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City of Bozeman Page 1 of 5 04t2812023 42:55:06 PM Fee $40 00
City Clerk Eric Semerad - Gallatin County, MT M1SC
PO Box 1230 1111111111111111111111111111111111lIIIll111111111111IlIlIIIIIl1111111111111111111IN
Bozeman, MT 59771-1230
STORM PIPELINE AND ACCESS EASEMENT AND AGREEMENT
8FC, LLC , the GRANTOR(S), in consideration of
4 I.00 and other good and valuable consideration, receipt of which is acknowledged,
grant(s) to the City of Bozeman, a municipal corporation of the State of Montana, with offices at
121 North Rouse Avenue, P.O. Box 1230, Bozeman; Montana 59771-l 230, GRANTEE, its
successors and assigns, a perpetual easement to lay, construct and maintain Storm Drainage
Facilities 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 the City of
Bozeman, Gallatin County, Montana, located on the following described real property:
Said easement located within Lot R I A and Lot R I B of the Norton East Ranch Subdivision Phase
6 Plat J-694 and recorded as Document No. 2747247 of the records on file in the office of
Recorder, Gallatin County, Montana, located in Southwest One Quarter of Northeast One
Quarter of Section 9, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman,
Gallatin County, Montana, said easement being graphically illustrated on the Exhibit "C"
attached hereto and by this mention made a part hereof and being more particularly described as
follows:
Storm Drainage Easement as shown on Exhibit "C"
Commencing at the Northeast Corner of said Southwest One Quarter of the Northeast One
Quarter of Section 9 also being the Northeast 1/16 corner of said Section; thence South
89°31 '19" West along the north line thereof, said north line also being the north line of said
Norton East Ranch Subdivision Phase 6, a distance of 862.19 feet to the Point of Beginning;
thence leaving said north line South 01°20'42" East, a distance of 465.26 feet; thence North
87°24'24" East, a distance of 20.71 feet; thence South 02°35'36" East, distance of 30.00 feet;
thence South 87°24'24" West, a distance of 20.58 feet; thence South 04°30'25" East, a distance
of 99.34 feet; thence South 88°38'24" West, a distance of 7.27 feet to the beginning of a curve to
the right having a radius of 170.00 feet with a central angle of 9'49'13" and an arc length of
29.14 feet, and being sub-tended by a chord which bears North 86°27'00"West, a chord distance
of 29.10 feet; thence North 01°20'42" West, a distance of 592.42 feet to a point on said north
line of said Southwest One Quarter of the Northeast One Quarter of Section 9; thence North
89°31 '20" East, a distance of30.00 feet to the Point of Beginning.
Storm Drainage Easement contains 0.43 acres, more or less.
Tile described easements are subject to and together with all rights of way and easements of
record and / or use or otherwise legally exist.
The easement is more particularly described on the attached Exhibit "C" which by this reference
made a part hereof.
This grant includes the right of the GRANTEE, its successors, permittees, licensees, and
assigns 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 said Storm Water Drainage facilities and Pedestrian easement.
2800050 Page 2 of 5 04/28/2023 1 2:55:06 PM
(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 Drainage Facilities(s) and
Pedestrian Easement, 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 topsoil 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 casement 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.
2800050 Page 3 of 5 04/28/2023 1 2:55:06 PM
(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 2Z— day of y��.�,/ , 20 .
LANDOWNER
8PC C
Title:
CORPORATE
STATE OF MONTANA )
ss.
County of Gallatin )
On this '�t 2 day of Pt�: , 20 2 3 , before me the undersigned, a
Notary Public for the State of Montana, personally appeared, ?a-E r; bs
known to me to be the Y%nCAA;CK' of $rC e-
and the person whose name is subscrib d to the within instrument and acknowledged to me that
he executed the within instrument for and on behalf of_a t~e-, �—f
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL ) •°° M ""' CYNTHIA M EDGMOND
o -
Notary Public
=�.'0otnRrq(�==for the State of Montana
_._
k. "A ; Residing at:
SI;AI :T; Bozeman, Montana
Notary Public for the State ot Montana ,9 •.. �,. My Commission expires:
OF December 6,2024
(Printed Name)
Residing in vn r
My Commission Expires 2 / ofs /20_Z�l_
2800050 Page 4 of 5 04/28/2023 1 2:55:06 PM
ACCEPTED:
CIT OF Z MA
U y a�� 9 City er
ATTEST:
- -•a _iQ
City Clerk Try 3';0
co. "
STATE OF MONTANA )
) ss.
County of Gallatin )
On this 9 day of , 20 , before me, a Notary Public for
the State of Montana, personally a geared 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.
", Hu"• • JULIE HUNTER
Notary Public
(SEA :'ao1ARlq�. 's for the State of Montana
; ; :*_ Residing at:
;.SEAL.'P- Bozeman, Montana
-9t =' fumy commission Expires:
OF
June 11, 2025
Nota b is for the Late of Montana
�j 1
(Printed Name)
Residing at Bozeman, Mon1ana
My Commission Expires: Lo/ 11 /20 Z�
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