HomeMy WebLinkAbout016.01 - Appendix P.1 - DRAFT Easement SewerReturn Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230
SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Midtown 8th, LLC, GRANTOR (S), in consideration of $ 1.00 and for other and valuable
considerations, receipt of which is hereby acknowledged, grants to The City of Bozeman, a
Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue,
Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual easement to lay,
construct and maintain sewer pipelines with the usual services, maholes, connections, accessories
and appurtenances for the purpose of transmitting sewage in, through, and across a strip of land
situated in Gallatin County, Montana, which is located on the following described property:
Lot 15A of Block 2 of the AMENDED PLAT OF THE SOUTH 35’ OF LOT 12 & ALL
OF LOTS 13 THROUGH 18 IN BLOCK 2, DURSTONS SECOND SUBDIVISION,
being located in the Southeast 1/4 of Section 1, Township 2 South, Range 5 East, Principal
Meridian Montana, City of Bozeman, Gallatin County, Montana.
The easement is more particularly described as “9.00’ PUBLIC SEWER MAIN EASEMENT” on
the AMENDED PLAT OF THE SOUTH 35’ OF LOT 12 & ALL OF LOTS 13 THROUGH 18
IN BLOCK 2, DURSTONS SECOND SUBDIVISION 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 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.
.
GRANTOR:
Midtown 8th, LLC
By: ___________________________________
Printed Name: _____________________________
Title: ___________________________________
STATE OF_____________ )
) ss.
County of ______________ )
On this ____ day of _______________ 20____, before me, the undersigned,
personally appeared ___________________________, whose identity was proved to me on the
basis of satisfactory evidence to be the persons whose name is subscribed to this instrument, and
acknowledged that s/he executed the same in his/her capacity as ________________________ for
and on behalf of Midtown 8th, LLC.
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 _______________
Printed Name: ___________________________
Residing at: ___________________________
My Commission Expires: ____/____/20____
ACCEPTED:
CITY OF BOZEMAN, MONTANA
_______________________________________
City Manager
ATTEST:
________________________________________
City Clerk
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 JEFF MIHELICH and MIKE MAAS,
known to me to be the City Manager and City Clerk for the City of Bozeman, respectively, 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
Residing at Bozeman, Montana
My Commission Expires __________________