HomeMy WebLinkAbout11- South Meadow Sewer and Water Pipeline Access Easement and AgreementCity of Bozeman -City Clerk
P.O. Box 1230
Bozeman, NIT 59771 -1230
2397930
Page, 1 of 6 09129/201.1 11:09:02 AM Fee $42.00
Charlotte Mills - Gallatin County, MT MI9C
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SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
South Meadow, Inc., the GRANTOR, in consideration of One Dollar ($1.00) and other good
and valuable consideration, receipt of which is acknowledged, grants to the City of Bozeman, a
Municipal Corporation of the State of Montana, 121 North Rouse Avenue, Bozeman, MT
59715, the GRANTEE, its successors and assigns, a perpetual easement to lay, construct and
maintain sewer and water pipelines with the usual services, valves, connections, accessories
and appurtenances for the purpose of transmitting water and wastewater in, through, and across
a strip of land situated in Gallatin County, Montana, two (2) feet wide to be located on the
following described real property: Lot 1, South Meadow Minor Subdivision No. 294, located in
the Southwest Quarter of Section 19, Township 2 South, Range 6 East of the Principal
Meridian of Montana, City of Bozeman, 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 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 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 constriction, operating patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said sewer and water pipelines, 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 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 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 warrant 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. 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.
DATED this r , ,day of -7-2 - x 2011.
l e
fi�outh Meadow, Inc.
Ken LeClair, President
STATE OF MONTANA )
) ss.
County of Gallatin )
On this / `� 4", y ` - da of ✓ "r� ' .w.... -- 2011, before me the undersigned, a
Notary Public for the State of Montana, personally appeared, Ken LeClair, known to me to be
the President of South Meadow, Inc. 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
South Meadow, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
the day and year first above written.
ivyµ A µ f
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'
Notary aw Public for e State of Mo ntna
"a �
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Notary Name Printed:
"'
Residing in Bozeman, Montana
My Commission Expires: c. 1 1 2.0 2_._
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ACCEPTED:
DATED this 'day of 2011.
CITY OF BOZEMIAN
Title: U. -
ATTEST 0..
City Clerk
1883
STATE OF m6
ss.
County of Gallatin
4�1 -
On this — ' - day of 201 before me, a Notary Public for
the State of Montana, personally appeared CHRIS KUKULSKI and STACY ULMEN, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day
and year first above written.
(SEAL)
Notary ublic for the State of Montana
Notary Name Printed:
Residing at Bozeman, Montana
My Commission Expires:
SE
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or
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EXHIBIT : 4
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SEXER,
EATER, AM ACCESS EWSCAfEiVT REVISIOjV
LOT 1,
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CITY OF BOZEAMN, G,4LLATTV COUNTY, MONTANA
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Rocky Mountain Engineers, P.L.L.C.
Civil Engineering & Land Surveying
1700 Most Koch Street, Suite 7
Bozeman, Montana 59715 (406)586-4859
Drawing File Name: 866[opo.dwg 05/04/2011