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Home My WebLink About024 Public Sewer Pipeline & Access Easement Agreement 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 MSU QOZB I. LLC,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 j98 LF(sewer)and 7.22 LF(water)pipeline with the usual services,valves, connections,accessories and appurtenances for the purpose of transmitting water and sewer in, through,and across a strip of land situated in Gallatin County,Montana,to be located on the following described real property: Lot 1 &2,Block 1 of Allison Subdivision Phase 4A Located in NE1/4 of Section 24,Township 02 South,Range 05 East P.M.M of City of Bozeman,Gallatin County,Montana The easement is more particularly shown on the attached EXHIBIT A—SANITARY SEWER AND WATERLINE 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. THE GRANTEE AGREES: (1) That,in connection with the construction,operating,patrolling,repairing,substituting, removing,enlarging,replacing,and maintaining of said Water&Sewer 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 The BoStes Sewer Pipeline&Access Easement Page 1 of 3 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 2,,5 day of wl�ed .2023. GRA 'T R— SU )U2'.B I.LLC its: STATE OF. ) )Ss. County of ) �r �t On this.M t day of :Pd?r �„ ,202_-) before me then undersigned,a Notary Public for the State of ,personally appeared known to me to be 084maA fit. of Wt3Lt QQ� 2.R',,, LLC— 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. — — — — — — — ^ NMI#6 ft — A(-�L 1 / llKt1. SHARI VAUGHAN (Printed Name) Notary Public-State of }altp) Notary Public for the State of — Commission Commission Number 20 My Commission Expires Jun 1,2024 Residing at VV\,tAA,. q..Y'L My Commission Expires The Bootes Sewer Pipeline&Access Easement Page 2 of 3 ACCEPTED: CITY OF BOZEMAN by City Manager ATTEST: City Clerk STATE OF MONTANA ) )Ss. County of Gallatin ) On this day of ,202_,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 The Bootes Sewer Pipeline&Access Easement Page 3 of 3 N 0 O N O0 IT O � o � ,se•ese e 00 00 C W ° 1`+y .. II w OJ G . • •®}fir.. N rn V J O ° + L°. 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