The URL can be used to link to this page

Home My WebLink About08- Water Pipeline and Access Easement Agreement, Buffalo Ventures, LLCr ~ 0 w 0U 0 Ul l0£ m w u_ ~ = a~~ E~ a a~ a ~= .. ~_ N O~ rV_ W C~ O ~-~- N ro~ Mo ro~ ~a- N" ~ =_ =_ ~~~ ~oai~ M~°= N °L= acs- Return To: Bozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 WATER PIPELINE AND ACCESS EASEMENT AGREEMENT Buffalo Ventures, LLC, a South Carolina limited liability company with an address of 17 Lockwood Drive, Charleston, South Carolina, the GRANTOR, in %~ consideration of $1.00 and other good and valuable consideration, receipt of which is acknowledged, grants to The City of Bozeman, 20 East Olive, P.O. Box 1230, Bozeman, Montana, 59771, 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 2 of Amended block 3 of the Tange's Subdivision, situated in the NE '/< of Section 1, Township 2 South, Range 5 East, P.M.M., said strip more particularly described as follows: Commencing at the corner common to Lots 1, 2, and 4 of Amended Block 3 of the Tange's Subdivision, thence N 71°51'41" E, 7.22 feet between said Lots 1 and 2 to the Point of Beginning; thence from said Point of Beginning N 19°33' 12" W, 75.00 feet; thence N 20°26'48" E, 20.00 feet; thence S 19°33' 12" E, 75.50 feet; thence S 71°51'41" W, 20.01 feet to the Point of Beginning. The easement is more particularly described on the attached Exhibit A, which by this reference is made a part hereof. This grant includes the right of the GRANTEE, its successors, permittees, licensees, and assigns and its agents and employees, to enter at all times upon the above- describedland 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: Buffalo Ventures, LLC Water Pipeline and Access Easement Agreement Page 1 '~ • ~~~° ~s .s ~, ~~ '(`~ - (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: (]) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said water pipeline, all of which shall be done at Grantee's expense, with the exception of the initial costs of construction, which shall be borne by Grantor, 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 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. 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 AGREES: (I) At no time will it build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of Buffalo Ventures, LLC Water Pipeline and Access Easement Agreement Page 2 GRANTEE. (2) At no time will it 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 warrants that it is lawfully seized and possessed of the real property described above, that it has a lawful right to convey the property, or any part of it, and that it will forever defend the title to this property against the claims of persons lawfully claiming the same. (5) 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 Agreement shall extend to and be binding upon the successors and assigns of the parties hereto. DATED this ~ day of ~~(,r~')Q( , 20~. BUFFALO VENTURES, LLC n • !,« y: is 1 R. B nnett Its: M ger STATE OF SOUTH CAROLINA ) ss. County of ) On this ~ day of ~ 20~ before me the undersigned, a Notary Public for the State of South Carolina, personally appeared, Michael R. Bennett, known to me to be the Manager of Buffalo Ventures, 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 Buffalo Ventures, LLC. WHEREOF, I have hereunto set my hand and affixed my Notarial first above written. ota Public for the Stat f So Carolin ~5~. ~ ~ Z (Printed Name) n~ ~J Residing in My Commission Expires t~ /~~/20~ and Access Easement Agreement Page 3 GRANTEE. (2) At no time will it modify the finished grade of the land over the pipeline by removal of existing soil or by placement of fill material within the boundazies 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 al(-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 warrants that it is lawfully seized and possessed of the real property described above, that it has a lawful right to convey the property, or any part of it, and that it will forever defend the title to this property against the claims of persons lawfully claiming the same. (5) 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 Agreement shall extend to and be binding upon the successors and assigns of the parties hereto. DATED this ~ day of ~(~~,~e( , 20~. BUFFALO VENTURES, LLC /~` !!~t y: is 1 R. B nnett Its: M ager STATE OF SOUTH CAROLINA ) ~~ ) ss. County of ) On this day of 20~ before me the undersigned, a Notary Public for the State of South Carolina, personally appeazed, Michael R. Bennett, known to me to be the Manager of Buffalo Ventures, 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 Buffalo Ventures, LLC. WHEREOF, I have hereunto set my hand and affixed my Notarial first above written. ota Public for the Stat f So Carolin ~S~ ~ ~ Z (Printed Name) n~ ~J ~; Residing in My Commission Expires D /~_/20~ and Access Easement Agreement Page 3 ACCEPTED: By ~E 'r^rtru~ City Manager ' ; t' ) ss. ~ ~ .. 1~~~ ,~~ ~'~ ~ ~+Q ~~ ,yr'~~t,~~P.,,: ~ ~o~lit~ of Gallatm ) On this ~~ ay of ~ V ~/ 4 ~ ~, V'VI , 20~, before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKI and STACY ULMEN, 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 vear first above written. '(P nted Name) esiding at Bozeman, Mon a My Commission Expires: ~/~'20L~ \\\~~~~11111~ ~I~liii~~i, ~~~ ~f ~ ~_ ''~iiifi;Iill\\\\\~\ Buffalo Ventures, LLC Water Pipeline and Access Easement Agreement Page 4 EXHIBIT A WATER PIPELINE & ACCESS EASEMENT LOT 2 OF AMENDED BLOCK 3 OF TANGE'S SUBDIVISION LOCATED (N THE NEi/4 OF SECTION T, T.2S., R.5E., P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA zo ~o o L zo ~ 2Q °°,4g' E 20 ~ t~ N ~~~' p1PEy ~'~ WP~ ~~ A N~ ~~ t1`N N ~ ~ V LOT 2 N 1p ~ 10.0 i ~5 s~~~~N~ 3 ~~ ZP~ d~ 64 1 ~ PN'~ ~ i ••• /' '/ I ~~ PL i i ~ ~ i ''.• i ~. $ \ H ' \ i ~ ~' i LOT i i ..--~ ~a~'~'~~ f ' \ '"`~ LOT 4 i EXHIBIT A