The URL can be used to link to this page

Home My WebLink About13- Park West Montana at Saddle View LLC Sanitary Sewer Pipeline and Access Easement and Agreement City'Of'Bozeman-City Clerk RO. Box -1230 Bozeman, NIT 59771-1230 , m�mum�0�N�U��m ,m p "° �� |��N0N� �m��m��N �� SANITARY SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Park West Montana at Saddle View LLC,the GRANTOR,io consideration nfOne Dollar qnd other good and valuable consideration,receipt n[which is acknowledged,&,um(n)tothe City oI Bozeman.GRANTEE,its successors and assigns, w perpetual easement to lay,construct and maintain ipulioc with the usual services,valves,connections,accessories and appurtenances for the purpose of transmitting sewer in,through,and across m strip ofland situated iu Gallatin County,Montana,mbc located onthe following described real property: Tract l in Minor Subdivision 375,situated in the SE 1/4 of Section 8,Township 2 South,Range 6 Emx.P.84.&8. City of Bozeman,Gallatin County&1ouuxux. The easement is more particularly shown on the attached SANITARY SEWER PIPELINE AND ACCESS EASEMENT EXHlB{T&.which hy this reference io made a part hereof. This grant includes the right ni the GRANTEE,its successors,pennittxeu, iicoo,,es,and assigns and its and their agents and employees,to enter at all times upon the above-dcscribed land hy using existing roads oc trails nrotherwise byornmecausing 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: (7) Construct,operate,patrol,repair,substitute,remove,enlarge,replace, and maintain the pipeline,services,connections,mncnsooxicxwndoppvrtoomoocw; (2) Trim,remove,destroy,or otherwise control any trees and brush inside Or outside the boundaries of the easement which may,io the opinion of the GRANTEE, interfere uc threaten to interfere with or be hazardous to the construction,operation and maintenance of the pipeline; (3) Grade the land subject m this easement and extend the cuts and fi)lsof this grading into uuJondznlvodadjaxomtod`utnbiobinoubjcctmUhiacosouomt"t6ecx/ mGK/\NI�C may fiudreasonably necessary;and (4) Support the pipeline across ravines and water courses with structures which GRANTEE deems necessary. THE GRANTEE AGREES: (l) That,in connection with the construction,operating,patrolling,repairing,substituting, removing,enlarging,replacing,and maintaining of said Sewer pipv)in*(a),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 ,hpitm,v 1�uai, nbcdby its operation. (2) That,during operations involving excavation,b*il|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. D 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 huckbl)iog is completed. And,it will leave the finished surface in substantially the same condition as existed prior to the beginning of operations Saddle View Sanitary oowor&Access sasmmmt Page/"o 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. DATED this 17"day of .,-- ,2013.. ves}o ,< Chris Budeski Notary G sv for the fpMontana B ,. o (� �yoTidq�. x ....» -�r SEAL.* Bozeman, ontana y at P My Commission F pares Joe Zkar,Project Mar}ager November 2e,201 e Park West Montana a(Saddle View LLC STATE OF MONTANA ) ):ss County of Gallatin On this 17"'day of June,2013,before me the undersigned,a Notary Public for the State of Montana,personally appeared Joe Iallar,known to me to be Project Manager of Park West Montana at Saddle View 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 Park West Montana at Saddle View LLC. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Montana (SEAL,) 1445 L660l111 (Printed Name � T) c !linrsr Pt My Commission expires Jou, _f f20 Ir Saddle View sanitary Seaver&Access Easement Page 2 of 3 ACCEPTED: CI BO' E , by - Otl0 City Manager ATTEST: City C erk STAT OF MON I AN/ , 1 (A"Cols;')�... County of Gallatin ) " On this day of A t't—C�t—��,,-� ,2013,before me,a Notary Public for the State of Montana,personally appearJd CHRIS KUKULSKI and STACY ULMAN,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 WITLESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. AiMEEBRUNGKHORthe W� t� a y"� Iraq N(7TAat PUBLIC for the State of Montana NotJy Public for the State of Montana * SEA f 4 Residing at Belg� Er rat�na m. ri My Commissi n '�oK.itio� December Od, (Printed Name) Residing at My Commission expires / 020_ =GResiding EE BRUNGKHORST Comm TARY PUBLIC fot the State of Montana ng at Beigrade,Montana embers g4,2a Expires Saddle View Sanitary Sewer&Access EascmcW Page 3 of 3 rri x c U) cn 71> C 79 > Cf) --I —0 M M Do CA Z Cl) rr, x cn Z acv LP V) >--i V, --I z 0 X� 7) K) C� "U. > m UJ --i-n P , I I 4ti> N) > m CO co --A >-<m U) C) m U) 0-) M u > m FTI 7 z M* U� 0 M M Z Frl FT� 7-1 7u C) m o > Cl) z M x (A CA 0 (A m m r17 C, C, Ul M> :*z 0 m�-0 >0 ;u(A m > > M 0 Lf) m