HomeMy WebLinkAbout22 - Easement Type Unknown - VC Development LLC - Catron Crossing Subdivision, Block 1,Lot 2A ,lAturn to:
2769871
City of Bozeman
Clerk Page: 1 of 4 03/11/2022 U3:34:59 PM Fee: E32.00
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llifllllllllll1i111111 Gallatin
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Box 1230
_ "zeman, MT 59771-1230
STORM DRAIN PIPELINE AND ACCESS EASEMENT AND AGREEMENT
VC Development 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 a
municipal co oration 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 storm drain pipelines with the usual services, valves, connections,
accessories and appurtenances for the purpose of transmitting storm water 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: Lot 2A of Block 1 of Catron.Crossing Subdivision
Situated in the SE '/ of Section 26 Township l South Range 5 East P.M.M. City of Bozeman
Gallatin County. Montana.
The easement is more particularly described on the attached Exhibit, EX A which by this
reference are 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 storm drain
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
2769871 Page 2 of 4 03/1 1/2022 0334:59 PM
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 retrains 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.
(S) 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 r %,C. r , 20 Z Z
GRANTO
2769871 Page 3 of 4 03/11/2022 03-.34-.59 PM
STATE OF MONTANA }
) ss.
County of Gallatin }
On this 154' day of� , 20_1.7-_, before me the undersigned, a
Notary Public for the State of Montana, personally appeared, C) 1,L t _�ape ,�-��,
known to me to be the ; ed of Qf".Uj2nLA4 _e T
and the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the within instrument for and on behalf of Jie_ aelaaAwe 0„14d},, 1 1-t,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
Nota Public for the State of Montana ""M"E4'•�. , CYNTHiA M EDGMOND
ry Notary Public
�� i � '�=� °�'�OTAR14, for the state of Montana
c : -o= Residing at:
(Printed Name) .SEAL.,w Bozeman, Montana
- -vj .. � MY Corimmission Expires:
Residing in 2)DZf.M4L^ jLAT OF December 8, 2024
„
My Commission Expires i o? 1 0 120q
ACCEPTED:
0 Bpi , CI B
V:• = , City Nynavl
ATTEST:
City Clerk
STATE OF MONTANA )
) ss.
County of Gallatin )
On this _11 day of Ma rol , 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.
(S }
E� Q
k TAYLOR CHAMBERS
c<`'; Notary Public
�;pcn for the Stata of Montana
tary ublic orthe State of Montana *= Residing at:
a YS �; Bozeman, Montana
P?�` MY Commission Expires:
(Printed Name) � January i 2, 2025
Residing at Bozeman, Montana
My Commission Expires:l? t /_jL--/20 2�
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