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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 __________________