HomeMy WebLinkAbout19- Sewer and Water Pipeline and Access Easement and Agreement - Taylor Properties, Inc. - Lincoln Property E-46D
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City of Bozeman
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PO Box 1230
Bozeman, MT 59771-130
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2654779
Page: 1 of 6 08/16/2019 02:16:13 PM Fee $42.00
Eric Semerad - Gallatin County, MT MISC
1 I I I I I I 1111111 I I 111111111111111111 IN 11111111111111111111111111111111111111111111111111 IN
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
TAYLOR PROPERTIES, INC., the GRANTOR(S), for good and valuable consideration, receipt
of which is acknowledged, grant(s) to THE CITY OF BOZEMAN, a Municipal Corporation,
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 &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: Tract 1 of the Amended Plat, Located in the SW 1/4 of Section 13, Township 2
South, Range 5 East, P.M.M. City of Bozeman, Gallatin County, Montana, according to the
official survey thereof on file and of record in the office of the County Clerk and Recorder of
Gallatin County, Montana
The easement is more particularly described on the attached Exhibit "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, confections, 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 & sewer pipelines, 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 -'7-0 `day of ?1-� , 20 .
G OR
STATE OF MONTANA )
ss.
County of Gallatin )
On this day of , 20 ,before me the undersigned, a
Notary Public for the State of Montana,personally appeared JIM BRAINARD, President of
TAYLOR PROPERTIES, INC., known to me to be the person whose name is subscribed to the
within instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year above written.
(SEAL)
silo
/,
Notary ub is for the State"o-fMontaanO07
(Printed Name)
Residing at
My Commission Expires / /20
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE§ 1189
State of California
County of e
On before me, 1 ,
Date Here Insert Name and Title of t e Officer
personally appeared /,—
—S /i
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by
KRIS L.MACHADO his/her/their signature(s) on the instrument the person(s),Notary Public-California p ( )° p
s or the entityupon behalf of which the
Orange County Zperson(s) acted, executed the instrument.
Commission#2238664
My Comm.Expires May 17,2022 I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature: r �
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document— , 'r-, �! /-/P/,� e
Title or Type of Document:,�;,' Document Date: �le
Number of Pages: Signer(s) Other Tha Named Above: D
Capacity(ies) Claimed by Signer(s
Signer's Name: k _ , pl'/ Signer's Name:
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907
ACCEPTED:
��� OZE,J• CIT O �i N.�
Q by
t hvj City Manager
City Clerk
• ��ATIN C�
STATE OF MONTANA )
) SS.
CountyGallatin S
of n ) L�}trtG�-w�N
On this S day of , 20b&, before me, a Notary Public for
the State of Montana,personally appeared ANB and ROBIN CROUGH, known
to me to be the City Manager and City Clerk for 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.
(SEAL)
S;wF., BRENDA SWEENEY
.���• Fq,=, Notary Public
NotaryPublic for the State o Montana °T�a�gt�<=_for the State of Montana
Residing at:
Bozeman, Montana
(Printed e 9 ? My Commission Expires:
P December 02,2022
Residing at Boze , Montana
My Commission Expir / /20
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