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HomeMy WebLinkAbout7 - Water Conveyance Easement - CombinedRETURN RECORDED DEED TO: Bozeman City Clerk PO Box 1230 Bozeman, Mt 59771-1230 WATER CONVEYANCE EASEMENT Catron Creek, LLC, a Montana limited liability company, with a mailing address of PO Box 6507, Bozeman, MT 59771, the GRANTOR, in consideration of one dollar and other good and valuable consideration, receipt of which is acknowledged, does hereby grant to the City of Bozeman, a Municipal Corporation of the State of Montana with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, the GRANTEE, its successors and assigns, perpetual easements to lay, construct and maintain Storm Drainage Facilities with the usual services, valves, cones, accessories and appurtenances for the purpose of transmitting Storm Water in through and across portions of the following described property situated in the City of Bozeman, Gallatin County, Montana: Tracts of land being the parcel shown per Film 24, Page 425, and the parcel conveyed on Film 24, Page 426 located in the SE ¼ of Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County, MT The easements are more particularly described and dimensioned on the attached Water Conveyance Easement Exhibit which by this reference is made a part hereof. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns their agents and employees, to access always 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 routes and locations of the easements and the pipelines and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain impoundments, pipelines, services, connections, accessories, and appurtenances. (2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the boundaries of said 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 said Storm Water Drainage facilities. (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 Strom Pipeline Easements, 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 topsoil for replacement over 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 settlement has taken place. THE GRANTOR 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 warrants that they are lawful seized and possessed of the real property above, that they have a lawful right to convey the property, or any part of it, and that they will forever defend the title of this property against the claims or all persons. (5) The GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. 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 _________________, 20___. GRANTOR, Catron Creek, LLC, a Montana limited liability company. _________________________________________ By: ______________, _________________ STATE OF MONTANA ) :ss County of Gallatin ) This instrument was signed or acknowledged before me on this ____ day of _____________, 20__, by _______________as ________________ of Catron Creek, LLC. a Montana limited liability company. (SEAL) ____________________________________ Notary Public for the State of Montana Printed Name: _______________________ Residing at __________________________ My commission expires________________ Dated this _____ day of _________________, 20___. ACCEPTED – CITY OF BOZEMAN ________________________________________  By: Chuck Winn, its Acting City Manager ATTEST: ________________________________________  By: Mike Maas, its 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 CHUCK WINN and MIKE MAAS, known to me to be the Acting 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. (SEAL) ____________________________________ Notary Public for the State of Montana Printed Name: _______________________ Residing at __________________________ My commission expires________________