HomeMy WebLinkAbout016 EasementExhibit_30FTUtility
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
DCI Financial Services LLC, Owner of Lot 2, Block 3, Kirk 2nd Subdivision, the GRANTOR(S),
in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of
which is acknowledged, grant(s) to the City of Bozeman, GRANTEE, its successors and assigns,
a perpetual easement to lay, construct and maintain sanitary sewer pipelines and water mains
with the usual services, valves, connections, accessories and appurtenances for the purpose of
transmitting sanitary sewer and water 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 2, Block 3, Kirk 2nd Subdivision, S12, T02S, R05E, Plat F-37
The easement is more particularly described on the attached Exhibit A 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 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, 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 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 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 _____________________, 20 .
___________________________________
GRANTOR
INDIVIDUAL
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ____ day of _______________________, 20 , before me the undersigned, a
Notary Public for the State of Montana, personally appeared ________________________,
known to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year above written.
(SEAL)
___________________________________
Notary Public for the State of Montana
__________________________________
(Printed Name)
Residing at
My Commission Expires _____/ /20
CORPORATE
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ____ day of ___________________, 20 , before me the undersigned, a
Notary Public for the State of Montana, personally appeared, __________________________,
known to me to be the ____________________________ of _____________________________
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 _________________________________.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
Notary Public for the State of Montana
___________________________________
(Printed Name)
Residing in
My Commission Expires ______/ /20
ACCEPTED:
_________________________
CITY OF BOZEMAN
By ______________________
City Manager
ATTEST:
_______________________________
City Clerk
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ______ day of ___________________, 20 , 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 first above written.
(SEAL)
______________________________________
Notary Public for the State of Montana
___________________________________
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: / /20
W. BEALL STREET
LEGEND-EXISTING
N
PRELIMINARY
PLOTTED:
SAVED:
5/19/22
5/17/22
WGMGROUP
WWW.WGMGROUP.COM
EXHIBIT -A
LOT 2
KIRK 2ND SUB.
0.719 ACRES