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City of Bozeman
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City Clerk INIIIIIIIIINllllll4lllllllllflllllll�lfllillllll111111111lIIIIII{111111I11flIIIIIIII M�S�
PO Box i 230
Bozeman, MT 59771-i 230
SANlTARY SE�VER PIPELIVE ACCESS EASEMENT AND ACR�EMEVT
8FC, LLC , the GRANTOR(S), in consideration of
_ ���DD _ and other good and valuable consideration, receipt of which is ackno�vEedged,
grant(s) to the City of Bozeman, a municipal corporation of Ehe State af Montana, with offices at
122 North Rouse Aven�ie, P.O. Box 1230, i3ozeman, Montana 59771-1230, GRANTEE, its
successors aild assig�ls, a perpetual easement to lay, constn�ct and maintain Sanitary Se�+ler
Facilities with the ustial ser��ices, valves, connections, ��ccessories, impouc�dments and
a�purtenances for the �urpose of transmitting sewage i�l and through, and across a strip of land
sittEat�d in the City of Bozen�an, Gallatin Counry, Montana, located on the following described
real property:
Said easement located within Lot R 1 A and Lot R I B of the Norton East Rancl� Subdivision Fhase
6 Plat J-694 and recorded as Document No. ?747247 oFthe recards on �'ile in the office of
Recorder, Gallatin County, Montana, located in Southwest One Quarter of Northeast Qne
Quarter of Sectio�i 9, To«�nship 2 South, Range 5 �ast, Principal Meridian, City of Bozeman,
Gallati�l Couilry, Montana, said easement being grapllically illustrated on the Exllibit "B"
attached hereto and by this mention made a part hereof anci being more particularly described as
follows:
Sanitary Sewcr Facilities Easement, as s}to�vn on Exhibit "B"
Bcginning at the Northeast Corner of Lot 1 of s�iicE Norton East R�nch Subdivision Phase 6;
thence North 89°31 '19" East along the north line of said South«�est One Quarter of Northeast
One Quarter of Section 9, a distance of 322.l6 feet to a point on the south right of way line of
Vaughn Drive, said point being the beginning of a curve to the right having a radius of 170.00
feet a central angle of 0°54'27'' and an arc len�;th of 2.69 feet and being subtended by a chord
which bears South 70°lb'34" East, a chord distance of 2.b9 feer, tllence South 69°49'30" East a
distance of 92.10 feet; thence South 7S°3G20" West a distance of 324.58 feer, thence North
87°48'04" West, a distance of 213.67 feet to a point on the east right oti way line of Laurel
Parkway; thence vorth 02°f l'S7" East along said east right of way line, a distance of 30.00 feet
to the South�vest Corner af said Lot l; thence Soutll 87°48'03" East, a distance of I 20.00 teet to
the Southeast Con�er of said Lot 1; thence South 87°48'03" Last, a distance of 90.09 feet; thence
North 78°36'20'' East, a distance of I 83.49 feet; thence South 89°31'19" West, a distance of
270.16 teet to a poini on the east line of said Lot I ot�the Norton East Ranch 5ubdivision Phase
G; tllence North 00°28'41" West, a distance of 30.00 fieet to t11e Point of Beginning.
Storm Drainage Facilities Easement contains O.SS acres, more or less.
The described easements are subject to and together �vith all rig}�ts of way and easements of
record and / or use or otherti�ise legally exist.
The casement is tnore particularly described o�l thc attached Exhibit "B" ���hich by this reference
made a part hereof.
This �rant includcs thc right of thc GRRNTCE, its successors, pcm�ittCeS, IiCCnsees, and
assigns their agents and empioyees, to acccss �lways upon the abovc-dcscribed land by using
existing roads or trails or othenvise by a routc causing che least damage and inconvenicncc to the
GRANTOR(S) in arder to sun�ey and cstablish thc route and location oFthc casement and thc
pipeline and to:
(l) Construct, operate, �atrol, repair, substicute, removc, cnlargc, replacc, and maintain
impoundments, pipelines, services, cannections, accessories and appurtenances.
(2) Trim, remove, destroy, or otherwise contro! any trees and b�ish inside or outside the
boundaries of saic! easement �vhich n�ay, in tl�e opinion of the GRANTEE, interfere or
._ .
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threaten lo interfere �vith or be ha-r_ardous to thc cor�stn�ction, operation and maintenance
oFsaid Storm Wa►er Drainage facilities.
(3) Grade the land s�ibject �o this easement and extend the cuts and fills of this grading into
and on the land at�jacent to that which is subject to this easement ta the extent GRANTEE
may (ind reasonably necessary; and
(4) Support the pipeline across ravines and water courses �vith structures which GRANTEE
deems necessary.
THE GR�NTEE �GREES:
(I) That, in connection �vit1} the constniction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, a�d maintaining of said Sanitary Sewer Facilities(s), it
will repair or repl�ce, at its sole expense, or pay to GRANTOR(S) the reasonable valt�e of
any damages to gro�ving crops, existing fences, ditches and other a�purtcnances of said
land that may bc disturbed by its operation.
(2) That, du�•ing operations involving exca�ration, it will remove the topsoil from the trenched
area to a depth of one foot, or to the fiill dcpth of t}�c topsoil, whichever is less, and
stock�ile said topsoil for replacement over the trench. It ��ill reEnove from thc site any
large rocks or surplus excavating i��ateriat or any debris tl�at may llave been exposed by
the excavatian and remains after backtilling is completed. And it ��ill leave the tinished
surtace in substantially the same condition as existed p�ior to the beginning ot�operations
cxce�t that the surface ofbacktilled arcas may be mounded sufticiently to prevent the
fonnation of depressions after tina! settlement has taken place.
TI-IE GRANTOR(S} AGREES:
(1} At no time will they build, construct, erect or maintain any permanent structure with'sn the
boundaries of satd easement �vithout the prior���ritten consent of GRANTEE.
(2) At no time will they modify tl�c linished gradc of thc land o��er thc pipeline by removal of
existing soil or by placcment oi�fiil matcrial witiiin the boundaries of said cascmcnt
without thc prior writtcn conscnt of the GRANTEE.
(3) That whcrc the subjcct improvcc��cnts are not located undcr improvcd public or�rivatc
streets or ot�er pravided acccss, a I 2-foot-wide all-���cather access road may bc
constnicted within thc caseiT�ent whcrc at thc City's discretion such access is required for
operation and maintcnance purposes.
(4) The GRANTOR(S) warrants that they are lawfully seized and ppssessed of the real
property described above, that tl�cy hsve a lawful right ta convey the propErty, or any part
�. , , 2800049 Page 3 of 5 04/28/2023 1 2:55:06 PM
oF it, and that they will forever def'end the ticle to this properry against the claims of all
persons.
{5) The GRANTEE may peaceably hold and enjoy the rights anc� privileges herein granted
withoul any inEerruptian by the GRANTQR{S). The terms, covenants and provisions of
this easement and agreement shall extend to and be binding t�pon tlie heirs, erec�itors,
administrators, personal representa[ivcs, succcssors and assigns of[he parties hereto.
DATED this �ciay of �-�r/ , 20 Z3 .
LANDO�'1'NER
i
8FC, LLC
B��: ��,,,� �SS
'E'itic: ��z ��'���`—
-�f�YJf�1y-ri��
CORPORATE
STATE OF MONTANA )
� SS.
Caunty of Gal latin )
On tliis � day of ,�„�; t , 20��, before me the undersigned, a
Notary Public tor tl�e State af Montana, personal ly appeared, ���n�y��.; b�_ ,
lcnown to rne to be the �4 of g���, �,_
and tl�e person whose name is su scr ed to the within instru��lent and ackno�vledged to me that
he eaecuted the �vithin instrument For and on behalf of b �c �,�
IN WlTNCSS WI-IERLOF, I have hereunto set zz�y hand and aftixed my Notarial Sea1 the
day and year first above written.
����M���' CYNTHfA M EDGMpND
(S�AL� :'ti`t'�� �'°c�`= Nota Public
:�•No�^'��q��:(or lhe Sta e of Montana
� � ��L,� _ z *� -�^ ��= Residing at:
---�— :u3;.SF:AI,.,�: gozeman, Montana
Notary Pubkic For the State of Montana �-'��-^�?� My Commi n Ex �res:
�I '",,,,,,�����•,.�,., Decemb�� 2024
r'�n-�k,��G Y1�L�,»4�'-� , . .
(Printed Name)
Residing in �7��.�, rn't _ .
My Commission Cxpires �Z / � /20 Z�a
_ � . 2800049 Page 4 of 5 04/28/2023 1 2:55:06 PM
ACCEPTED:
�� �,�j�n-_ CITY OF B ZE A�
1`S� ���'�:�' C ty ger
ATTEST: V` �I' `.�`
* : . ` �
,
c�':='�=a . ;.�.=-::�
9 - -- --- •�
City Clcrk �j,'••• .... ••'or�
j'v co. M
STATE OF MONTANA )
) ss.
County of Gaklatin )
� �
On this��day of , 20�, before me, a Notary Public for
the State of Montana, personally ppeared JEFF M[HELICH and M1KE MAA5, known to me to
be the City Manager and City Clerk for the City of Bozeman and the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed the san�e for and
on behalf of thc City of Bozeiz�an.
1N WITi�ESS WHEREQF, I have hereunto set my Iland and affixed my seaE on the day
and year first above written.
^"Hu""'' JULIE HUNTEFi
�S�l�L.� � ;,��J�...NTF.p:t Notary Public
' � ' _ ;-�pt�a�q�. =for tho State of Montana
- --— - = Fiesldin� at:
` �;�.SEAL.��= Bozeman, Montana
�=
��,���.��',-' My Commission Expires:
Notary P lic or the State t Mont na ---.,:,,,,,,,,,, June 1 t, 2o�s
�o� f�
(Printed Narne)
Residing at Bozeman, Montana
My Commis�ion Expires: �/�_/20�
c�r����r-�zc�-����-� OI�' �UP��1-�z�or. ,.,�o`Njq�N�,,, ,
I, the undersigned, Kyle Thompson, Professional Land Surveyor, do ��` �• 'e ��=
hereb certi that this Easement Exhibit was surve ed under m direct � ' ' ' T VALLEY WEST
KYLE I.
Y fY Y Y - • - �,K�s A
supervision and recorded the same as shown on the accompanying -�; ��- SUBO�V151QN(PNASE 6)
THOMPSON •o=
Easement Exhibit Document as described. �o• •>-; PARK
:-�• No.i3108L5 �c�,`
DA7 t s�d of 20 Z�. �%,��.5`j�FG�Sj�R�:�J�`
��'���;q C L AN�,�'��
l «rr��niii�` V,4
Monlana ReS stration No. 13108LS �qK�S AT VALLEY W�ST St19��Vj51ON��NASE 6) vGyH pR��F �`��0��
9 P.D.B. rs�J.g 4;p.546s.
N�p. 27,
(� N89'31'19'E 322.16' . . . CH� 763q•
� o . . , - S. .. • ' ., . . .- _ . _ '- 7 _ ; '``qg�F
� _ , -1 . 1 1_ ���2•lp•
0 �Qr� OF NORTON o m � , ' _ � � • , • \
EAST RANCH z _— _ = ----- -- � — -- , -. ' - , y�
NASE s ' S89°31'19"W 270.16' ���'� . f
� SUBDIVISION P ' -1' � 1 1
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183
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S87°48'03`E 210.09' � -�
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o - • . . • 90.Q9' ' �- . 0.5 . ��3s.2p'W 3 �
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.r � + N87°48'04"w 213.67' "``� LEGEND
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� STORM DRAIN EASEMEN7 � M
� _ ___ � SCALE IN FEET
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� o� M o r r i s o n o Z�_��w•�= ��BY' CF PROJECT NO,
NdR70N EAST RANCH SUBDiVISipN PHASE 6
BOxaman.MT 59>1S DSGN.BY; RN 10t����
� � M a i e r l e � �������� �a.er � BOZEMAN MONTANA
� e � "'""''-^"'^'^'� DATE: 0]2073 FIGVRE NUAtBER
^ .�gi�erti.surveyas•plannn��.sc�rnu�u SaMi7aRY SEwER EASEMENT
'z ��M krM ewmo.o�m wrrierMza
��p������E� �� Exhibit B