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Home My WebLink About22 - Easement Type Unknown - BOZEMAN HAUS TWO LLC - Tract 1 of Certificate of Survey 2074 (2) After recording retu 15267Boze § Hau o LLC 2788162 15267 vershore Drive L V ouver,WA 98683 page: 1 of 5 10/0512022 03:15:11 PM Fee: $40.00 Eric Semerad - Gallatin County, MT MISC Return to. 1111111111111111111111 PI111111111111111IN11111111111111111111111111111111111111111111 City of Bozeman City Clerk PC Box 1 230 Bozeman, NIT 59771-1230 TEMPORARY WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT BOZEMAN HAUS TWO 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 temporary easement to lay,construct and maintain 14 LF (water)pipelines (7 LF per location)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 until such time when public streets are constructed on the GRANTOR'S property. The Temporary Water Pipeline and Access Easement(s)shall be 20-feet wide and located on the following described real property: Water Pipeline and Access Easement and Agreement in and through the property,Situated in Tract 1 of Certificate of Survey 2074.in the NW 1/4 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)K 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, 2788162 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 14 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, administrators,personal representatives,successors and assigns of the parties hereto. DATED this�day of (:" be 2y' ,20ja 2788162 Page 3 of 5 10/05/2022 03.15.11 PM GRANTOR: BOZEMAN HAUS TWO LCC ( dy Ray P. Akrawi, Manager STATE ORMONTANA, )wus i1 Vt ):ss County of?ea1tatfn Q_1wVlL ) On this.- ay of A 11 A.A 20 V,,before me the undersigned,a Notary WuSh- Public for the State of Montana, ersonally appeared A0 Wk NY-axw\,known to me to be of nd the person whose name is subscribed to the within instrument d acknowledged to me that he executed the within instrument for and on behalf of N1"j &Z_ to-0-)A IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. YLSE REBECA FLORES Notary Public (SEAL)ate of Washin on License Number 2 " 51 My Commissio Expires July 2 24 Notary Public o e to of Montana (Printed Name) Residing at My Commission expires l _I2U 2788162 Page 4 of 5 10/05/2022 03:15:11 PM ACCEPTED: CITY OF BO EMAN by a er t g AIV. City cfed STATE OF MONTANA '= � ss. 83 County of Gallatin } `�� f�$ .•�4� co-• On this day of ,20efore me,a Notary Public far the State of Montana,personally appeared JEFF MIHELICH ar �4{I t n tops o me tp be the City Manager and City Clerk for the City of Bozeman and� gywho �5r1{eE 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 Sea]the day and year first above written. (SEAL) yij JULIE HUNTER )�••''' ,;+ Notary P,bhc X40'SAR1g4. _for the State of Montana ; Residing at: ;„3;.SEAC,.:Q Bozeman, Montana =,9 ..,,. 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