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City of Bozeman 11111111111111111111111>tlffllllllllll11111111111IIIIItY. MT
IIIIIIIIIIIIIIIIIIII111I Jill llll "15c
PO Box 1230
Bozeman, MT 59771-1230
STORM PIPELINE AND ACCESS EASEMENT AND AGREEMENT
8FC, LLC , the GRANTOR($), in consideration of
4fI,DO 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
12l North Rouse Avenue. P.O. Box 1230, Bozeman, Montana 59771-1230, 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 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 as Detail I on the Exhibit "A" attached
hereto and by this mention made a part hereof and being more particularly described as follows:
Storm Water Drainage IFacilih, Easement, as shown Exhibit "A"; Detail (1)
Commencing at the Northeast Corner of said Southwest One Quarter of the Northeast One
Quarter of Section 9, also being the Northeast corner of said Section 9; thence Smith 85'13'35"
West, a distance of 698.76 feet to the Point of Beginning, thence North 69°49'30" West a
distance of 30.00 feet, thence South 21°16'29" West, a distance of 26.91 feet, thence South
69°49'07" East, it distance of 30.00 feet, thence North 21°16'29" East, a distance of 26.91 feet to
the Point of Beginning.
Said Storm Water Drainage Facility Easement contains 0.019 acres, more or less.
The described easement is 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"A"; Detail (1) which by
this reference made a part hereof.
Storm Water Drainage Facility Easement, as shown Exhibit "A"; Detail (2)
Commencing at the Southwest Corner of said Lot I of said Norton East Rach Subdivision Phase
6; thence South 02°1 1 '57" West along the east right of way line of Laurel Parkway, said line
also being the west line of said Lot R I A, a distance of 114.43 feet to the Point of Beginning;
thence leaving said right of way line North 88'49' 16" East, a distance of 189.64 feet. thence
North 00°41 '55" West, a distance of 13692 feet, thence North 89°31 '19" East, a distance of
30.00 feet; thence South 00°41 '55" East, a distance of' 166.56 feet; thence South 88'49'16"
West, a distance of'221.16 feet to a point on said cast right of way ]Inc. thence along said east
right of way line North 02°1 1 '57" East, a distance of 30.05 feet to the Point of Beginning.
Said Storm Water Drainage Facility Easement contains 0.25 acres, more or less.
The described easement is subject to and together with all rights of way and easements of record
and / or use or otherwise legally exist.
The casement is more particularly described on the attached Exhlbit "A": Detail (2) which by
this reference made a part hereof.
This grant includes the right of the GRANTEE, its successors, permittees, licensees, and
2800051 Page 2 of 5 04/28/2023 1 2:55:06 PM
assigns their agents and employees, to access always 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
impoundments, pipelines, services, connections, accessories and appurtenances.
(2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the
boundaries of said 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.
(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 casement 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)
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
cxccpt that the surface of backfillcd 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 stricture 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
2800051 Page 3 of 5 04/28/2023 1 2:55:06 PM
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 intemiption 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 17 day of
LANDOWNER
8 N C, L
By:
Title: /Nox--4f1 j
CORPORATE
STATE OF MONTANA )
ss.
County of Gallatin )
On this ji,�'% day of iq:pa1 20 Z3 , before me the undersigned, a
Notary Public for the State of Montana, personal y appeared, %3AAr�Ly—
known to me to be the of C- t_
and the person whose name is sub. ribed to the within instrument and acknowledged to me that
he executed the within instrument for and on behalf of g F( . LL
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
"""M E,) CYNTHIA M EDGMOND
(SEAL) s'h� 4s Notary Public
ti.-0OlARfq,'Q'_for the State of Montana
Residing at:
uj.SEAL..�Q;= Bozeman, Montana
Notary Public for the State of Montana 9op
P MY, mission Expires:
" ,,,,,,,,,,,• De.Gember 8, 2024
u n th:c- M.
(Printed Name)
Residing in -13b cG ,. ,
My Commission Expires t Z / 0 .5 /20,c-i
2800051 Page 4 of 5 04/28/2023 1 2:55:06 PM
ACCEPTED: �- ,50Z
{'yam CI OF E
21
�+ * ; By
City0hakliger
ATTEST:
�t��IN883.�1a�iS
co
City 'lcrk
STATE OF MONTANA )
On this day of A , 202 , 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.
6r+uyl•., JULIE HUNTER
�� F9 Notary Public
..,ko7Aa,qj'. for the State of Montana
(SEAL) , : Aesiding at:
i UN SEAL Bozeman, Montana
fumy commission Expires:
June 11,2025
,No Publi for the S to of Montana
e
(Printed Name)
Residing at Bozeman, Mo tana II
My Commission Expires: /�1 /20 ZS
N11U1JUWU1.U1 VrN'y11A1;At)Uyrveyl[/UtNtNI,YtIiAL FJ15CMtN1 t%H•A,WO
2800051 Page 5 of 5 04/28/2023 1 2:55:06 PM
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