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Home My WebLink About22 - Easement Type Unknown - BUFFALO RUN BOZEMAN LLC - Homestead at Buffalo Run Property After recordin tum to: Banal(R zeman LLC 2788152 5400 F er L1n Boz MT59718 Page S1 of 5 - G10/05/2022llatin 05Y15:11 PM Fee-, MTM$40.00 EricReturn to: I lllllll fdll 111 l 1111111l Illll IN 111111111111111111111111111111111111111 City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT BUFFALO RUN BOZEMAN LLC,the GRANTOR(S), in consideration of One Dollar($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s)to The Ci1y of Bowman.a municipal co oration of the State of Montana with offices at 121 North Rouse Avenue Bozeman Montana 59715,GRANTEE, its successors and assigns,a perpetual easement to lay, construct and maintain 740 LF (water)pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting potable 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: Water Pipeline and Access Easement and Agreement all within the Homestead at Buffalo Run Property. Situated in the N 1/2 SW 1/4 SWI/4 of Section 23, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman Gallatin County.Montana. The easement is more particularly described on the attached Exhibit(s)D 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 find reasonably necessary; and 2788152 Page 2 of 5 10/05/2022 03:15:11 PM (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 740 LF 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 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, 2788152 Page 3 of 5 10/05/2022 03.15.11 PM administrators, personal representatives, successors and assigns of the parties hereto. DATED this 12-�� day of L ,20 Z2- GRANTOR: BUFFALO RUN BOZEMAN LLC By: 1vIk�1+�y�I� STATE OF MONTANA ) ):ss County of Gallatin ) On this_ W- day of 5uA , 20_4_Z_, before me the undersigned, a Notary Public for the State of Montana,personally appeared �- �_ is rip ,known to �3uf�s-tv Rw� me to bea of �,�� 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 6tk4tj o 3ozc.►zu•, ,ter IN WITNESS WHEREON, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. CYNTHIA M EDGMOND Notary Public =, •NOTaa��<-� for the State of Montana Residing at: (SEAL) ,�9 SEAL,=r; Bozeman, Montana -•, P My Commission Expires: December a,524 Notary Public for the State of Montana (Printed Name) Residing at XjgMa;,0 WET My Commission expires tarex��- /o_/20 44 2788152 Page 4 of 5 10/05/2022 03:15:11 PM ACCEPTED: CITY OF BOZEMAN b A ka— EST- City rk �t9. .188 STATE OF MONTANA ) �rN.c�,.. , )ss. �• County of Gallatin ) On this IvAn day of u4o� , 2QI_ before me, a Notary Public for the State of Montana,personally appeared JEFF MIHELICH =Q— beo the City Manager and City Clerk for the City of Bozeman and trVe s W-w-o 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. (SEAL) �EMu',y , JULIE HUNTER Notary Public No1aA,gE. >,for the State of Montana - —— = Residing at: Bozeman, Montana My Commission Expires: June 11,2025 Notary Pu111bl- for the a of mcPtsa IA 4,1eR (Prim ed ame) Residing at Bozeman,Montana f My Commission Expires: C2^/ l( /20�� 2788152 Page 5 of 5 10/05/2022 03.15.11 PM N:W75%D05-B&Ifafo Run•SM Plan 7SM Ea•on*M Exhbd.dwg o�m CA) °O�T1 O o ;p - n� c� AE:m o� Ncn Nod a a � ;, � V jl't V C/] U) O n m---i -n �z �. z wiz p �O C G) cn' o NO°06'25"W 665.51' 0 FOWLER LANE (60') z Z TO FOOT PUBLIC STREET AND UTILITY EASEMENT DOC.#2731321 — — — — (n 0 0 _T � cn Z Z N Z () � cn Z00 ^ 'n lbcn N o c A3 aD 00 Qo � m3 D o D t1 o m m V �'7o ID 3 m CD m � " a Ci a� _ c 9 r N O co � � � �tmmSm 5r cn � = = rn �i � =► � m g z r. oA QN � co cU� � oo � -1 C0-a =a -4 oZ ID m (D CL M W - o W �I 7 yZ OG .� moom _ fa o 03 mom m CA^2 m m o o = KL m o 9 6f S ID O ID a ? 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