HomeMy WebLinkAbout020-Sewer & Water Pipeline Access Easement SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Summit Properties, LLC , the GRANTOR(S), in consideration 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 water & sewer in, through, and across a strip of land situated in
Gallatin County, Montana, Thirty (30’ ) feet wide to be located on the following described
real property: Block 3, Lot 4 of the Nelson Meadows Subdivision, Plat J-680, located in the
southeast ¼ of Section 22, Township 1 south, Range 5 East, PMM, City of Bozeman, Gallatin
County, Montana.
The easement is more particularly described on the attached Exhibit(s) A which by this
reference are made a part hereof.
This grant includes the right of the GRANTEE, its successors, permittees, licensees, and
assigns 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 water & 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.
(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 __________________, 202__.
LANDOWNER
_________________________________________ Summit Properties, LLC
By: ________________________ Title: Member of Summit Properties, LLC STATE OF ____________ )
:ss COUNTY OF __________ ) On this ________ day of ____________________, 202__, before me, the undersigned, a Notary Public for the State of , personally appeared ____ _________________________, known to me to be the _a member of Summit Properties, LLC__ that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.
(SEAL) _________________________________________ (Printed Name Here)
Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year)
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
GRAPHIC SCALE
1 inch = ft.
0
( IN FEET )
25
50
50
DRAWN BY:
DATE:
Plot Date: 6/13/2023 4:48 PM
H:\1204\003\ACAD\SHEETS\WTR EASE.dwg
REVISION DATE:
PROJECT #:
LOCATION:
EASEMENT EXHIBIT
LOT 4, BLOCK 3
NELSON MEADOWS SUB
JRM
06/2023
1204.003
BOZEMAN
LOT 4,
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A 30-FT PUBLIC WATER & SEWER EASEMENT ACROSS LOT 4, BLOCK
3 OF THE NELSON MEADOWS SUBDIVISION (J-680), LOCATED IN
SOUTHEAST QUARTER OF SECTION 22, T1S, R5E, P.M.M., CITY OF
BOZEMAN, GALLATIN COUNTY, MONTANA
EXHIBIT A
20' P.U.E. PER
SUBDIVISION PLAT
PRINCE LANE - 60' RIGHT OF WAY
PROPOSED 30'
PUBLIC WATER &
SEWER EASEMENT
10' P.U.E. PER
SUBDIVISION PLAT