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Home My WebLink About21- Public Utility Easement and Agreement - Locati - Cattail Creek Subdivision t/ PLATTED RETURN RECORDED DEED TO: 2737598 Bozeman City Clerk Page: 1 of 5 06/14/2021 1042:35 AM Fee $35.00 PO Box 1�' 1.930 Eric Semerad - Gallatin County, M? MISC Bozeman, MT 59771-1231 11111111111111 III��!IIIIII��IIIII PUBLIC UTILITY EASEMENT AND AGREEMENT Elaine S. Locati of 20 Clover View Drive, Helena, MT 59601, the GRANTOR, in consideration of one dollar and other good and valuable consideration, receipt of which is acknowledged, does hereby grant to City of Bozeman, of 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal Corporation of the State of Montana, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain water and sanitary sewer pipelines with the usual services, manholes, connections, accessories and appurtenances for the purpose of transmitting water and sanitary sewer 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 5, Block 11, Cattail Creek Subdivision Phase 2A & 2B, City of Bozeman, 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(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, manholes, 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 sanitary sewer pipelines, 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 DATED this day of -.Jy Vv— , 20� ACCEPTED - CITY OF BOZEMAN By: I"1, i , its C ty Manager �Y OF G :' •: � ATTEST: By: M t MAA:r:, , its City Clerk co.. M0T3� STATE OF MONTANA ) )ss. County of Gallatin ) On this day of , 2 8' , before me, a Notary Public for the State of Montana, personally appeared j and /jam , 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 ear first above written. (SEAL) HEATHER B!ENVENUE Fy Notary Pubic tary Public for the State of Montana =`P 401"R'q4•m ' -_for the state of Montana * * Residing at: N Printed Name: SEAL.-.��, ��, Bozeman, Montana Residing at OF Mo�P'' MY Commission Expires: '" �� January My Commission Expires / /20 1...... 26, 2 022 \\Missouri\Officedata\C&MI9\190179\Easement Documents\30 Ft.Wide Public Utility Easement(Sewer).Doc N EXHIBIT A BEING A PUBLIC UTILITY EASEMENT EXHIBIT ON LOT 5, BLOCK 11, CATTAIL CREEK SUBDIVISION PHASES 2A & 2B AND LOCH TED IN THE SE 114 SECTION 30, T, 2 S., R. 6 E. OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA [S88 32 59 E] 202.55 091'27'01" (R) 8° 60 PROPOSED 30' WIDE Scale In Feet PUBLIC UTILITY EASEMENT o0 50 0 50 [N88'18'41"W] ^ 175.20 271'41'19" — I X W � 15 0 15 :_� Scale In Meters Z w(0 00 o 0 � ,� �- J (0 N ool r� O Q N N u N O 0 175.33 091'41'19" F— —] PROPOSED UTILITY EASEMENT' O LOT 5 [S88'18'41"E] I 00 N Z AREA = 4,696 Sq. Ft. Z,0 32,481 Sq. Ft. W L 0 M 0.7457 Acres I p) u LL t0 I r� OF MONTgNq 12' UTILITY 0 1' NO ACCESS STRIP EASEMENT PER PLAT oMARK A. 80 — PER PLAT — CHANDLER _I so — No. 9518ES 202.34 270-57'57- (R) 4/CE14SF� P�� [N89-02'03-W] `O CATTAIL STREET I Engineering and Surveying Inc. 1091 Stoneridge Drive•Bozeman. MT 59718 Phone(406)587-1115•Fax(406)587-9768 www.chengineers.com•info @chengineers.cam Sheet I of 1 201025(2)