HomeMy WebLinkAboutSewer & Water Pipeline& Access Easement & Agreement SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
The State of Montana ,the GRANTOR(S),in consideration of
and other good and valuable consideration,receipt of which is acknowledged,grant(s)to
The City of Bozeman GRANTEE,its successors and
assigns,a perpetual easement to lay,construct and maintain 0 (sewer)and
1 (water)pipelines with the usual services,valves,connections,accessories and
appurtenances for the purpose of transmitting water 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:
Lot 1A,Tract 1 of the Gardner-Simmental Plaza Subdivision located in the
Northeast Quarter of Section 35,Township 1 South, Range 5 East, P.M.M.,City of Bozeman,
Gallatin County, Montana
The easement is more particularly described on the attached Exhibit(s) 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(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 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.
For an acknowledgment in a representative/corporate capacity:
/
DATED this/day of CF�..a C i',202_�/
LANDOWNER
9019,LLC
By:Dan Alexander
Title:Manager
STATE OF
COUNTY OF(� )s On this W day of 202 1,before me,the unde signed,a Notary
Public for the State of k= personally appeared V q
known to me to be the of 060( q I lL that execute the within instrument,and
acknowledged to me that the executed the same for and on behalf of landowner.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
`•D�E "
C4 z,n YLAINICOLE E GRINNELL Cbl�
EGR/ ( mted�NamCHe y; Notary Public
z:aolAr�rgi��� for the State of Montana Notary Public t State 1J"b\
Residing at: Residing at
.SEAS..- - Belgrade, Montana My Commission Exp s: ZOZ�
,9oF•M��C?>' My Commission Expires: (Use 4 digits for expiration year
1,01„, April 20, 2027