The URL can be used to link to this page

Home My WebLink About23 - Easement Type Unknown - DCI Financial Services LLC - Kirk 2nd Subdivision, Lot 2 Block 3 (2) Return to, 2800047 City of Bozeman Page: 1 of 6 04/2812023 12:55.06 PM Fee $48 00 City Clerk Eric Semerad - Gallatin County, MT M1SC PO Box 1230 �� Bozeman, MT 59771-1230 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT DCI Financial Services LLC, Owner of Lot 2, Block 3, Kirk 2"d Subdivision, the GRANTOR(S), in consideration of One Dollar (S 1,00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) to the City of Bozeman, 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 2 Block 3. Kirk 2"`t Subdivision S 12. T02S R05E Plat F-37 The easement is more particularly described on the attached Exhibit 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 2800047 Page 2 of 6 04/28/2023 1 2:55:06 PM 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 and water 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 backfidled 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 2800047 Page 3 of 6 04/28/2023 1 2:55:06 PM 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. DATED this _day of b�eem� G NTOR 2800047 Page 4 of 6 04/28/2023 1 2:55:06 PM CORPORATE STATE OF TEXAS ) ) ss. COUNTY OF WA ) On this day of M *VL , 2011 , before me the undersigned, a Notary Public for the State of Texas, personally appeared,Michael F. Dundon , known to me to be the Managing Member of DO Financial Services LLC 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 DO Financial Services LLC IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Sea] the day and year first above written. `i,,,,ii,, `'qlV P�q,�' IAN CATNCART (SEAL) _�'e •�=Notary Public, State of Texas '•!`i.-'P Comm. Expires 01-13-2027 Notary ID 128486609 n u,„ Notary Public for e State of Texas �hJ3 (Printed Name) Residing in Ml� QNyT-0" XV RU 1W Ftt 6'W, TA �Vv35' My Commission Expires 01 / 13`/20_jj 2800047 Page 5 of 6 04/28/2023 12-.55-.06 PM ACCEPTED: x' CI"I 01" Of =M N er Cj�' , ` ,s � •';� City a p ATTEST: City Clerk Co. Mop' STATE OF MONTANA ) ss. County of Gallatin ) On this, day of a l 202 before me, a Notary Public for the State of Montana, personally appeared EFl-- MIF-IELICI-I 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. JULIE HUNTER Notary Public ovAR"z. :for the State of Montana SEMI = * •*: �osiding ac t `=_u,1 SEA�-.2Q` Ebzaman, Montana My commission Expires: June 11, 2025 otan ublic f r the State,of Montana I`� w (Printed Name) Residing at Bozeman, Mo tana My Commission Expires: 9% /2023 2800047 Page 6 of 6 04/28/2023 1 2.55.06 PM - - ---- — w - W-- EXHIBIT -A W. BEALL STREET l — — — S88'16'48"E • 58816'WE 175.04' — — — �-I"T 4— IT 2 UNIT 3 UNIT 4 \UNAT 5 UNIT 6 I ON O rn N it O SD SD 3 I I � I N88'11'58"WI III I '30.00' �---- I ,. _•�. •�. .'� ..: .,. ... . n � III .•�I� .,` ;•.,, ,�•.:.�'.c;�:�::�"a,-• III ---; ._.==; .,. •I:i A Ili // s i � 1 UNITY• � I ( - UNIT 8 NTAN� I I ef,9 i ,rGARYDCXIGLAS: t FOX i No.48775PF i � NT � 44icENSE° t{V: ��s 1SiONAL��'� LEGEND-EXISTING 40 0 40 SUBJECT PROPERTY BOUNDARY S ll/1LlU�%1/1L/� UTILITY k ACCESS EASEMENT SCALE — FEET PROJECT: 2 30' UTILITY AND ACCESS EASEMENT , Dz FIE No: 2t0i02>OFtwotaS�.vEawmenLa p LOT 2 KIRK 2ND SUB �PATN H IOUT. 0ElM.I l-A W G M G R O U P SURVEYED, ExH 81T-A SEC. 12, T. 02 S., R. 0.5 E. V ..-.. DESIGN: �C BOZEMAN, MONTANA APPROVE: DATE: MAY$022 SHEET QL OF 2L SHUTS