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Home My WebLink AboutPublic Access & Utility Easements - Atwell (DM Draft) 1 AFTER RECORDING RETURN TO: Bozeman 7 RE LLC Attn: Daniel D. Manson 600 S. Main Butte, MT 59701 PUBLIC ACCESS AND UTILITY EASEMENTS Bozeman 7 RE LLC, a Montana limited liability company, whose address is 600 S. Main Street, Butte, MT 59701 (the “Grantor”), for valuable consideration, the receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, whose address is 121 North Rouse Avenue, Bozeman, Montana 59715 (the “Grantee”), and to its successors and assigns, the easements, as described below, for public access and utilities, on Grantor’s real property located in Gallatin County, Montana, legally described as follows: Lot 1-C and Lot 2-C of Amended Plat J-5-D, amending Lot 1B & 2B of Amended Plat J-5-C, Document No. 2412896, located in the SE ¼ of Section 35 of Township 01 South, Range 5 East, P.M.M., Gallatin County, Montana. Recording Ref.: Document No. XXXX, Amended Plat J-5-D. The easements granted are more particularly described as follows: Public Access Easement Grantor hereby grants to Grantee, and Grantee’s successors and assigns, a perpetual non- exclusive easement for public access (the “Public Access Easement”), thirty feet (30’) in width, over and across those portions of Grantor’s property shown on attached Exhibit “A” which by this reference is made a part hereof. Use of the Public Access Easement shall be for access, ingress and egress to and from the balance of Grantor’s property for Grantor’s invitees and customers, and for access, ingress and egress by the public over and across Grantor’s property to adjoining public and private property. Provided, however, that the Public Access Easement shall not be the primary access to or from neighboring private property where no other public access exists. Grantee use and the public use of the Public Access Easement shall not unreasonably interfere with the use or enjoyment by Grantor (or grantor’s customers, guests or invitees) of Grantor’s property. Neither Grantor nor Grantee shall place any obstructions in the easement corridor. 2 The Grantor reserves the right to relocate the Public Access Easement to a suitable area within the Grantor’s remaining property if the existing location of the easement interferes with any future permanent improvements planned by the Grantor in the Public Access Easement corridor. Such relocation shall be subject to the consent and approval of the Grantee, with such consent and approval shall not be unreasonably withheld. Public Utility Easement Grantor hereby grants to Grantee, and Grantee’s successors and assigns, a perpetual exclusive easement (the “Public Utility Easement”) for underground water mains and service lines (the “Public Utilities”). The Public Utility Easement is twenty feet (20’) in width, under and across those portions of Grantor’s property shown on attached Exhibit “B” which by this reference is made a part hereof. The Public Utility Easement does not grant to the Grantee the right to utilize or occupy the surface of the premises, except to the extent required to lay, construct and/or maintain the Public Utilities. The Grantor retains the right to utilize the surface of the easement corridors in any manner that does not interfere with the easement. The Grantor reserves the right to require the Grantee to relocate the Public Utility Easement to a suitable area within the Grantor’s remaining property if the existing location interferes with any future permanent improvements planned by the Grantor in the easement corridor. THE GRANTEE ACKNOWLEDGES AND AGREES THAT: (1) The Grantee shall defend, indemnify and hold Grantor harmless from any and all liability, including costs and attorney’s fees, which may result or arise from the exercise of the rights granted in this Easement. (2) In connection with the construction, operation, repair, substitution, removal, replacement, and maintenance of the Public Utilities, the Grantee will repair or replace, at the Grantee’s sole expense, or pay to Grantor the reasonable value of any damages to curbing, pavement, walkways, landscaping & irrigation, and other appurtenances of said land that may be disturbed by the installation, use and operation of the Public Utilities. (4) During operations involving excavation, Grantee will leave the finished surface in substantially the same condition as existed prior to the beginning of operations, including, without limitation, proper soil compaction and pavement patching, if applicable. Utility Setback Easement Grantor hereby grants to Grantee, and Grantee’s successors and assigns, a perpetual non- exclusive setback easement (the “Utility Setback Easement”), for underground utilities, including buried electric, natural gas and communications infrastructure (the “Utilities”). The Utility Setback Easement is ten feet (10’) in width along the southern boundary of Lot 2-C, as shown on attached Exhibit “C” which by this reference is made a part hereof. The Utility Setback Easement does not grant to the Grantee the right to utilize or occupy the surface of the premises, except to 3 the extent required to lay, construct and/or maintain the Utilities. THE GRANTEE ACKNOWLEDGES AND AGREES THAT: (1) The Grantee shall cooperate in sharing the Utility Setback Easement as needed for the respective uses by private utility companies. (2) As a condition of using the Utility Setback Easement, each utility company allowed by Grantee to install and maintain utilities shall defend, indemnify and hold Grantor harmless from any and all liability, including costs and attorney’s fees, which may result or arise from the exercise of the rights granted in this Easement. (3) In connection with the construction, operation, repair, substitution, removal, replacement, and maintenance of the Utilities, the Grantee and each utility company allowed to utilize the Utility Setback Easements, will repair or replace, at their sole expense, or pay to Grantor the reasonable value of any damages to curbing, pavement, walkways, landscaping & irrigation, and other appurtenances of said land that may be disturbed by their installation, use and operation of the Utilities. (4) During operations involving excavation, Grantee will leave the finished surface in substantially the same condition as existed prior to the beginning of operations, including, without limitation, proper compaction and pavement patching, if applicable. Additional Provisions The Grantor represents and warrants that it is lawfully seized and possessed of the real property described above, that it has lawful right to grant and convey the easements and that it will defend the title of the property against the claims of all persons. The Grantor further agrees that the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor. The Grantee, for itself and its successors and assigns, agrees to defend, indemnify and hold Grantor harmless against any loss, damage or injuries sustained by Grantor or its successors, guests or invitees which arise from Grantee’s use of the easement. The terms, covenants, and provisions of these easements shall extend to and be binding upon the successors and assigns of the parties hereto and shall run with the land. DATED this ____ day of February, 2025. Bozeman 7 RE LLC By: James M. Kenneally Manager 4 STATE OF MONTANA ) : ss. County of Silver Bow ) The foregoing instrument was acknowledged before me this ____ day of February, 2025, by James M. Kenneally in his capacity as Manager of Bozeman 7 RE LLC. (SEAL) Notary Public 5 ACCEPTED: THE CITY OF BOZEMAN, MONTANA _______________________________________ City Manager ATTEST: ________________________________________ City Clerk STATE OF MONTANA ) : ss. County of Gallatin ) The foregoing instrument was acknowledged before me this ____ day of February, 2025, by , City Manager, and , City Clerk for The City of Bozeman. 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