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2775 Baxter Lane Sewer and Water Pipeline & Access Easement
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City of Bozeman
City Clerk’s Office
PO Box 1230
Bozeman MT 59771-1230
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Zoey 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 404 lf (sewer) and 640 lf (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 ¼ 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 89°16’00” 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;
2775 Baxter Lane Sewer and Water Pipeline & Access Easement
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(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 & 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.
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(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 , 2021.
GRANTOR - AUSTIN RUHL
By:
its: ___________________________
STATE OF _____________ )
)ss.
County of ______________ )
On this day of , 2021, before me the undersigned, a Notary
Public for the State of Montana, personally appeared , known to
me to be of ___________ 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.
_______________________________________
(Printed Name)
(SEAL) Notary Public for the State of _______________
Residing at _____________________________
My Commission Expires ___________________
2775 Baxter Lane Sewer and Water Pipeline & Access Easement
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ACCEPTED:
__________________________
CITY OF BOZEMAN
by __________________________
City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ________ day of ___________________, 2021, 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