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HomeMy WebLinkAbout049 - Fire Hydrant Pipeline and Access Easement Original to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 Project Number_________ FIRE HYDRANT WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Intermountain Developers, Inc., a Montana Limited Partnership, the GRANTOR(S), in consideration of one dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grant(s) 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 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, TWENTY( 20’ ) feet wide to be located on the following described real property: Lot 1 of Minor Subdivision No. 358B, a subdivision od tract 2A of Minor Subdivision 358B 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 acknowledgement in a representative/corporate capacity: DATED this _ [Enter Day] ____ day of _[Enter Month]___, 202_[Enter Year]_. LANDOWNER _________________________________________ [Enter Name of Corporation or Entity] By: [Enter Printed name of signor] Title: [Enter Title: Example: President, vice president, secretary] STATE OF ____________ ) :ss COUNTY OF __________ ) On this _[Enter Day]_ day of _[Enter Month]__, 202_[Enter Year]_, before me, the undersigned, a Notary Public for the State of [Enter State] , personally appeared ____[Enter Name]___ __, known to me to be the _[Enter Title]__________ of ___[Enter Entity]_________ that executed the within instrument, and acknowledged to me that they 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) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) ACCEPTED: _________________________ CITY OF BOZEMAN By ______________________ City Manager ATTEST: _______________________________ City Clerk STATE OF MONTANA ) ) ss. County of Gallatin ) On this _ [Enter Day]_____ day of ___[Enter Month] __, 20 [Enter Year] , 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 LOT 1 2.503 ACRES SURVEYOR: LEGAL: DRAWN BY: DATE: DRAWING NAME: SHEET SIZE: SHEET OF PROJECT NUMBER: SCALE: LOCATION:TRUE NORTHSURVEYING, LLC EASEMENT EXHIBIT RJD RJD BOZEMAN, MT LOT 1 APRIL 2, 2026 1"=70' 8.5X14 25-302 25-302 EX A.DWG 1 1 CERTIFICATE OF SURVEYOR I, Ryan J. Dee, Professional Land Surveyor, do hereby certify that I surveyed the property shown on the accompanying Easement Exhibit and as described. Dated this 2nd day of April, 2026. Ryan J. Dee Montana Registration No. 32875LS EXHIBIT A A FIRE HYDRANT WATER PIPELINE AND ACCESS EASEMENT RELEASE AND RECONVEYANCE ACROSS LOT 1 OF MINOR SUBDIVISION No. 358B, A SUBDIVISION OF TRACT 2A OF MINOR SUBDIVISION 358A, LOCATED IN THE SE¼ OF SECTION 26, 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 OF GALLATIN COUNTY, MONTANA.