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Home My WebLink About005 Sewer and Water Pipeline Access Easement Return to: City of Bozeman City Clerk's Office PO Box 1230 Bozeman MT 59771-1230 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Joey Development, the GRANTOR(S), in consideration of One Dollar 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 approximately 4041f (sewer) and 6401f(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,to be located on the following described real property: A tract of land in the SW 1/4 of section 35, Township 1 South, Range 5 East, Gallatin County, Montana. M.P.M., City of Bozeman, Gallatin Country, Montana described as follows: Beginning at the South one-quarter(S1/4) corner of Section 35; thence South 8996'00" West on and along the South line of Section 35, a distance 330.52 feet to the true point of beginning: thence South 89'16'00" West on and along the South line distance of 165.26 feet; thence North 0°05'30" West a distance of 527.17 feet; thence North 89°16'00" East a distance of 165.26 feet; thence South 0°05'30" East a distance of 527.17 feet to the true point of beginning. Survey recorded in Film 17,page 1594, records of Gallatin County, Montana. The easement is more particularly shown on the attached EXHIBIT A- PUBLIC SEWER AND WATER PIPELINE AND ACCESS EASEMENT which by this reference is 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. 2775 Baxter Lane Sewer and Water Pipeline&Access Easement Page 1 of 4 THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said Sewer& Water pipeline, 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 A tIt4 L- , 2022. 2775 Baxter Lane Sewer and Water Pipeline&Access Easement Page 2 of 4 GRANTOR—ZOEY DEVELOPMENT By: its: -eiVk r3 e-7-2-- STATE OF d/ o-a-'L',-+C.+- ) �` )ss. County of Cow r4 --W ) On this day of � 2022,before me the undersigned, a Notary Public for the State of Montana,personally ap eared (kl Aia-/ 5. Tl e, known to me to be v f FCA of 7cz,-'( and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. r (Printed Name) C-`'�(�✓ �h0 5 ' BUDESKI % Public Notary Public for the State of r Nc• a V�OTnFI 44. for the State of Montana Residingate Gc A'l� *• --- •*_ Residing at: SEAL a Bozeman, Montana _ M Commission Expires uv Zvi, 1 c' 15 �?,:' My commission Expires: y P Novemter 26,2023 2775 Baxter Lane Sewer and Water Pipeline&Access Easement Page 3 of 4 ACCEPTED: CITY OF BOZEMAN by City Manager ATTEST: City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this day of , 2022, before me, a Notary Public for the State of Montana, personally appeared and 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 first above written. Notary Public for the State of Montana (SEAL) (Printed Name) Residing at My Commission expires / /20 2775 Baxter Lane Sewer and Water Pipeline&Access Easement Page 4 of 4 EXHIBIT $$A" Prepared By- Sewer, Water, and Access Easement Rocky Mountain Engineers,P.LLC. Over & Across that tract of land shown on the Certificate of Survey CM Engineering & Land 8lrveyhig Recorded on Film 17, at Page 1594 1700 West Koch Street, Suite 7 Bozeman, Montana 59715 (406)586-4859 Located in the SW34 Sec. 35, T. 1 S., R. 5 E., P.M.M. Drawing File Name: 1539—Slte.dwg 11/12/2021 City of Bozeman, Gallatin County, Montana R1 NEE WAY I Ike-Gl WATER I ! w CL J CL �7_MAD_JE PRIVATE RC(AD do —I _ — — J I ��P x I Vim) PUBLIC UTILITY EASEMENT)"EmT_lca�* O( QLLI m I z -- J Q 6' 0 0' w 10' UTILITY EASEMENT — —— w o - - - - - - - - !— —32.82 0l�f a COVERED PARKING I m VOA I 7110 I N _ N8 791 150E__ CARPORT o) - - - - — I � so—s —s T CANOPY Cn ti - - — z I S89°16'00'W c� I Uj 78.81' Ix ag I \O'� EnPARKING I I q I UI Scale: 1"= 50' °� Y --- --� o" — J 0 25 50 I ° 1. " 9 o �, �_ - -- - - - - - - - - - - N89°54'40"E I �� N --- - — � 48.45' 'L° LO CV00 LO LO Z� CDO m vo� Z Z �—— — ——— — — S89°54'40"W f o. � G .yS.Py�d w n 8.45' jQ ti � I 4 a Va l Ia. I Q �O� ti� I MI _ — — — ———— — + SEWER,WATER, AND °;I I I I I Uj �O� ?� ACCESS EASEMENT " Y i a f 4 " a I ZFj I Z I W I Q O� h o "o RAY H. CENTER ` 7n 5653 ES rr�f1 6 �I I rrf� /CENSFO of >E J `FFR`AND`�P ` ——— ——— n o I - CARPORT to ZI I ; CANOPY �.. - - - - - - - - +Z II F IW I UNLESS SIGNED, AND �- — I I I o I DATED THIS IS A— — — — _ PRELIMINARY DRAWING �J co Y a a i f i L \9 _ 1 I O.00' 23.or — — s — S 8916 00' W ! 165.26 BAXTER LANE PERPMAL Y EASE)ENT E 51 W UGHT 51RFET UGNi (1TP.) 1 •) am&-GtjrrQR - - O to f A urn - - - - - - BAXTER LANE _