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Home My WebLink AboutSewer & Water Pipeline and Access Easment - Recorded 10-02-20 Return to: [PLATTED Chris G Budeski Technology Blvd Suite 2702994 Suite 203 Bozeman M'1'39718 Eric Semerad - GallatlnOCountr27MT9 PM Fee MISC 00 111111111111111111111111111111111111111111111111111111 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Bozeman Boulder I,LC. 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 209 if (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 PII 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, cormections, 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 I &7 Blk 21 Cattail Creek Sub PI I III Sewer and Water Pipeline&Access Easement Page I ol'.I 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 GRANTE,E. (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 1,9 day of A~S'r , 20 ZQ GRANTOR-Bozeman Boulder I LC By: its: STATE OF MONTANA ) ):ss County of Gallatin ) Oil this d day of / %kir,..(;_S� , 20�belorc me the undersigned, a Notary Public for the State of Montana, personally appeared cj e-jeti !-1r'C-Ic— , known to me to be Dom,y•. of F ,Oac,,,, iYg j.6, <.c.c-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 „Ea IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for PhStat5�,l Montana - _ CH n1 SKI Notary Public tT r ��_A_� .4 =for the State of Montana (Printed Name) r c- Residing at: .;•� ' Bozeman, Montana Residing at /Lf r <y •fit?,'' My Commission Expires: My Commission expires: �/o Z Ste,2 V �,n ,� +,11' November 26,2023 Lots 1 &7 Blk 21 Cattail Creek Sub PH III Sewer and Water Pipeline&Access Easement Page 3 of 4 ACCEPTED: CIT 1., 3O1h by _ Ci f� taer ATTEST: lgtK _ City Clerk STATE OF MONTANA ) )ss. County of Gallatin On this 2 d -day of , 2V_, before mr, a NotarN Public for the State of Montana, personally appeared J)A ,( M�5 and _jl I M I h d I(,V ' 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 da and year first above written. HEATHER BIENVENUE Notary Public t c tart' Pl.blic fort State of Montana t� �1:+a t�to of Montana n f#�'s�dino at: C :�� _LPL Beveman. Montana ( ranted Name) Noy Commission Expires: January 26, 2022 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 O (2i),OL'bL 6 (IN) 69'tL I• — �-;- (W) M ,.69.81.00 S Z OR (8)M zs q[ oo s tuawasee ueulsoped cri L ,8£'60I• M „90,0Zo00 S - o!Ignd aplM '3-:1 0£ c l�— - - - - - - — — 00 o i 0 cM J ,6£'6L 3 ,,90,1Zo00 N c. 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