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Home My WebLink About25 - Easement Type Unknown - Bozeman Haus LLC - Gran Cielo Subdivision Phase 2, Block 15 Lot 8 2846018 Page: 1 of 4 03/07f2025 12:20:53 PM Fee: $32.00 Eric Semerad - Gallatin County, MT MISC �� 1111111'111111y III 111111111111111111 Inter-office Original to: City of Bozeman Department of Community Development P.O.Box 1230 Bozeman,MT 59771 SANITARY SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Bozeman Haus LLC,the GRANTOR,in consideration of One Dollar 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 approximately 336 LF(sewer)pipeline with the usual services,valves,connections,accessories and appurtenances for the purpose of transmitting sanitary sewer in,through,and across a strip of land situated in Gallatin County,Montana,to be located on the following described real property: Lot 8 of Block 15,Gran Cielo Subdivision Ph.lI situated in Section 23,Township 02 South,Range 05 East, P.M.M.City of Bozeman,Gallatin County Montana. The easement is more particularly shown on the attached PUBLIC SANITARY SEWER PIPELINE AND ACCESS EASEMENT EXHIBIT A which by this reference is 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 tills 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 Sewer pipeline,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 Gran Cielo Subdivision 1,Block 15,Lot S Sanitary Sewer Pipeline&Access Easement Pagel of 3 2846018 Page 2 of 4 03/07/2025 12.20.53 PM 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 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 4t day of 041k(k►ARY 20 2J . GRAN PR ^ , By: its: STATE OF MONTANA ) ):ss County of Gallatin ) On this Z2 day of .7-t&KL"q Nor ,20ZJ" before me the undersigned,a Notary Public for the State of Montana,personally appeared_ � A'14-121,4u-41 ,known to me to be�'%AiUlGta IL, All f_6 2p-IAa ({�l0,-U and the person whose name is subscribed to the within i trument and agknowledged to me that he executed the within instrument for and on behalf of b-iro4`4w b{O C-CC-- IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. G CHRIS BUDESKI�! ,•'ZP�S Bu�Fs Notary Public Notary Public for the State of Montana =V NOTngrq� folf�lblate of Montana _ (Printed Name) Residing at: * SEAL r> Bozeman, Montana Residing at or P4 = 9j •. ��P�' My Commission Expires: My Commission expires ku, ice, Z Ul 7 <,OF•M November 26, 2027 ,l Gran Cielo Subdivision 1,Block 15,Lot S Sanitary Sewer Pipeline&Access Easement Page 2 of 3 2846018 Page 3 of 4 03/07/2025 12.20.53 PM ACCEPTED: . CITI B ZEM�vJL` `'— ,City Manager — ATTEST: 41 City Clerk c�•M4?i3't�.i�; STATE OF MONTANA ) =-- )ss. County of Gallatin m ) On this , day of ,20 before me a Notary Public for the State of Montana,personally appeared C haA.Glt-0 r 4 and#.v Vi- MLtG , known to me to be the City Manager and Deputy 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 first above written. Huiyj;,, JULIE HUNTER N tat P Tlic for the State of Montana )J•'' �, Notary Public y T 1 l�M� _ TARIA� �r the State of Montana � U Ite"�4�t * *` Residing at: (Printed Nam .SEAL .-y Bozeman, Montana Residing at %9 .�oQ?'Zl My Commission Expires: My Commission expires. f (., ,' L� /2025 June 11,2025 Gran Cielo Subdivision 1,Block 15,tot R Sanitary Sewer Pipeline&Access Easement Pagc 3 of 3 2846018 Page 4 of 4 03/07/2025 12.20.53 PM EASEMENT EXHIBIT "A" A PUBLIC SANITARY SEWER PIPELINE AND ACCESS EASEMENT ACROSS LOT 8, BLOCK 15; GRAN CIELO SUBDIVISION PHASE II LOCATED IN THE SE1/4NW1/4 OF SECTION 23 TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA SENNETT BOULEVARD 60- R/W 1'NO ACCESS STRIP 45'WIDE PUBLIC S 89'15'48" E 149.82' STREET AND UTILITY EASEMENT • 0 66.47' 30.00' 53.35' • PER DOC.#2287378 10,� , . — , . — . , �101, L0 N p N w Q W Z Lir w0z O N Z U .^ N O w U_F- ' Cy- F— MOcn zZ�� w W N U w F W J w M >- 0 O t O 0 < 10, C4 U)u_ \ • Q 0 0 u' � m� a oco pao ) w o�Q � W zj � 0 � v � a � z a o, aoo z C cn ~ 2 ww z ao r N a ("4Z 1, O co OD S 79'14'57"W L= 199.39' 30.00 R =345.00' D = 33°06'51" C.B. = S 15`05'55"E LEGEND C = 196.63' Property Boundary Line \• — Existing Utility Easement S — Easement Boundary �yo l:? Calculated Easement Corner I L> Found 2"Alpine Alum.Cap • 10' S 88°42'01" E S 88°42'01" E 160.00' • 83.61, • ALLEY 30' R/W \