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HomeMy WebLinkAbout07-Easement-Private StormPage 1 of 4 UTILITY AND ACCESS EASEMENT AND AGREEMENT Richard L. Mari (“Grantor”), in consideration of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, grants to Bridger Industrial Park Owner, a Montana non-profit mutual benefit corporation, (“Grantee”), its successors and assigns, this perpetual utility and access easement that shall include the right of the Grantee to construct, install, maintain and repair storm water pipelines, swales and appurtenances as well as access to maintain the same on and across a strip of land situated in Gallatin County, Montana, ten ( 10 ) feet wide to be located on the following described real property: LOT 20 OF THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, PLAT E-38; LOCATED IN THE SE 1/4 SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, 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 also includes the right of Grantee, its successors and assigns, permittees, licensees, and its and their agents and employees to enter at all times upon the above described easement by using existing roads or trails or otherwise by a route causing the least damage and inconvenience to the Grantor in order to: (1) Operate, patrol, repair, substitute, remove, enlarge, replace, and maintain the pipeline and appurtenances and equipment; and (2) Trim, remove, destroy or otherwise control any trees, bushes and brush inside or outside the easement which may, in the opinion of Grantee, interfere or threaten to interfere with or be hazardous to the operation and maintenance of the pipeline; Page 2 of 4 The Grantee agrees that: (1) After excavation, Grantee will leave the finished surface in substantially the same condition as existed prior to the beginning of operations except that the surface backfill area may be mounded sufficiently to prevent formation of depressions after final settling of soil has taken place and Grantee shall enact appropriate weed control in the area of disturbance. (2) Grantee will hold harmless and defend Grantor from any demands, claims and actions which may arise from Grantees use and activity within the easement. The Grantor agrees and represents that: (1) At no time will it build, construct, erect or maintain any permanent structure within the boundaries of said easement without prior written consent of Grantee. (2) Grantor will hold harmless and defend Grantee from any demands, claims and actions which may arise from Grantors use and activity within the easement. (3) 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 successors and assigns for Grantor and Grantee. Page 3 of 4 GRANTOR Richard L. Mari By: Richard L. Mari Its: _____________ STATE OF ____________ ) :ss COUNTY OF__________ ) On this _______ day of ________________ 2025, before me, a Notary Public in and for said State, personally appeared Richard L. Mari known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. Notary Public for the State of Printed Name (NOTARIAL SEAL) Residing at: My Commission Expires (mm/dd/yyyy) Page 4 of 4 The easement and agreement set forth herein, is hereby accepted in all respects by Bridger Industrial Park Owner GRANTEE Bridger Industrial Park Owner By _________________, its _____________ Attested By: Its: STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ____ day of ____________, 20__, before me, a Notary Public in and for said State, personally appeared____________, the __________ and ______________________(name), as ____________________(capacity), known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same on behalf of Bridger Industrial Park Owner Notary Public for the State of Printed Name (NOTARIAL SEAL) Residing at: My Commission Expires (mm/dd/yyyy) SDSDSDN0°07'56"E 10.00'N89°52'18"E 199.10' S37°37'22"E 12.60' S89°52'18"W 206.82' © PROJECT NO. FIGURE NUMBER COPYRIGHT MORRISON-MAIERLE,2025 Plotted by cooper krause on Aug/4/2025 DRAWN BY: DSGN. BY: APPR. BY: DATE:engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net N:\10768\001\ACAD\Exhibits\Easement\10768.001_Storm Drainage Easement-North.dwg10768.001 EX-A LOT 20 OF GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION STORM DRAINAGE EASEMENT BOZEMAN MONTANA CPK - CPK 8/2025 POINT OF BEGINNING 25 500 SCALE IN FEET EXHIBIT A SURVEYOR'S CERTIFICATE I Jon C. Wilkinson, Professional Land Surveyor, License No. 16411LS, do hereby certify that I conducted this easement survey. Dated this ______ day of ____________, 2025 ___________________________ Jon C. Wilkinson, PLS, CFedS MT Reg. # 16411LS Morrison-Maierle A STORM WATER DRAINAGE EASEMENT FOR THE BENEFIT OF LOT 17 OF THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, SAID EASEMENT BEING LOCATED IN, THROUGH AND ACROSS LOT 20 OF THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, PLAT E-38; LOCATED IN THE SE 1/4 SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. DESCRIPTION Beginning at the Northwest corner of Lot 20 of the Gordon Mandeville State School Section Subdivision, being the Point of Beginning; thence N89°52'18"E. along the north line of said Lot 20 a distance of 199.10 feet to the westerly rail road right of way line, thence S.37°37'22"E. a distance of 12.60 feet, thence S.89°52'18"W. a distance of 206.82 feet to the east line of Lot 17 of the Gordon Mandeville State School Section Subdivision, thence N.0°07'56"E. a distance of 10.00 feet to the Point of Beginning. Said easement contains 0.047 acres, more or less. LOT 20 GORDON M A N D E V I L L E STATE SC H O O L SECTION S U B D I V I S I O N