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Home My WebLink About21 - Easement Type Unknown - Village Investment Group, Inc & John W. Murdoch Trust - City Linear Park 1, Parklands at Village Downtown Subdi J-700 Return to: Bozeman City Clerk P.O. Box 123 a Bozeman, MT 59771-1231 PLATTED 2760684 Page: 1 of 6 12/07/2021 01:35:38 PM Fee $48.00 Eric Semerad - Gallatin County, MT MISC 11111111 11111 III 111111111I�11111�11111�1111111 El 111111111�� 1111111 PUBLIC UTILITY AND ACCESS EASEMENT AND AGREEMENT The Village Investment Group, Inc. and John W. Murdoch Revocable Trust, dated April 13, 2011, the GRANTOR(S), in consideration of$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, P.O. Box 1230, Bozeman, Montana 59771-1230, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sanitary sewer pipelines and manholes with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting wastewater 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: City Linear Park 1, The Parklands at Village Downtown Subdivision, according to the plat thereof, on file and of record in the office of the clerk and Recorder, Gallatin County, Montana, located in the Northwest Quarter of Section 8, T. 2 S., R. 6 E. of P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly shown and dimensioned on the attached Exhibit A 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. THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewer and 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 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 , 2021. VILLAGE INVESTMENT GROUP, INC., a Montana corporation By: n c its t�E?,C Sr r✓N T DATED this 25.- day of , 2021. John W. Murdoch Revocable Trust, dated April 13, 2011 By: , its STATE OF MONTANA ) ):ss County of Gallatin ) 40 This instrument was signed or acknowled d before me this '�� day of , 20 , by M(c i-1 u c t ,j,( as of VILLAGE INVESTMENT GROUP, INC., a Montana corpor tion. ( SHEILA LARI�I ' Now Rwo►Ig Notary Public for the State of Mon na x •'*oTAR1,��Z for the State of M,&Ngjt ry �•., pL:*_ Reciding Printed Name: r 4� ��`�fig ; Residing at ' My Commission Expires / /20 STATE OF ) ss. County of ) This instrument was signed or acknowledged before me on this day of 2021, by John W. Murdoch as trustee of the John W. Murdoch Revocable Trust, dated April 13, 2011. (SEAL) Notary Public for the State of Printed Name: Residing at: , My Commission Expires / ,20 administrators,personal representatives, successors and assigns of the parties hereto. DATED this day of , 2021. VILLAGE INVESTMENT GROUP, INC., a Montana corporation By: , its I DATED this �� day of Oc,TOba✓ 2021. John W. Murdoch Revocable Trust, dated April 13, 2011 STATE OF MONTANA ) ):ss County of Gallatin ) This instrument was signed or acknowledged before me this day of , 20 , by as of VILLAGE INVESTMENT GROUP,INC., a Montana corporation. (SEAL) Notary Public for the State of Montana Printed Name: Residing at My Commission Expires _/ /20 STATE OF 14"0,,, ) ) ss. County of CAA ) This instrument was signed or acknowledged before me on this 1.4► - day of 2021, by John W. Murdoch as trustee of the John W. Murdoch Revocable Trust, dated April 13, 2011. (SEAL) Notary Public f e S �O11,✓� „ Printed Name: T.,�,y Residing at:_ La. ;/,, M Commission Ex ires - " >>, TYLER PARLACE ~ Y p� �. / �•� , 20 is a4�'---��,,, Notary Public-State of Nevada County of Clark APPT. NO.21-5346-C1 '''�•��'. My App,Expires Feb,25.2025 DATED this 30" day of VYoytw Ltr 92021 . ACCEPTED - CITY OF BOZEMAN Iihelich, its City Manager ATTEST: `. h� I G.a: I� •�,s� Mike Maas, its City Clerk •.` - _:- STATE OF MONTANA ):ss County of Gallatin �h ) On this &to.day of mwmr , 2021 , before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and 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 seal on the day and year first written above. (SE HEATHER BIENVENUE � `,��.•• . �c ,, Not Public a=�NpTAglq�2m"_for the State of Montana Notary public for the state of Montana = -- Residing at: * SEAL Q= Bozeman, Montana z= Printed Name: P, My Commission Expires: �oF MO January 26,2022 Residing at: My Commission Expires: G:\C&H\17\170090\P1at-FirW\RTC,Easements,And Deeds\Working\Pubhc Utility Easement[SS].Docx F_Xfi W A PARKLANDS AT VILLAGE DOWNTOWN SUBDIVISION PUBLIC UTILITY EASEMENT (SANITARY SEWER) COMMON OPEN\ SPACE A 8,180 SF / \ /�\ 94\ �tx 1 I°� O\ \ LOT 8 8,088 SF ` \ OT 1 LOT 73�' ` 3SF\\ \ 8,088 SF / by LOT-6— O o / 8,023 SF PROPOSED 30' / /r ro SANITARY SEWER oa / r3.o MAIN EASEMENT LOT 7,811 5 SEWER `y EASEMENT / r �o p RELEASED PER M/ O / \ DOCUMENT NO. 2754055 / V 4 7, 3T 5 SF \ \ TRACT D 1 -A MINOR SUBDIVISION 344C SACAJAWEA AUDUBON SOCIETY / LOT 3 Q� �.5 7,517 SF 20.14 .7 43 / LOT 2 7,550 SF 'AA: G N MARK A. s "c; A NCI s � 3T3 Scale In Feet 60 0 60 Engineering and Surveying Inc. 18 0 18 1091 Stoneridge Drive•Bozeman,MT 59718 Scale In Meters Phone(406)587-1115•Fax(406)587-9768 www.chengineers.com•info@chengineers.com Sheet it Of 1 #170090