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Home My WebLink About09- Western Montana Mental Health Sewer and Water Pipeline and Access Easement and Agreement~e ,~ Bozeman City Clerk y" P.O. Box 1230 Bozeman, MT 59771-1230 2342387 IPage: 1 of 4 09/16!2009 11:19:52 RM Fee: $28.00 1IIIIIII1IIIIIItIIIIIIIIIIIIIIIIIIIIIIII1IIIIIIIIIIII~IIIIIIIItIIIIIIIII~IIIIIIIIIII MISC re- rec~rdQ-d ~,c~, SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Western Montana Mental Health, the GRANTOR, in consideration of One Dollar and other good and valuable consideration, receipt of which is acknowledged, grant(s) to the Cit~of Bozeman, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain 423 if (sewer) and 538 if (water) pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewer and water in, through, and across a strip of land situated in Gallatin County, Montana, to be located on the following described real property: Lot 4A-2 of Minor Subdivision 417, situated in the SE '/4 of Section 8 and the NE '/4 of Section 17, Township 2 South, Range 6 East, P.M.M. City of Bozeman, Gallatin County Montana. The easement is more particularly shown on the attached PUBLIC SEWER AND WATER PIPELINE AND ACCESS EASEMENT 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 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 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 and Sewer 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 Hope House Sewer & Water Pipeline & Access Easement Page 1 of 4 ~. 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 maybe 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, administrat rs, personal representatives, successors and assigns of the parties hereto. DATED this ~ ay of , 2009. GRANTOR STATE OF MONTANA ):ss County of Gallatin ) On this '~Z~a day of , 20 ore me the undersigned, a Notary Public for th of Montana, perso ally ap red •~ ~-~u~-..,~w4 ~-- ,known to me to be l of „~nd the person whose name is subscribed to the within instrumen and acknowledge to me hat he executed the within instrument for and on behalf of ~------... IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ,~ ~ Notar Pub is for the Sta e of Montana ~ ~~ (Printed Name) Residing at ~r>S~~i~cx My Commission expires O~ / o r /20 ~/ \ ~ O: 'Fj- 9jF o„ ~ °~P Hope House Sewer & Water Pipeline & Access Easement Page 2 of 3 CITY F BO EM by City Manager i ~~ ,«+ ity w, ~,~, ~ ~~ ~~'~~ ~ ~~ ~ofll~tin' ) On this a~ - day of J t..-Y~¢~ , 2009, before me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI and STACY ULM~1, known to me to be the City Manager 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. ACCEPTED: ATT ~~Tt~4 ~ ~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. \\~~~~11111!Il/~Ji ~ • . '~ ~ i Q. N~TI1RIn1' '. Not y Public for the State of Montana - ; .~ • --- : * =(SEAL) (Printed Name) ~ f~. ~ ;~~~~ Residing at ~~i ?l. at' ~~~ My Commission expires l l20 ~~~~ ,o Fl ,lr!~A~~V~v AIMEE KISSEL NOTARY hUBLIC FOR THE STATE OF MONTANA RESIDING AT BOZEMAN. MONTANA MV G'UMMISSION EXPIRES 1 2 - U4 -LO /L Hope House Sewer & Water Pipeline & Access Easement Page 3 of 3 6nnp•~uauaaso~ aaMas~ as}oM~~uauaaso3~6 • ~ m ~, ~ II r-, Q • ~~ N ,~ I Qm ~~ F- cn v~ Qo ~z 9Z1-80~800Z~Ob'Od ~ti~ ^~ w~~ _~ Cs~ ~ . ~ Z N_ Z_ ~ ~ COQ CEO •~ MN '\ W ~ ~V ~ O r' O ~ ~ ~~ . ~. i . / ~ O ~ ~' W ~ N o ~ ~ w ~ ~ :`~ ~ ~ ~s~ H~2I~~ ~ ~ N ;vo ~ w cow / •~~ ~¢W U7 O N N N \ ~ ~ ;~ ~ W ;'7 ~ ~ M cD M ~~ro cn ao z 3 ~ ~,~ r ~ -,` ~ ~~ 3~ o ~ I~ . i~ Q °° (n ' NIM O N \ ~ N / I ` M~ X00 U~ d• / ! Z ~ \ ~Z I W `~ ~ ~ ` '''~ N ~ ~ ~ i ~ ~ V ~ ` N ~W ~ 3 ~ o co ao ~ ~ ` w N °° ~ o ~ I ~ ~ ` ` 00 N ~'`~ O to rO r I Z M N ` ` N~ ~\\ N N O I Z ~ ~ ~ `~ Z \ ` I I '~' ~ ~ ~ I ~ o ~ ~- ~ U w Z I Z ~ ~ N W Z o w O a ~ ~ wN ~ Q W ~ I w w ~ Z W • ~ ~ Z ~m~ W W ~~ wW ~ I w Z U o ~~ Q Q I , Z I ~o~ o ~Qo W N J N Z W ~ W ~ ~ Q ~ W N asnoH a ~" ~~ / z \ U ~ N ~~ Q ~ M m U N ~ ~' ~ O Z_ 1 w 0 o W ~ ~ N o N ~ ~ N O ~ ~ W Z ~ ~ o O ~ ~ N O 0 w ~ ° o cn rn .n o o N M Z M ~ N ~ r7 Z 1 ~ o ~' " ° ~ ~ O CV N ~ M ~ ~ ~ ~ ~ ~ ~ rn ~ N ~ O ~ N ~ ~~ o ~ ao o ,:z z . ~ .~ . \ • Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Bob Murray, Project Engineer Chuck Winn, Assistant City Manager SUBJECT: Hope House MEETING DATE: 6/8/09 RECOMMENDATION: Authorize City Manager to sign the easement. BACKGROUND: Attached is a copy of the partially executed Public Access Easement, • Sewer and Water Easement, and Trail Corridor Easement for the above referenced project. Engineering, Planning, and Legal staff have reviewed the easements and found them to be acceptable. FISCAL EFFECTS: N/A ALTERNATIVES: None Respectfully submitted, Robert J. Murray Jr., Project Engineer Chuck Winn, Assistant City Manager Attachments: Easement Documents Report compiled on 6/1/2009 • 31