_�_ _ ''` ��o` " �?� My Commission expires November 26, 2019 Water Pipeline&Access Easement Page 3 of 4 ACCEPTED: JAU"C C OF BOZE AN ., B 4z y p • ° • • 1y�'� City Manager ATTEST: , �, .• �,- ~•,lei (fi y Clerk * - STATE OF MONTANA ) 9�L`�rIN Co., )ss. >. County of Gallatin ) On this (_�day of , 2019, before me, a Not Public for the State of Montana, personally appear d and , known to me to be the City Manager and City Clerk,respectively, of the City of Boze—m'g 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. Y�IL-!ll nsw BRENDA SWEENEY hP Notary Public mQ aOTAA/q� <"fo P=of Montana Notary Public for the State of Montana =*: SEAL :*` ding at: 9, fir, Bozeman, Montana �, My Commission Expires: (Printed e) '"...°F„' December 02,2022 Residing at My Commission a es / /20 Water Pipeline&Access Easement Page 4 of 4 EXHIBIT A PUBLIC WATER PIPELINE AND RIGHT OF ACCESS EASEMENT WAY PROPERTY SITUATED -ON LOT 1 A, BLOCK 1 LINE AMENDED PLAT OF WESTLAKE'S FIRST ADDITION TO BOZEMAN IN THE SE Y4 OF LOT 1A BLOCK 1 Ln N SECTION 1 T2S, R5E, CITY OF BOZEMAN, AMENDED PLAT OF u� � W GALLATIN COUNTY P.M.M. WESTLAKE'S FOURTH ADDITION TO BOZEMAN o c E-1 C) cn wt S 89'51'20" E I 140.3' o ;n Lob L o SCALE 1"=30' o In o M ZI N 89'S1'20" W oN a 140.3' POINT OF BEGINNING 30' WIDE PUBLIC WATER w WATER PIPELINE ANC EASEMENT 00 ACCESS EASEMENT oi U .^ a Q Y! O a V) w rn v t a N_120 W . M 252.2' —� p RIGHT OF WAY n 0 WEST PEACH STREET u C5