HomeMy WebLinkAbout22- Sanitary Sewer Pipeline and Access Easement and Agreement - Blackwood Land Fund, LLC - Cottages at Blackwood GrovesReturn Recorded Document To:
Bozeman City Clerk
PO Box 1230
Bozeman,MT 59771-1230
2787836
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SANITARY SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Blackwood Land Fund,LLC,a Delaware limited liability company,with a mailing address of
140 Village Crossing Way,Unit 3B,Bozeman,MT 59715,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,P.O.Box 1230,Bozeman,Montana 59771-1230,GRANTEE,its
successors and assigns,a perpetual easement to lay,construct and maintain sanitary sewer
pipelines with the usual services,manholes,connections,accessories and appurtenances for the
purpose of transmitting sanitary sewer in,through and across 2 strips of land 30 feet wide
situated in Gallatin County,Montana,to be located on the following described real property:
Lot 1 and Lot 2,Block 10,and Lot 1 and Lot 2,Block 11,Blackwood Groves Subdivision,
Phases 1 and 9,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 SW 1/4 of
Section 24 and the NW 1/4 of Section 35,Township 2 South,Range 5 East of P.M.M..
The easements are 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 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 easements and
the pipelines and to:
(1)Construct,operate,patrol,repair,substitute,remove,enlarge,replace,and maintain the
pipelines,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 pipelines;
(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 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 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.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,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 easements without the prior written consent of GRANTEE.
(2)At no time will they modify the finished grade of the land over the pipelines by removal
of existing soil or by placement of fillmaterial within the boundaries of said easements
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 an easement on 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 thish 57 day of ,2022.
GRANTOR:Blackwood Land Fund,LLC,a Delaware limited liabilitycompany
By:Blackwood Management,LLC,a Delaware limited liabilitycompany,itsManager
(_l>Grant ,ManagYn'g Member
STATE OF MONTANA )
)ss.
County of Gallatin )
This instrument was signed or acknowledged before me on this day of ѽM S Y ,
2022,by Grant W.Syth,as Managing Member of Blackwood Management,LLC a Delaware
limited liability company,the Manager of Blackwood Land Fund,LLC,a Delaware limited
liabilitycompany.
(SEAL)
Notary Public for theM of Montana
Printed Name:/
EÑ
Residing at:/°forthe State of Montana
My Commission Expires:///20 *
SEAL *
soze M ana
My Commission Expires:'o,August3,2023
ACCEPTED:
CITY OF BOZEMAN
By:f elich,City Manager
ATTEST:
Mike Maas,City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this 2 2 day of
Epp¥PtnhFr
,202 2 ,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,respectively,of 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 Notarial Seal the day
and year firstabove written.
(SEAL)
Notary ublic for the State of Montana TAYLOR CH ÉÈR5
Printed Name:\M Od)(1#)[)£KF n forthe State of Montana
Residing at rA Tæn
*.SEAI goz,R
s n
an ana
My Commission Expires O_)_/12 /20_26 My commission Expires:
January 12,2025
G:\C&H\21\211217\EasementsAnd Waivers\211217-PublicUtilityEasement.Doc
LEGEND
EXHIBIT
A
PUBUC
ACCESS
&
SANITARY
SEWER
PIPELINE
AND
ACCESS
EASEMENT,
UWM
EASEMENT
LOTS
1
AND
2,
BLOCK
10
AND
LOTS
1
AND
2,
BLOCK
11
-
-
-eooe
oF
eASeuENT
BLACKWOOD
GROVES
SUBDIVSION,
PHASES
1
AND
9
PROPERTY
UNE
LOCATED
IN
THE
SW
1/4
OF
SEC.
24
AND
NW
1/4
OF
SEC.
35,
T.
2
S.,
R.
5
E.
OF
P.M.M.,
AREA
0F
EASEMENT
:
B
O
29°
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CITY
OF
BOZEMAN,
GALLATIN
COUNTY,
MONTANA
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ER
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SF
43,
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43
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60
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MARK
A.
CHANDLER
Engineering
and
Surveying
Inc,
P
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408)
7-
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Fax
408)
587
9788
www.chengineers.cominfo@chengineers.com
Sheet
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of
f
#211217