HomeMy WebLinkAbout22 - Easement Type Unknown - 2times7 Condominium - Cattail Creek Subdivision Phase 1, Lot 4 Block 4 Return Document to
Bozeman City Clerk
P.O.Box AVT t 2-3 O
Bozeman,MT 59717-1231 2772544
Page: 1 of 3 04/08/2022 12 47:12 PM Fee; $24 oo
Eric Semerad - Gallatin County, PIT misc
11111111111111111 I111 111111111111111111111111111111 IN 111111111111111111119 1111
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
2times7 Condominium., of 2946 N. 27" Avenue, Bozeman, MT 59718, the GRANTOR, in
consideration of$1.00 and other good and valuable consideration, receipt of which is hereby
acknowledged,grant(s)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 sanitary sewer pipelines and water
mains with the usual services,valves,connections,accessories and appurtenances for the purpose
of transmitting sanitary sewer and water in,through and across a strip of land situated in Gallatin
County,Montana,30 feet wide to be located on the following described real property:
Lot 4, Block 4, Cattail Creek Subdivision Phase 1, [Plat 7-3401, located in the Northwest
Quarter of Section 35,Township 1 South,Range 5 East of P.M.M.,Gallatin County,Montana.
The easement is more particularly shown and dimensioned on the attached Exhibit A
which by this reference is made a part of this document.
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 Iand
by using existing roads or trails or otherwise by a route causing the least damage and inconvenience
to the GRANTOR 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 sanitary sewer pipelines and water
mains,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 offill material within the boundaries of said easement without
the prior written consent of the GRANTEE.
(3) 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 an easement on the
property,or any part of it,and that they will forever defend the tit]a to this property against
2772544 Page 2 of 3 04/08/2022 1 2-.47-.1 2 PM
the claims of all persons.
(4) 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 mgjrc�' 20a-W.
2times7,a Montana Corporation
By:
X x,1pident
STATE OF MONTANA )
):ss
County of Gallatin )
VA
This i strument was signed or acknowledged before me this ]�F day of
20by x x as President of 2times7,a Montana corporation.
�rulri-vI2�( �md�e.�se�(
(SEAL)
Notary Public for the State of Montana
PrintedName:DER /1(D (� 11�,•Qpiitvy,� D BORAHLYNNHALL
`��. Y� Notary Public
Residing at
o .NpTARIq�•r:for the State of Montana
My Commission Expires /-Z3_/20--7 _*; —— * - Residing at:
u .SEAL.=Q, Bozeman, Montana
M Commission Expires:
ACCEPTED: CITY OF BOZEMAN °"��o ,o�+''' � l�fi�t�t f 1§1§604
By e ihelio ,City anaser&V-'-5
a a�-
By:Mike Maas,City Clerk 'f �"". . ' '
STATE OF MONTANA
)SS.
County of Gallatin }
On this- day of RgrI ,202Z,before me,allotary Public for the State
of Montana,personally appeared JEFF MIHELICH and MIKE MAAS, 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 fi ab ve written.
SEAL) oMp , TAYLOR OHAMBERS
v�P...!ilea; Notary Public
Q oTARrq din for the State of Montana
Notary Pub' for the State of Montana '';`' '. - Residing at:
* Bozeman, Montana
2rS >d SEAL.-y
-Vok toy- t��,m 'v • �. My Commission Expires.
o� January 12,2025
&2eYr+C'n, Mon+Ctna
M Gornmi SS i�n ExP'f? 01 2 10z5
OM0'lIHiHX3-1N3W3SV3-X•-£OZOOZ\S1N3W3SV3 OYO £OZOOZ\OZ\Hvz)\:o M
0
N
O
O
N
LJ
1=:S
o a
C; LLJ
(t zo.gz.IS] 'a
W
.�
10
1
LO Nr
re)
o60
W aim 2
�"� W
V N O 1 O O
wl O M� i Z�Z
OWN M(� s4 X�UO
W Q In Lc-o:)
zJ 1OA
• M \
�V' wJ �
it
�d z a a v { r
_ ZO WMU
d
ALL, f 3cZ oW �a tit
.�O
W2 (62 I z cl2 Hrlm .�
W Q X Z' W p�� .,e
j� z J�� 6.y6��9
(� w] `
� Wo
V
W
Z � q•'C
w
a ••a
Q. i J C m� E
II
o�na m o
W ' m �
�P tw wm o o TAW ` � m
ai -1) E
9 Yoe x L m a�
.� << 0
v = o maim
pROFESS��aP Cog
o ao o Lu a
m r-