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HomeMy WebLinkAbout038_SewerWaterPipelineAccessEasement_CultivarBTP41 Page 1 of 4 Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Bozeman Trax Partners, LLC, the GRANTOR(S), 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, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain sanitary sewer and municipal water pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sanitary sewer and municipal water in, through, and across a strip of land situated in Gallatin County, Montana, 35 feet wide to be located on the following described real property: Tract 1-B of Certificate of Survey No. 2153A, located in the NW1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. 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 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 pipelines and to: (1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the sanitary sewer and municipal water pipelines, 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 sanitary sewer and municipal water pipelines; (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 Page 2 of 4 may find reasonably necessary; and (4) Support the sanitary sewer and municipal water pipelines 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 sanitary sewer and municipal water pipelines, 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 topsoil 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 sanitary sewer and municipal pipelines 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, Page 3 of 4 administrators, personal representatives, successors and assigns of the parties hereto. DATED this ______ day of _____________________, 20 . Signed: Name: ________________________ ______________ of Bozeman Trax Partners, LLC STATE OF _____________ ) ):ss County of ______________ ) On this day of , 20 , before me the undersigned, a Notary Public for the State of ______________, personally appeared , known to me to be of Bozeman Trax Partners, LLC and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Bozeman Trax Partners, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of ________________ (Printed Name) Residing at My Commission expires / /20 Page 4 of 4 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 _______________________ and MIKE MAAS, known to me to be the __________________________ 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 Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires / /20 EXHIBIT A 050 SCALE:1" = 100' 10050 EASEMENT - DESCRIPTION A sewer and water pipeline and access easement located on Tract 1-B of Certificate of Survey No. 2153A, located in the NW1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana, being more particularly described as follows: Commencing at the northeasterly corner of said tract; thence N52°25'14"W, 1006.70 feet along the northeasterly line of said tract to the Point of Beginning; thence S37°49'09"W, 253.75 feet; thence S15°44'40"E, 249.81 feet; thence S32°42'28"E, 149.58 feet to the beginning of a non-tangent curve to the left, said curve having a radius of 52.00 feet and a chord that bears N83°36'41"W, 45.10 feet; thence along said curve 46.65 feet; thence N32°42'28"W, 126.36 feet; thence N15°44'40"W, 272.70 feet; thence N37°49'09"E, 271.27 feet to said northeasterly line; thence along said northeasterly line S52°25'14"E, 35.00 feet to the Point of Beginning. Said easement containing 23,005 square feet, more or less.