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Home My WebLink About22 - Easement Type Unknown - BUFFALO RUN BOZEMAN LLC - Homestead at Buffalo Run ;54100 recording r to: lo zelnan LLC 2788160 ler Ln1T18II,MT59718 Page: 1 of 5 10/05/2022 03:15:11 PM Fee: $40.00 Eric Semerad - Gallatin County, MT MISC I illllll IIIIII III IIII 1111111111111 IIII It 11111 IIIII IIIII 111111 III IIIII IIIII IIII IIII Return to. City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 SEWER AND 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 City of Bozeman, a municipal corporation 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 690 LF(sewer) and 811 LF(water)pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water distribution and sewer conveyance 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: Homestead at Buffalo Run, Situated in the N1/2 SW1/4 SW1/4 of Section 23, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin Count Montana. The easement is more particularly described on the attached Exhibit(s) H 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 (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. 2788160 Page 2 of 5 10/05/2022 03,15,11 PM THE GRANTEE AGREES: (1) That, in connection with the construction, operating,patrolling,repairing, substituting, removing,enlarging,replacing,and maintaining of said 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, administrators,personal representatives, successors and assigns of the parties hereto. DATED this day of .'41 ,,20�� 2788160 Page 3 of 5 10/05/2022 03:15:11 PM GRANTOR: BUFFALO RUN BOZEMAN LLC By: MAAP1V-Ar— STATE OF MONTANA ) ):ss County of Gallatin ) On this day of x61 , 20ZL_,before me the undersigned, a Notary Public for the State of Montana,personally appeared i�or.v ►.i:Iutwsr ,known to 3 �f&A.2 u., me to be of 9CM&&"J,_e 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 2,,,,jnuAmaj, l A.t- IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. CYNTHIA M EDGMOND �� Notary Public UV,0TAR111°a=_for the State of Montana * Residing at: (SEAL) ,s.SEAL.- Bozeman, Montana 9 P My Commission Expires: or- December B,2024 Notary Public for the State of Montana (Printed Name) Residing at a0zzncA, , ynk-f My Commission expires Dec.a pqw / y 8 /20 g� 2788160 Page 4 of 5 10/05/2022 03:15:11 PM ACCEPTED: CITY OF BOZEMAN b anager AT City CWrk STATE OF MONTANA � )ss. County of Gallatin ) On this day of ,20before me, a Notary Public for the State of Montana,personal y appeare AFF MIHELICH and S, wn to a to �1 , be the City Manager and City Clerk for the City of Bozeman and th � vho n e ` J'`? 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. JULIE HUNTER (SEAL) �E�Un�rF: NotaryPublic �o7nr,;q4%p =for the State of Montana - -- Residing at: I *,',5 A[.. 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