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Home My WebLink About21- Water & Sewer Easement - Headwaters Community Housing Trust, Inc. - Bridger PUD Subdivision J--691 After recording return to: City of Bozeman City Clerk's Office PO Box 1230 Bozeman MT 59771 2742265 Page: 1 of 5 07/21/2021 10:45:46 AM Fee:M$40.00 Eric Semerad - Gallatin County, MT I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII isc PLATTED WATER AND SEWER EASEMENT Headwaters Community Housing Trust, Inc., a Montana nonprofit corporation(the "Grantor"), for good and valuable consideration, hereby grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715 (the "Grantee"), and the Grantee's successors and assigns, a perpetual easement to lay, construct and maintain underground sewer and water pipelines together with the corresponding customary services, valves, connections, accessories and appurtenances relating to those pipelines for the purpose of the underground transmittal of water and sewage in,through, and across strips of land located on the following described real property (that easement, the "Easement"; the following real property, the "Land"): A tract of land being known as the Bridger View P.U.D. Subdivision, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana filed in Book J , Page 691 , records of Gallatin County Montana. J-691 The locations and widths of the strips of Land comprising the Easement areas (those strips of Land,the "Easement Area") are more particularly described and depicted on the official plat of the Bridger View P.U.D. Subdivision on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana filed in Book J , Page 691 , records of Gallatin County Montana(the "Plat") as "Sewer Esmt.", "Water Esmt.", and "Water and Sewer Esmt.". 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 Land to access the Easement Area by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the Grantor and the owners and occupants of the Land 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 Area 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 water and sewage pipelines; (3) Grade the Easement Area 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 deems 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 pipelines, it will repair or replace, at its sole expense, or pay to Grantor 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 topsoil 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 AGREES: (1) At no time will Grantor build, construct, erect or maintain any permanent structure within the Easement Area without the prior written consent of Grantee. (2) At no time will Grantor modify the finished grade of the land over the completed pipeline by removal of existing soil or by placement of fill material within the boundaries of said easement without the prior written consent of Grantee. (3) Grantor 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. (4) Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by Grantor. The terms, covenants and provisions of this instrument shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. (5) That where subject improvements are not located under improved public or private streets or other approved access, a 12-foot wide all-weather access road may be constructed within the easement where at the City of Bozeman's discretion such access is required for operation and maintenance purposes. [signature pages follow] DATED this i��day of aw-1 , 2021. GRANTOR: Headw rs o unity Housing Trust, Inc. By: Name: Its: C.U1fi[ t7tC STATE OF MONTANA ) ss. County of Gallatin ) On this I(c day of , 2021, before me the undersigned, a Notary Public for the State of Montana,personally appeared, AAtc- -,c I �� , known to me to be the�u &L*- D '+z"" of Headwaters Community Housing Trust, Inc., 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 Headwaters Community Housing Trust, Inc. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) $RO ,�' Not Public for the State of Montana o MEAGAN ,lHOTey•; NOTARYPtT$LJCP rr e D ` :SEAL I STATE OFMONTANA at Belgrade,Mon My Commission Fxpires°a OCtobcr 29, )022 (Printed Name Residing in j�Io�cit 0 Wu r My Commission Expires/0 /,27 /20,2� DATED this day of J U ►�� , 2021. GRANTEE: CITY OF BOZEMAN, MONTANA w U- Vb*HEfIdI, City Manage ATTEST: - MIKE MAAS, City Cler STATE OF MONTANA ) ) ss. County of Gallatin ) On this I rdj day of , 2021 , before me, a Notary Public for the State of Montana, personally appeare JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk for the City of Bozeman, respectively, 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. HEATHER BIENVENUE Z �a Notary Public �.' 2 w4.•�oTnRiAt.•m;for the State of�ontana / -s Residing T SEAL.'Q Bozeman, Montana X. oFr1o�`�?` My commission Expires' January 26.2U22 N tary Public for the State of Montana January (Printed Name) Residing at Bozeman, Montana My Commission Expires: _/ /20