HomeMy WebLinkAbout20- Sewer and Water Pipeline and Access Easement and Agreement - Last Best Place Properties, LLC Return to: ✓PLATTED
City of Bozeman
City Clerk
Box 2716620
Bozemann,, M MT 59771-1230
Bo
Page: 1 of 5 01/14/2021 04:16:07 PM Fee: $35.00
Eric Semerad - Gallatin County, MT MISC
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SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Last Best Properties,LLC,the GRANTOR(S),in consideration of$1.00 and for other good and
valuable consideration,receipt of which is acknowledged,grant(s)to The City of Bozeman,a
Municipal Corporation of the State of Montana,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
sanitary sewer and water-in,through,and across a strip of land situated in Gallatin County,
Montana,on the following described real property:
Lot 1,Block 5,Southbridge Subdivision,Phase IA,according to the plat therof,on file
and of record in the office of the Clerk and Recorder,Gallatin County,Montana,and
located in the Southeast Quarter of Section 23,Township 2 South,Range 5 East of
P.M.M.,City of Bozeman,Gallatin County,Montana.
The easement is more particularly described on the attached Exhibit A which by this
reference is 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 water and 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.
1
DATED this day of
o
Last Best roperties, C
STATE OF MONTANA )
)ss.
County of Gallatin ) f
On tbis�Zday of Y J ,before me the undersigned,a Notary
Public for the State of Montana,personally appeared,Donald Lucia,known to me to be the
Member of Last Best Properties,LLC 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
Last Best Properties,LLC.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
TAMMY REDPERN
AL)(SE Fi,`
°,t��RED Notary Public
NpTARIq4.y for the State of Montana
N Ibblic or the fona Residing at:
SEAL e Bozeman, Montana
My Commission Expires:
�(Printede November 04 2023� ,,,,,,�������"��'
Residing in `^
My Commission Expires / k / __0 LL_/_ LD Z�
ACCEPTED: �.•�
••.�:.4r it C F Z It
B
ager
ATTEST:
i •1tQ8
City Jerk .O,1►?O."Wi 'l0
STATE OF MONTANA )
)ss.
County of Gallatin )
On this -3V 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 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 seal on the day
and year first above written.
(SEAL)
'
\""v.o�iiy": VICKI POLLINQTON
Public
Notary Public for the State o G j
Montana ,,,
0TARA4 y for theNotary toe of Montana
i
tedName =* -- * Reesiding at:
( ) vj.SEAL.z,� Bozeman, Montana
Residing at E an,Montana 4 P. My Commission Expires:
My Co on Expires: / / September 28,2022
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EXHIBIT A
SEWER&WATER PIPELINE&ACCESS EASEMENT ON LOT 1,BLOCK 5,SOUTHBRIDGE SUBDIVISION,PHASE 1A
LOCATED IN THE SE 1/4,SEC.23,T.2S.,R.5E.OF P.M.M.,CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA
-- — _-
LEGAL DESCRIPTION OF SEWER&WATER PIPELINE &ACCESS EASEMENT -
--- ----
An easement for sewer and water pipeline and access purposes in,through and across Lot 1, Block 5 of Southbridge
_.
Subdivision,Phase 1A,according to the plat therof,on file and of record in the office of the Clerk and Recorder,Gallatin
County,Montana,and located in the Southeast Quarter of Section 23,Township 2 South,Range 5 East of P.M.M.,City
of Bozeman,Gallatin County,Montana. Said easement is described as follows: ° 1y�yI t =f
S 89 2158 E
Commencing at the northwest comer of Lot 1,Block 5,Southbridge Subdivision, Phase 1A; thence South 89°21'58" 5'0 LJ --
---
East,assumed bearing,5.05 feet along the north line of said Lot 1 to the point of beginning of the easement to be ��� S 89021'58" E -
described;thence continuing South 89°21'58"East along said north line;thence South 10°27'34"East 108.30 feet; 5
thence South 89024'51"East 128.68 feet;thence South 00°35'09"West 31.00 feet;thence North 89°24'51"West 154.22 ; % , °�-- 97 PL
feet;thence North 10'27'34"West 133.83 feet,to the point of beginning. __�.-�- -_ A-,
Area=8,232 square feet or 0.189 acres. Subject to existing easements.
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LEGEND } -
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