HomeMy WebLinkAbout036-Final Easement Water and Sewer SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Dixson and CompanyInc..the GRANTOR(S), inconsideration of $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
sewer and water pipelines 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 4A and Lot 4B of Amended Plat of Lot 4 Block 12
Cattail Creek Subdivision Phases 2A and 2B ("Lot 4A and Lot 4B"). The foregoing scope of
the easement shall not be expanded without the express written consent of GRANTOR.
The location of the easement is more particularly described and depicted on the attached
Exhibit X-1 which by this reference is made a part hereof. The location and dimensions of the
easement shall not be increased nor relocated without the express written consent of
GRANTOR.
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) Trum,remove, destroy, or otherwise control any trees and brush inside or immediately
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.
GRANTOR expressly reserves the following rights over Lot 4A and Lot 4B and the
easement area as depicted on Exhibit A,subject to the foregoing:the right to use the easement as
right-of-way for unpaved access or trails,planting of vegetation and landscaping, except trees
and installation of irrigation, lighting,signs, and fences,and the reservation of all rights to have
utility crossings through the granted easement to or for the benefit of Lot 4A and Lot 4B.
GRANTOR further reserves to GRANTOR, and its successors and assigns,all other
rights arising out of the ownership of Lots 4A and 4B,including,without limitation,the right to
engage in,or permit,or invite others to engage in, all uses of Lot 4A and Lot 4B not otherwise
expressly prohibited and not inconsistent with the terms of this agreement,provided that
GRANTOR shall not take any action or permit any activities which unreasonably interferes with
GRANTEE'S use of the easement in accordance with the terms of this agreement.
THE GRANTEE AGREES:
(1) That,in connection with the construction,operating,patrolling,repairing,
substituting,removing, enlarging,replacing,and maintaining of said water and
sewer
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. In advance of the
construction,operating,patrolling,repairing, substituting,removing, enlarging,
replacing,and maintaining activities related to the easement,the GRANTEE shall
provide advance notice to GRANTOR,its successors and assigns of any of the
foregoing activities to occur in the easement area,which notice shall be in writing and
delivered not less than 3 days before any such activities.
(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) Access is available to the GRANTEE via existing paved subdivision roads at each
end of the easement.
(4) The GRANTORS)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.
(6) GRANTEE shall indemnify and hold GRANTOR harmless from all liabilities,
damages,causes of action, suits,reasonable attorneys fees, costs,losses, and
expenses,to the extent arising from or related to GRANTEE's use of the easement as
set forth herein,including such activities by GRANTEE's agents, contractors and
employees,except those arising from negligent or intentional acts of GRANTOR, its
agents, successors or assigns.
Notwithstanding any terms,provision, conditions, of any other documents to the
contrary,this agreement constitutes the entire agreement among the parties hereto as to the
subject matter hereof, supersedes all previous agreements, arrangements and understandings
between the parties in respect of that subject matter, and the parties do not rely on any statement,
promise, or representation not herein expressed.
The parties have participated jointly in the negotiation and drafting of this agreement. In
the event of ambiguity or if a question of intent or interpretation arises,this agreement shall be
construed as if drafted jointly by the parties and no presumption or burden of proof shall arise
favoring or disfavoring either party by virtue of the authorship of any of the provisions of this
agreement.
If any provision contained herein is found to be invalid,illegal or unenforceable by a
court of competent jurisdiction,the remaining provisions shall nevertheless continue in full force
and effect and be binding on the parties,their successors and assigns,and the parties shall
negotiate in good faith and attempt to agree to another provision(in lieu of the provision held to
be invalid, illegal or unenforceable)that is valid, legal and enforceable and carries out the parties
intentions as closely as possible to effect the original intent and purpose.
Each party shall be responsible for and bear its own attorneys' fees,expert fees and other
costs expended in connection with the execution of this agreement. However, in the event of
future legal action concerning the interpretation or application of this agreement,the prevailing
party in any such action shall be entitled to their reasonable attorneys' fees and costs,including
fees and costs on appeal.
This agreement may not be amended except by a written instrument signed by the
GRANTOR and GRANTEE.
The parties agree that this Agreement shall be governed by,construed and enforced in
accordance with the law of the State of Montana.
DATED this - day of ,20 7 Z-.
i
G Did'
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
CORPORATE
STATE OF MONTANA )
)ss.
County of Gallatin )
On this , ekday of 201L before me the undersigned,a
Notary Public of i f Fe State of Mo personally appeared,
known to me to be the &�!VJZI'd7 of
and the person whose name is subscribed to the within instrument and acknowledged tome that
he executed the within instrument for and on behalf of @ n or
740
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
tart'Public for the State of Montana
Dili iN,ililiJl,JJ,r�J TRACI GILBERTSON
(Printed Name) ��. h','-., Notary Public
Residing in 't,O;ARIA <_for the State of Montana
My Commission Expires C ? 120 *: —_ _ Residing at:
d;.SE a Bozeman, Montana
+,� ? My Commission Expirar.
March 02,2023
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