HomeMy WebLinkAbout23 - Easement Type Unknown - MITCHELL DEVELOPMENT & INVESTMENTS, LLC - BOZEMAN GATEWAY SUBDIVISION PHASE 5, Lot 1 Return to: 2805659
City of Bozeman E�9c 5emerad - GallatinOCou�ty�5MT9 PM Fee M$SC o0
City Clerk 1111111111111>1111111111111111111111>i1111111111111111111111111111111111111IIN1111
PO Box 1230
Bozeman, MT 59771-1230
2787842
Page: 1 of 4 09/30/2022 12:03:06 Pit Fee: $32.00
Eric Semerad - Gallatin County. MT MISC
11111111111111111 IIII IIIIIII 111111 IIII IIII 111111111 IIIII IIIIIII III IIIII IIIII IIII IIII
WATER PIPELIt\E AtND ACCESS EASUMENT AND AGREEMENT
MlTCI IL;Ll.DL'VGLOI iV11i;\'I'R INVI:S"I'Alls\"I'S.I.L.C.the CiRA\7"OR(S),in
consideration ofone dollar anduther good and valuable consideration,receipt of which is
acknowledged.gram(s)to Cite of Rozeman.GRA\'11::L'.its successors and assigns.a
perpetual casement to lay,construct and maintain water pipelines with the usual services.
valves.connections.accessories and appurtenances Ibr the purpose of transmitting 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:
LI-'.GAL DESCRIPTION FOR A 30 FOOT WIDE: UTILITY I ASI:MI;\'I'ACROSS LOT I
OP BO%I MA\GATEWAY SUBDIVISION PI-IASI 5 SITUATED IN THE NORTHEAST
ONIF'.-QUARTFR OF SE.CTION 15.11S.101:.P.M.M.CITY OF I30LI:MA\'.GALLATIN
COUNITY.MO`TA\A
The casement is more particularly described on the attached I;xhibil n which by this
reference are made a part hereof.
This grant includes the right of the GRANTEE,its successors.permiuces. 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 ofthe
casement 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 casement which may.in the opinion ol'the GRANTEE.interfere or
threaten to interfere with or he hazardous to the construction.operation and maintenance
ofthe pipeline;
(3) Grade the land subject to this casement and extend the cuts and fills ofthis grading into
and on the land adjacent to that which is subject to this easement to the extent GRA\TEI
may find reasonably necessarv:and
(4) Support the pipeline across ravines and water courses with structures which GRA\TET
deems necessary.
2805659 Page 2 of 4 07/21/2023 01 :05:59 PM
fl Ili GRANTEE AGRETS:
(1) 'That, in connection with the constriction,operating,patrolling,repairing,substiuting.
removing.enlarging.replacing.and maintaining of said 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.improvements.and other appurtenances of said
land that may he 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 ofthe topsoil.whichever is less,and
stockpile said top soil fix 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 suf7icicntly to prevent the
formation of'depressions alter final settlement has taken place.
'['III:GRANTOR(S)AGRITS:
(1) At no time will they build,construct.creel or maintain any permanent structure within the
boundaries of'said casement without the prior written consent ofGRA\'TE11::.
(2) At no time will they modify the finished grade ofthe land over the pipeline by removal of
existing soil or by placement of fill material within the boundaries of'said casement
without the prior written consent ofthe GRANTI3Ei.
(3) That where the subject improvements are not located under improved public or private
streets or other provided access.a 12 loot 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 ofthe real
property described above.that they have a lawful right to convey the property.or any part
of it.and that they will torever defend the title to this property against the claims of all
persons.
(5) The GRA\TI'll may peaceably hold and enjoy the rights and privileges herein granted
without ally interruption by the GRANTOR(S).The terms.covenants and provisions of
this casement and agreement shall extend to and he binding upon the heirs.executors.
administrators,personal representatives.successors and assigns of the parties hereto.
2805659 Page 3 of 4 07/21/2023 01 :05:59 PM
DATED this 2q"'dav of
GRANTOR:
latagcr' aor J. t Irtchcll, V
c Winds Vlanagcntcnt,IJ'C of'"\"litcheII
STATE,OF NIONTANA ) Development& Investinenis. I_L.0
)Ss.
COUnty off;al )
On this 2V"day of lytitA 20 22, before me the undersigned. a
Notary Public for the State of,Vlontana.personaliy appeared Thcodore.l. ifitchell y
known to me to be the Manager of Prairic Winds tManagcmcni. I.,I,C
and the person whose name is Subscribed to the within instrument and acknowiedgcd to me that
he executed the within instrument for and on behall'of ,Mi(chell Dcyeiopmcnt R. Investments. L.I.C.
IN WITNESS Wl ll[Z] OF. I have hcrcunto set my hand and affixed my Notarial Scat the
day and year lirst above written.
IS I A 1.) MWDAIMUMN
NOTARY PUBLIC for dw
agaq�� STATE OF MONTANA
Notary Public for the late of vlontana �� '; 1Residins in Great Fells,MaMatta
—AM t� 7'►e► My Commission 1,20 IExpitea
Jt�t:I,zoza
(Printed Name paQ Fall�LJ'
Residing in
NIv Commission Expirq J t U /20 Zd-
f1CCll'']'ED:
CI" h /..I;,
By
.r ;t • agcr
ATTEST: V
li��S
City Clerk
STATI:Of-,NIONTANA )
SS.
Cotrnty ol'Gallatln )
On this 33--day of SP-Ofii' b6K ?D-2 before nte.a Notary Public for the
State o1'1Vlontana.personally appeared Jf::1 F WI-11:1.10-1 and MIKV X,1AAS.known to me to be
the City ri'lanager and City Clerk for the City of 13ozeman and the persons whose names arc
Subscribed to the within instrument,and acknowledged to me that they executed the same for and
on bchall'of the City ol-13o-r_cnian.
IN Wll NFSS W1llilZI:Of. I have hcrcunto Set my hand and affixed my seal on the day
and year first above written.
Jan,
TAYLOR• BF: Notary Public
re for the St tc of. lontana h.� _^te Nfor theState of Montana
SEAL Residing at;
= Bozeman, MongkMA
mc) MY Commission Expplraw
ttcsiding at 13ozcman..Montana
January 12, 2028
fly Commission 1{xpires:�/_� 2 /)0�
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