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Home My WebLink About14.2 30' Public Utility and Access Easement - Signed RETURN RECORDED DEED TO: Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231 PUBLIC UTILITY AND ACCESS EASEMENT AND AGREEMENT Great Western Investments, LLC, a Montana limited liability company, with a mailing address of 15525 Horse Creek Road Bozeman, MT 59715, 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, 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 and water mains with the usual services, manholes, connections, accessories and appurtenances for the purpose of transmitting sanitary sewer and water 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 1, Block 9, Laurel Glen Subdivision, Phase 1, City of Bozeman, [Plat J-374], located in the South Half of Section 4, T. 2 S., R. 5 E. of P.M.M., City of Bozeman, 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 l - day of vs , 2020. GRANTOR: Great Western Investments, LLC By: M "'VFMONTANA mesley, Manager ST T ) ) ss. County of Gallatin ) Alhis instrument was signed or acknowledged before me this f day of KS;'I-- , 2020, by Morgan Hinesley as Manager of Great Western Investments, LLC, a Montana limited liability company. (SEAL) Notary Public for the Late of Montana SHEILA TINJUM Printed Name: // �G - Notary �,,• �.; ry Public :�oTAR1,44 for the State of Montana Residing at =* —— *_ Resoing at: uj.SEAL. Q; Bozeman, Montana My Commission Expires / /20 P?:` MY Commission Expires: August 03,2023 DATED this S� T day of 52020 ACCEPTED - CITY OF BOZEMAN By: Jeff Mihelich its City Manager ATTEST: By: Mike Maas, its City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this day of , 2020, before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, 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. (SEAL) Notary Public for the State of Montana Printed Name: Residing at My Commission Expires / /20 LEGEND 0affi T A PUBLIC ACCESS AND UTILITY EASEMENT EXHIBIT PROPERTY BOUNDARY LINE FM � FM — SURROUNDING PROPERTY LINE S �� \ FM FM �`�� — — EASEMENT LINE _ M � FM �pCR� —Y--� N saa,�=��R ( PUBLIC ACCESS AND ' 010 — \'� UTILITY EASEMENT U-, g - 0 y 86-39 — 115.97 - - - - - - - - i\ \I I i LEGAL DESCRIPTION :N 'y\\v '� — — — — — — — _ I LOT 4 LOT 1, BLOCK 9 LAUREL GLEN SUBDIVISION PHASE 1 �po�,�a CO �'` h' [SO'00'19"W] 0 �; SEC. 4, T. 2 S., R. 5 E. OF P.M.M., o 0 3 CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA cn�'' �. / 14.34 180'00'19 \I o r� LOT 1� o o � � m I AREA OF PUBLIC ACCESS AND / � 00 `V 'n UTILITY EASEMENT = 12,583 Sq. Ft., 1f �� II 8 .041 Acq.res s 00 °�° ' r 00 0.2889 Ac. 2.0419 Acres o \ I r` Z CO I ro [S89'59'33"E] � �\ I o --4 N 12.50 090'00'27" o 00 249.69 180'00 27" LOT Z [So•oo'z7 w] I N o 3 CD �I INO�•� 0' \S \I\ \ \ \ \� :''�4V CO I N`ZCOO \ PUBLIC'�ASAND UTIA LO Scale In Feet EASEM J I 50 0 50 ` IT I � 276.31 000'00'27' 15 0 15 - LO I [NO'00'27"E] p g� I Scale In Meters 7 3 _ a 0 - LOT 2 EXISTING 12.0' r ; PEOF MONT 9 LO I UTILITY EASEMENT (TYP.) PER PLAT J-374 00 a I H MARK• A. o � - - - - - - - - - - — — — — — — — CHANDLER '_ � - - - - - - - - - - - — w N No. 951$$ES _. o� /13/� 82-32-00aoo'00" NQ QQmOod) — q �CENS� P� FNG/VEER PN� ss,, , ss„e -\ — ss„e -----T—L0sXL—IE—D-RFVff9 ss'.9 ss"I 190065