HomeMy WebLinkAbout21- Sewer & Water Pipeline & Access Easement & Agreement - Swissdetail Return Document to qkE�o
Bozeman City Clerk
P.O.Box 123 D
Bozeman,MT 59717-1231
2733339
Page: 1 of 4 05/12/2021 12:57:25 PM Fee: $28.00
Eric Semerad - Gallatin County, MT MISC
11111111111111 I I 11111111111 1111111 IN 1111 HE 11111111111111111111111111111111111111111
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Swissdetail Inc., of 3004 N. 27th Avenue, Bozeman, MT 59718, the GRANTOR, in
consideration of $1.00 and other good and valuable consideration, receipt of which is hereby
acknowledged, grant(s)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 easement to lay, construct and maintain sanitary sewer pipelines and
water mains 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, 30 feet wide to be located on the following described real property:
Lot 3, Block 4, Cattail Creek Subdivision Phase 1, [Plat J-340], located in the Northwest
Quarter of Section 35, Township 1 South, Range 5 East of P.M.M., Gallatin County,
Montana.
The easement is more particularly shown and dimensioned on the attached Exhibit A
which by this reference is made a part of this document.
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 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 sanitary sewer pipelines and
water mains, 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 an easement on 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 2021.
SWTSSDETATL TNC.,a Montana Corporation
By:
Gr r Spoelder,President
STATE OF MONTANA )
):ss
County of Gallatin )
This instrument was signed or acknowledged before me this zy day of G2 ,
2021,by Gregor Spoelder as President of Swissdetail Inc.,a Montana corporation.
(SEAL)
P SHON-f:
Notary Public for the State Montana oTARJ Notary of F'
for the State of
Printed Name:
Residing -
Residing at l—0-2-6 Vtl�yl ; :�s•SEAL• Q` Bozeman, ,
My Commission Expires 2.2 /20_ZL OF'MoP'` My Commissier,
,.,` February 2
ACCEPTED: CITY OF BOZEMAN
7gj4u- —
J fffiellch,City Manager
AT ST:
By:Mike Maas,City Clerk
STATE OF MONTANA
)ss. CO. Mo��
County of Gallatin )
On this day of 2021,before me,a Notary Public for the State
of Montana, personally appeared JE F 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.
(SEA ) a'eiF HEATHER BIENVENUE
01
NL�c' Notary Public
(/ 46 'N0TARi��2c=for the Siate of Montane.
otary Public for the fate of Montana at:
Printed Name: P�SEAL,.�4 E3ozeman, Montana
Residing at `' OF MO P` My Commission Ex?Ires:
My Commission Expires _/ /20_ January 26,20_'�
EXHIBIT A
lv 30' WATER & SANITARY SEWER EASEMENT WITHIN LOT 3, BLOCK 4, CATTAIL CREEK SUBDIVISION
LOCATED IN THE NW 114, SECTION 35, T. 1 S., R. 5 E. OF P.M.M.,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
LOT 2 I �
LOT 2
- 400.00 271.28'02" LOT 9
12' UTILITY GALLATIN CENTER
EASEMENT PER I C� N [N88'31'S8"WJ SUB. PH. 2
PLAT J-340 �\ O tpOW 0 30.00 271'28'02"
Scale In Feet I VGREEK S1 LOT 3
-�l pffi- RASE 62.24 181'28'02" 20' UTILITY
60 0 60 GP P
[S1°28'02"W]---�� EASEMENT PER
PLAT J-340
18 0 18 10.00 271.28'02"
ON I [N88'31'58"W]
Scale In Meters LOT 3 I � _—
N
20.00 181'28'02"
�J op I [S1'28'02'W] I N I Co w
OF MONT K 1 N � w 0 cv
P o
`� q B��Gca 10.00 091°28'02" N I"o I o 00 LOT 9 . 1
�� MARK A. o GpS�P�LN p ASE [S88°31'58"E] I I oc 00 MI cv GALLATIN CENTER
o r �J\S�� 00
w c.� I N N r� I N z SUB. P.U.D PH. 2
m CHANDLER SVBD� O - N z
No. 95.18ES �j Z WATER AND SANITARY N I o`- N
E Zv i �� I W` I SEWER EASEMENT in � I N
5 Q / u�I
FNG NE ER PN� 282.00 271'28'02" — —
AREA OF EASEMENT = 15514 Sq. Ft. N n �gg•31'S8 El
CV S88'31'58"E]
224.06 091'28'02" 19.23 181'14'10" y r
94 091'28'02"
Z 224.14 S1'14'10"W1 30.00
� 400.00 091'28'02"
LOT 12-A
W���
C; 19.23 [S88°31 '58"E] 19.23 001'14'10" GALLATIN CENTER
65 LOT [N1°14'10"E] I I I SUB. P.U.D PH. 4
Ec��
Engineering and Surveying Inc.
1091 Stoneridge Drive•Bozeman,MT 59718
Phone(406)587-1115•Fax(406)587-9768
www.chengineers.com•info@chengineers.com #200203
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