HomeMy WebLinkAboutSewer & Water Pipeline Easement - DRAFT 04-20-20 Return to:
Chris G Budeski
895 Technology Blvd
Suite 203
Bozeman MT 59718
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Bozeman Boulder LLC, the GRANTOR(S), in consideration of One Dollar and other good and
valuable consideration, receipt of which is acknowledged, grant(s)to the City of Bozeman,
GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain
approximately 2091f (sewer) and 287 if(water) pipelines with the usual services, valves,
connections, accessories and appurtenances for the purpose of transmitting sewer and water in,
through, and across a strip of land situated in Gallatin County, Montana, to be located on the
following described real property:
Lots 1 & 7, Block 21 of Cattail Creek Subdivision PH III
situated in the Northwest '/4 of Section 35, Township 1 South, Range 5 East, P.M.M. City of
Bozeman, Gallatin County Montana.
The easement is more particularly shown on the attached PUBLIC SEWER AND WATER
PIPELINE AND ACCESS EASEMENT 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
Lots 1 &7 Blk 21 Cattail Creek Sub PH III Sewer and Water Pipeline&Access Easement
Page 1 of 4
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 Sewer& Water pipeline, 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.
Lots 1 &7 Blk 21 Cattail Creek Sub PH III Sewer and Water Pipeline&Access Easement
Page 2 of 4
DATED this day of , 20 .
GRANTOR-Bozeman Boulder LLC
By:
its:
STATE OF MONTANA )
):ss
County of Gallatin )
On this day of , 20_, before me the undersigned, a Notary
Public for the State of Montana, personally appeared , known to
me to be of 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
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
Notary Public for the State of Montana (SEAL)
(Printed Name)
Residing at
My Commission expires:
Lots 1 &7 Blk 21 Cattail Creek Sub PH III Sewer and Water Pipeline&Access Easement
Page 3 of 4
ACCEPTED:
CITY OF BOZEMAN
by
City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this day of , 20_, before me, a Notary 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.
Notary Public for the State of Montana (SEAL)
(Printed Name)
Residing at
My Commission expires — _/20
Lots 1 &7 Blk 21 Cattail Creek Sub PH III Sewer and Water Pipeline&Access Easement
Page 4 of 4
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PROJECT NUMBER t Z ti H LL
MT148.62 MERIDIAN LAND °° J 0
DATE a- U
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04,20,2020 SURVEYING, INC. w � o M
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SCALE P.O. Box 587, Gallatin Gateway, Montana 59730
- 40 Phone (406) 624-6565 Q Q =
=ET1 e-mail: meridiansurveying g?yahoo.com o_