HomeMy WebLinkAbout20- Public Utility Easement and Agreement - Auto Xtreme, Inc. - Lot 5A, Amended Plat of Lots 5 and 6, Gallatin Center Subdivision PUD Phase 1 RETURN RECORDED DEED TO:
Bozeman City Clerk ANTED /
PO Box 1231
Bozeman, MT 59771-1231
2687826
Page: 1 of 5 07/02/2020 01:57:00 PM Fee: $35.00
Eric Semerad - Gallatin County, MT MISC
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PUBLIC UTILITY EASEMENT AND AGREEMENT
Auto Xtreme, Inc., a Texas Corporation, of 18601 LBJ Freeway, Suite 525, Mesquite Texas
75150, the GRANTOR, in consideration of one dollar and other good and valuable
consideration, receipt of which is acknowledged, does hereby grant to City of Bozeman, of 121
North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal Corporation of the
State of Montana, GRANTEE, its successors and assigns, a perpetual easement to lay, construct
and maintain sanitary sewer pipelines with the usual services, manholes, connections, accessories
and appurtenances for the purpose of transmitting sanitary sewer in, through and across a strip of
land situated in Gallatin County, Montana, 30 feet wide to be located on the following described
real property:
Lot 5A, Amended Plat of Lots 5 and 6, Gallatin Center Subdivision P.U.D. Phase 1, City
of Bozeman, Gallatin County, Montana, and located in the Northeast Quarter of Section
35, Township 1 South, Range 5 East of P.M.M., Gallatin County, Montana.
The easement is more particularly shown and dimensioned on the attached Exhibit A, which by
this reference is made a part of this document.
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, manholes, 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 sanitary 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 �6 day of Ad / 52020.,�
GRANTOR: Auto Xtreme, Inc., a Texas Corporation
By: P to . Lyon, President
STATE OF TEXAS )
) ss.
County of L02-& IU )
This instrument was signed or acknowledged before me this,2k-6Ldday of ,
2020, by Payton T. Lyon as President of Auto Xtreme, Inc., a Texas Corporation.
(SEAL) NOLA�����i
Notary Public fo%the State of Texas • �otPRY PVe'o
Printed Name: 4-wfA. 9de4l] 71,
Residing at 1$Gy6i tBJ �!"Pc'��y, 5���-�, 757SZ)
N9r P My Commission Expires �
6� l_L/20 a F O TES'
588955°'
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DATED this day of�S � , 94 .
ACCEPTED - CITY OF BOZEMAN
By: , its City Manager
ATTEST:
d
By: , its City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this day of , before me, a N.Qtary Public for the
State of Montana, personally appeared and ,
known to me to be the City Manager and City Clerk, respectively, of 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.
HEATHER BIENVENUE
orARi .FZ Notary Public
z.N _q� m for the State of Montana
Notary Public f the State Montana =`�9 at-
SEAL ��, Bozeman, Montana
�a�-�,�r ��j��/ JOFpAO�e' MYCommissionExpires:
Printed Name: �' January 26,2022
Residing at
My Commission Expires / /20
\\Missouri\Officedata\C&H\19\190179\Easement Documents\30 Ft.Wide Public Utility Easement(Sewer).Doc
EXHIBIT A
PUBLIC UTILITY EASEMENT
LOT 5A, AMENDED PLAT OF LOTS 5 AND 6, GALLATIN CENTER
SUBDIVISION P.U.D. PH. 1,
LOCATED IN THE NE 114, SECTION 35, T. 1 S., R. 6 E. OF P.M.M.,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
LOT 2, \
MINOR SUBDIVISION 21 0 /
UNLIMITED VENTURES LLC
DOC. NO. 2227362
/ ���� .��0� C jx
P
o R=180.00 • //
12'39'16" //
s
42.86 327'14'34"
[N32'45'26"W]
L=54.13
/ FORMER LOT 5 \ R=1024.93
/ 3'01 '33"
/ L=22.97
R=1024.93
/ 19.14 043'27'08" 1'17'03"
--- [N 43-27'08"E]
15.36 358'27'08" \
00 [N1'32'52"W] \ \
u 0404 \
04 1
CV \/� O AG 7JS,SR6� \� 76
\ t \ ++
LOT 5A \ '' \�,. / �,,o
, . 6�9 �9s� - \
' `\ ,'�118703 Sq. Ft V 0
J 2.7250 Acres R6 3� � 9S O Off'
061,
0
OG
g 30.00 045'10'06"
CD [N45'10'06"E]
r
FORMER LOT 6 16. �0,`L
\tih LOT 4
:2 / / �/ GALLATIN CENTER L.P.
DOC. NO. 2415678
o / / / ��P�E OF MONTg41
MARK A. o
oo 7 ">� CHANDLER
0) 76 L N0. 9518ES
�'co // �; �� Cl)
F���NEER PN�
25.0' UTILITY
EASEMENT �
PER PLAT0,
/
-L \
•70.12 271'14 06
[N88'45'54"W]
BURKE STREET o L=56.02 R 262-�57 12.13'30"
L_EG E N D Scale In Feet
50 0 50
PROPERTY BOUNDARY LINE
r — — — SURROUNDING PROPERTY LINE
15 0 15
EASEMENT LINE Scale In Meters
Engineering and Surveying Inc.
1091 Stoneridge Drive•Bozeman, MT 59718
Phone(406)587-1115•Fax(406)587-9768
www.chengineers.com•info@chengineers.com Sheet I of 1 #190179