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Home My WebLink AboutSewer and Water Pipeline and Access Easement AFTER RECORDING RETURN TO: Bozeman 7 RE LLC Attn: Daniel D. Manson 600 S. Main Butte, MT 59701 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Bozeman 7 RE LLC, a Montana limited liability company, whose address is 600 S. Main Street, Butte, MT 59701(the "Grantor"), in consideration of$1.00 and other good and valuable consideration, receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, (the "Grantee"), its successors and assigns, a perpetual easement to lay, construct and maintain sewer and water pipelines with the usual services, valves, connections, accessories and appurtenances (the "Public Utilities") for the purpose of transmitting in, through, and across a twenty feet (20') wide strip of Grantor's land situated in Gallatin County, Montana, which is located on the following described real property: Lot 1-C and Lot 2-C of Amended Plat J-S-D, amending Lot 113 & 2B of Amended Plat J-S-C, Document No. 2412896, located in the SE '/4 of Section 35 of Township 01 South, Range 5 East, P.M.M., Gallatin County, Montana. Recording Ref.: Document No. , Amended Plat J-S-D. The easement is more particularly described 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 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 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 water and sewer pipeline(s), it will repair or replace, at its sole expense, or pay to Grantor 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 Grantee. (3) The Grantor 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. (4) The Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor. 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 2°a day of June, 2025. LANDOWNER Bozeman 7 RE LLC By: James M. Kenne lly Manager STATE OF MONTANA ) :ss COUNTY OF SILVER BOW ) On this 2" day of June, 2025, before me, the undersigned, a Notary Public for the State of Montana, personally appeared James M. Kenneally, known to me to be the Manager of Bozeman 7 RE LLC, the entity that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of Bozeman 7 RE LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. JILL HAMRY NOTARY PUBLIC for the State of Montana (Printed ameHere)QD Residing at Butte,Montana Notary Public for the State of Montana My Commission Expires May 16,2028 Residing at Butte, MT My Commission Expires: Aileboag (Use 4 digits for expirationr) ACCEPTED: CITY OF BOZEMAN By City Manager ATTEST: City Clerk STATE OF MONTANA ) ss. County of Gallatin ) On this day of , 20 , before me, a Notary Public for the State of Montana, personally appeared CHUCK WINN and MIKE MAAS, 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 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 above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at Bozeman, Montana My Commission Expires: / /20 o (0 g g a #=a s �1 W co od co m W Z : I ; _ - Q_ w �a oQ \ I ( N W \, J -� _ H w N � O I I � w 0 I a Z W W W 1 � - U a � F F y I � � f LEGAL DESCRIPTION PUBLIC UTILITY EASEI�t NTS A TRACT OF LAND BEING A PORTION OF"LOT 2C',AMENDED PLAT,3�D,RECORDED AS DOCUMENT NUMBER GALLATIN COUNTY RECORDER,GALLATIN COUNTY,MONTANA AND DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER FOR SAID LOT 2C AS MONUMENTED BY A 518 REBAR&CAP`PLS 13779; THENCE ALONG THE SOUTH LINE OF SAID LOT 2C,NORTH W51`19'EAST,63.23 FEET;THENCE LEAVING SAID SOUTH LOT LINE,NORTH 075TO2'WEST,15.89 FEET TO THE TRUE POINT OI=BEGINNING, THENCE,NORTH 07.53W WEST,20.00 FEET; THENCE,NORTH 81°09`50"EAST,4.23 FEET; THENCE,SOUTH 89`35'0?'EAST,102.04 FEET; THENCE,NORTH 45"24`53`EAST,8.34 FEET; THENCE,NORTH 00.24W EAST,149.26 FEET; THENCE,SOUTH 89-35'07'EAST,20.00 FEET; THENCE,SOUTH 00-24`53"WEST,2.00 FEET; THENCE,SOUTH 89'35'07'EAST,13.50 FEET; THENCE,SOUTH 00"24`53"WEST,20.00 FEET; THENCE,NORTH 89'35`07'WEST,13.50 FEET; THENCE,SOUTH 00°24'53'WEST,135.54 FEET; THENCE,SOUTH 45-203"WEST,24.91 FEET, THENCE,NORTH 89-3607-WEST,108.71 FEET; 0,- THENCE,SOUTH 81"09S€}WEST,2.95 FEET RETURNING TO THE POINT-OF-BEGINNING, :. M 8 . AY CONTAINING 0.134 ACRES,MORE OR LESS, SE�RY LL nfo.13770 'X LAI�IC3 = 1707 Contlnenta€Dr,Bate,Montana 59701 _ _.. . .. Cell#406-490-9456 ATWELL SUITES BOZEMAN, MT PUBLIC UTILITY EASEMENT EXHIBIT LOT - 2C 2.297 ACMES m L7 �j—L8 LG v N �z LL10 C9 � N LQ 6 Ln � m w � cn = LINE TABLE 0 25 50 NLn CD LINE LENGTH DIRECTION o z � L I G3.23' N 89°5 I'19"E SCALE: I" — 50► L2 15.69' N 07053'02"W L3 20.00' N 07530T W L4 4.23' N 81109,50"E L4 5 89°35'07"E 102.04' � L5 8.34' N 53"E P.O.B. LG 20.00' N 8903535'07"W L7 2.00' 5 00°24'53"W L N L 12 N 69°35'07"W 108.7 1' L8 13.50' 5 89°35'07"E N 5905 I'19"E L9 20.00' N 00°24'53"E L10 13.50' N 89°35'07"W BAXT E R LANE L I 1 24.91' 5 45°24'53"W L12 2.95' 581-091501W COMMON SENSE SURVEYING &, DATE:KE6 B i 25M ENGINEERING DRAWN BY:WDD 1707 CONTINENTAL DR.,BUTTE,MONTANA 59701 DATE: G-21-25 PH(406)723-7395 PAGE 1 OF 1 PROJ:TOWN PUMP(BOZEMAN)