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Lot 1 Block 16 Baxter Meadows Sub. Ph. 2A 10’ Wide Public Utility Easement
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Chris G Budeski
895 Technology Blvd
Suite 203
Bozeman MT 59718
PUBLIC UTILITY EASEMENT
Third Street Development Inc., GRANTOR, hereby grant unto each and every person, firm or
corporation, whether public or private, providing or offering to provide telephone, electric
power, gas, internet, cable television to the public, the right to the joint use of an easement for
the construction, maintenance, repair and removal of their lines and other facilities in, over,
under, and across a 10’ wide strip of land situated in Gallatin County, Montana, to be located on
the following described real property:
Lot 1 Block 16 of Baxter Meadows Sub. Phase 2A located in the SE One-Quarter of Section
34, Township 1 South, Range 5 East P.M. City of Bozeman, Gallatin County Montana.
The easement is more particularly shown on the attached EXHIBIT A - PUBLIC UTILITY
EASEMENT which by this reference is made a part hereof.
The GRANTOR warrants that it is lawfully seized and possessed of the real property described
above, that it has lawful right to convey the property, or any part of it, and that it will forever
defend the title of the property against the claims of all persons. The GRANTOR further agrees
that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted
without any interruption by the GRANTOR.
THE GRANTEE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said utilities it will repair or replace,
at its sole expense, or pay to GRANTOR the reasonable value of any damages to curbing,
pavement, walkways, landscaping & irrigation, 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
Lot 1 Block 16 Baxter Meadows Sub. Ph. 2A 10’ Wide Public Utility Easement
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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 terms, covenants and provisions of the 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 ___________, 20 .
GRANTOR- Third Street Development Inc.,
_________________________________
By: ______________________________
Its: _______________________________
STATE OF MONTANA )
):ss
County of Gallatin )
On this _______ day of ________________________, 20 , before me the
undersigned, a Notary Public in and for the State of Montana, personally appeared
___________________________, known to me to be the person whose name is subscribed to the
within instrument, and acknowledge to me that he did execute the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
Notary Public for the State of Montana
(Seal)
(Printed Name)
Residing at
My Commission expires / /20