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Home My WebLink About20- Sewer and Water Pipeline and Access Easement and Agreement - Billings Clinic - Billings Clinic Master Site Plan Project Return City of Lo'zc;,"2n City Clark PO Box -i e230 Bozeman, iVi-, : `30 After Record' ,Return To: 4��:D City of eman 121 ouse Ave. zeman MT 59715 2716628 Page: 1 of 5 01/14/2021 04:16:07 PM Fee:M$35.00 Eric Semerad - Gallatin county, MT 11111111111111 I 11111111111111111111111311111111111111111111111 I 11111111111131111111111 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Billings Clinic, a Montana Nonprofit Corporation, P.O. Box 37000, Billings MT 59107, GRANTOR, in consideration of$1.00 and for other valuable consideration, receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana, 59715, GRANTEE, its successors and assigns, a perpetual non-exclusive utility easement to lay, construct and maintain sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting said services, 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 2A-1 of Minor Subdivision 221F, according to the official plat on file in the office of the clerk and recorder of Gallatin County, Montana, under Document No. 2674267. This easement is more particularly described on the attached Exhibit A, which by this reference is made a part hereof. The easement is not exclusive, and GRANTOR retains the right to utilize the easement area and to grant use rights to others in GRANTOR's sole discretion.Nothing contained herein shall grant easement or other access rights to the general public. 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 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. P:15063_02\Lega1\Swr&Wtr Easement.docx 1 11/25/20 mdb/bc (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 topsoil 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, subject to GRANTOR's right to utilize the easement area and to grant easement and use rights to others to the extent such uses and rights do not unreasonably interfere with GRANTEE's use of the easement as set forth herein. The terms, covenants, and provisions of these easements shall extend to and be binding upon the heirs, executors, administrators,personal representatives, successors, and assigns of the parties hereto. Any person or entity utilizing the rights granted pursuant to this Water& Sewer Easement agrees, by utilizing such rights,to be bound by the terms hereof and agrees to utilize the easement area in accordance with this Water& Sewer Easement. DATED this�day of c , 20-; ? . P:15063_O2\Lega1\Swr&Wtr Easement.docx 2 11/25/20 mdU/Uc GRANTOR: BILLINGS CLINIC, A MONTANA NONPROFIT C O TI N By: Title: b T(e2lJeK ( C �C I l`F'1.�ef�1�� STATE OF MONTANA ) i :ss County of On this day of �)�.', �� '�"' t- , 20."" before me the undersigned, allotary Public for the State of Montana,personally appeared known to me to be the`,'. 1'� ti= s !ti �� , 9 - u of Billings Clinic, a Montana Nonprofit Corporation, and the person whose name Is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Billings Clinic. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEA T Notary P 1 c for the State of Montana `��ry cFc BRITTANY CECIL �aptnRi, r NOTARY PUBLIC for the SEAL ; State of Montane Residing at Billings,Montana My April Commission 2021 Aires P:15063_02\Lega1\Pvt U61 Ensement.docs 3 11/25/20 mdb/bc ACCEPTED: CITY OF BOZEMAN By: "Imager ATTEST: City Clerk C�• �r STATE OF MONTANA ) :ss County of Gallatin ) On this l/I '1 10. day of Jc C� , 202f,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. a Bieti° HEATHER BIENVENU j �� `F'- Notary Public _=Q NpfAgq .tiG=for the State of Montan_. { L) Residing at: JNotary Public for the State of Montana * SEA Qz Bozeman, Montana aFM0,01 My Commission Excli ,,,,,, January 26,2022 P:15063_02\Lega1\Swr&Wtr Easement.docx 4 11/25/20 mdb/bc EXHIBIT 30' WIDE SEWER & WATER PIPELINE & ACCESS EASEMENT AND AGREEMENT WITHIN LOT 2A-1 OF MINOR SUB. 221 F — 11E571All(E IPUAD —S53'7.64' E N90'00'00"E N35'20'36 EE �. S53'39'24"E k 30.00' 54.46' 30.00' ��.p,2•\ — — — — — — N90'00'00"W 276.31' \ R F N90'00.60W 364.637 — 1RICT A-f, QQS tom I S00'00'00"E N90'00'00"W 291.49' 136 26.83' 3 69.6 '20'36"W\\ N000 E 4' \ 30.000'' EXISTING 10' WE 'O UTILTY EASEMENT w w \ o o \ o0 o o \ Z I_—UTILITY EASEMENT O \ EXISTING 30' WIDE COUNTY ROAD EASEMENT LOT?A—f, /NNSi4 SLE! A?11F IIN90'00'00"E NT ANq 30.00' MICHAEL DEAN BERTRAM o \ \ I EXISTING 40' 18972LS WIDE H.P. GAS �� \I UNE EASEMENT �� 7- `I NORTH Michae n be4{ m I I I cN=ec<hazl SCALE:######### D. A. 0209:30'22-0NO' SANDERSONSTEWART19 15063_02_EASEMENT_BASE.DWG 15063.02 10/28/20 MOB