HomeMy WebLinkAboutPublic Access & Utility Easement 06-28-2021Return Recorded Document To:
Bozeman City Clerk
PO Box 1231
Bozeman, MT 59771-1231
PUBLIC UTILITY EASEMENT AND AGREEMENT
Norton Properties, LLC,a Oregon limited liability company,with a mailing address of 63020
NE Lower Meadow Road, Suite 200, Bend,OR 97791,GRANTOR, in consideration of $ 1.00
and for other and valuable consideration, receipt of which is hereby acknowledged, grants 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 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 on the following described real property:
Lot 1A, Block 14, NORTON EAST RANCH SUBDIVISION, PHASE 4, City of Bozeman,
according to the plat thereof, on file and of record in the office of the Clerk and Recorder,
Gallatin County, Montana, and located in the South 1/2 of Section 9, Township 2 South, Range 5
East of P.M.M..
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 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
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.
GRANTOR:Norton Properties, LLC, an Oregon limited liability company
__________________________________
By:Kevin Spencer, Member
STATE OF OREGON )
) ss.
County of Deschutes )
This instrument was signed or acknowledged before me this ____ day of __________________,
2021,by Kevin Spencer as Member of Norton Properties, LLC, an Oregon limited liability
company.
(SEAL)
____________________________________
Notary Public for the State of Oregon
Printed Name: ________________________
Residing at
My Commission Expires _____//20
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