HomeMy WebLinkAboutPublic Utility Easement (Storm) 07-22-2020Return to: Bozeman City Clerk P.O. Bo 1231
Bozeman, MT 59771-1231
PUBLIC UTILITY AND ACCESS EASEMENT AND AGREEMENT
AAJKER CREEK PROPERTIES, LLC, a Montana limited liability company, with a mailing
address of 4700 Gooch Hill Road, Bozeman, MT 59718-9027, the GRANTOR(S), in
consideration of $1.00 and other good and valuable consideration, receipt of which is
acknowledged, grant(s) to NORTON PROPERTIES, LLC, an Oregon limited liability company,
with a mailing address of 63026 NE Lower Meadows Drive, Suite 200, Bend, OR 97701-5877,
GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain
stormwater pipelines with the usual services, valves, connections, accessories and appurtenances
for the purpose of transmitting stormwater in, through and across a strip of land situated in
Gallatin County, Montana, 25 feet wide and 80 feet long to be located on the following described
real property:
A strip of land 25 feet in width and 80 feet in length off the north end of SW 1/4, NW 1/4 of Section 9, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana.
(Deed Reference Book 124, Page 398, and Doc. No. 2411374).
The easement is more particularly shown and dimensioned 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, 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 storm sewer pipeline(s), 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 ______ day of _____________________, 201 .
AAJKER CREEK PROPERTIES, LLC, a Montana limited liability company
______________________________________ By: __________________, its _______________
STATE OF MONTANA ) ):ss County of Gallatin ) This instrument was signed or acknowledged before me this _ day of __ ,
201 , by __________________ as __________________ of AAJKER CREEK PROPERTIES, LLC, a Montana limited liability company. (SEAL) Notary Public for the State of Montana
Printed Name: ________________________ Residing at My Commission Expires / /20
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