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HomeMy WebLinkAbout19- Sewer and Water Pipeline and Access Easement and Agreement - Taylor Properties, Inc. - Lincoln Property E-46D Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-130 PLA7TE 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 F-+ � I H is NIoDNIz o m� � � x U � w � � H Qan UU ozo W Z o O a o n °' CY) Jill w r- w aCV N M M„OV,W.68N ,8Z'66Z N O .. 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