HomeMy WebLinkAbout22- Sewer and Water Pipeline and Access Easement and Agreement - Rosa Johnson Development - Boulder Creek SubdivisionReturn to:
City of Bozeman
%¶ao 2774186
Bozeman,MT 59771-1230 °°
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Rosa Johnson Development,the GRANTOR(S),in consideration of one dollar and other good
and valuable consideration,receipt of which is acknowledged,grant(s)to City of Bozeman,
GRANTEE,its successors and assigns,a perpetual easement to lay,construct and maintain sewer
and water pipelines with the usual services,valves,connections,accessories and appurtenances
for the purpose of transmitting sewer and water in,through,and across a strip of land situated in
Gallatin County,Montana,(30-32)feet wide to be located on the following described real
property:LEGAL DESCRIPTION FOR A 30 TO 32 FOOT WIDE UTILITY EASEMENT
ACROSS LOTS 1 &2 OF BOULDER CREEK SUBDIVISION P.U.D.,SITUATED IN THE
S½OF SECTION 4,TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN,
CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA
The easement is more particularly described on the attached Exhibit 2 which by this
reference are made a part hereof.
This grant includes the right of the GRANTEE,its successors,permittees,licensees,and
assigns and its and their agents and employees,to enter at alltimes upon the above-described
land by using existing roads or trailsor 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,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 fillsof 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 sewer and water pipeline(s),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 itsoperation.
(2)That,during operations involving excavation,itwill 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.Itwill 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,itwill 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 fillmaterial 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 titleto 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 3|*day of Ana ,20 M .
GRANTÓ6
STATE OF MONTANA )
)ss.
County of Gallatin )
sfOnthis3_j_day of
¼½,20_2_¡_,before me the undersigned,a
Notary Public for the State of Montana,personally appeared,½(+u.Lienn
known to me to be the a uã%%t cc of hn n ocodopmu k
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 ½a 5%en hlogg
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day and year firstabove written.
"Ü3%,,CYNTHIA M EDGMOND
(SEAL)Notary PubHcOTAR/.forthe state of Montana
SEAL *
soze n ana
Notary Pdlic for the State of Montana
'
°D°e°m
(Printed Name)
Residingin domma.n W\T
My Commission Expires t 7 //20 2±(
ACCEPTED:
.C.O O
anftger
ATTEST:
City Clerk c
STATE OF MONTANA )
)ss.
County of Gallatin )
On this 2 1 day of 9 ,2 022,before me,a Notary Public for the
State of Montana,personally appeared JEFF MIHELICH and MIKE MAAS,known to me to be
the City Manager and City Clerk for 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 seal on the day
and year firstabove written.
(SE
TAYLOR CHAMBE
Notary P
Notary blic for the State of Montana otA forthe S of Montana
esiding at:
ownan,Metana
My Commission Expires:
(Pri d Name)January 12,2025
Residing at Bozeman,Montana
My Commission Expires:I /I2./20 25
TÄvtoR óHÄM5hff
NotaryPubhc
.forthe State of Montana
SEAL *
soze
s n
an una
My commission Expires:
January 12,2025
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EXHIBIT
EX2
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EXHIBIT
"EX2":
LEGAL
DESCRIPTION
FOR
A
STORMWATER
o
'
s
EASEMENT
ACROSS
LOT
2
OF
BOULDER
CREEK
SUBDIVISION
.
P.U.D.,
SITUATED
IN
THE
S½
OF
SECTION
4,
TOWNSHIP
2
SOUTH,
RANGE
5
EAST,
PRINCIPAL
MERIDIAN,
CITY
OF
BOZEMAN,
Cso32
/
GALLATIN
COUNTY,
MONTANA
SURVEYOR'S
CERTIFICATE
I
Kyie1.
Thompson,
Professional
Land
Surveyor,
License
No.
13108LS,
noumno
-_.
eas
r^ns
do
hereby
certify
thatI
conducted
this
easement
survey.
Dated
this
30
day
of
August,
2021
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_
Kyle1.
Thompson,
PLS
m
o
MT
Reg.#
13108LS
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Morrison-Maierie
LEGEND
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PRoPoSEDSTORMEASEMENT
PRoPERTYCoRNER
GRAPHI
SC
E
O
Morrison
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DescaeEx
AeAs
00
BOZEMAN
MONTANA
engineers-
swv.yor.
pi.nners.
scientists
WATER
AND
SEWER
MAIN
EASEMENT
s-.__.
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.
EX
2