HomeMy WebLinkAbout13- Liebman Florist, Inc Storm Drain and Access Easement and Agreement Return 'fo:
City of Bozeman-City Clerk
P.O. Box 1230 2467908
Bozeman, MT 59771-1230 Charlotte�Mills j1Galla�tin County,MT Fee $3misc
IIIJI IIIIII III F1 111 1111 IIII 111111111111111111111111111111111111111111111 IIII
STORM DRAIN AND ACCESS EASEMENT AND AGREEMENT
Liebman Florist, Inc., the GRANTOR(S), in consideration of$1.00 and other good and valuable
consideration, receipt of which is acknowledged, grant(s) to The City of I30zenian, GRAN Tl-E,
its successors and assi1Yns,a perpetLral easement to lay,construct and maintain storm drain
pipelines with the usual services,valves, connections, accessories and appurtenances for tine
purpose of transmitting, storm eater in, through, and across a strip of land situated in Gallatin
County, Montana, to be located oil the following described real property: A tract of land, said
tract being Certificate of Survey Number 655, said tract being located in the NW '/ of See. 18,
3"2S, R6E. RM.A., City of13ozennaln, Gallatin County, Montana.
The easement is more particularly described on the attached Exhibit A which by this
reference are made a part hereof.
This or-ant includes the right of the GRANTEE, its successors, periniltees, licensees, and
assigns and its and their agents and e raiployees, to enter at all tines upon the above-described
land by using existing roads trr trails or otherwise by a route causing the least damage and
inconvcnience to the GRANTOR(S) in order to survey arid establish the route and location of tile
casement and the pipeline and to:
(1) Construct, operatc, patrol, repair, substitute, remove, cr36:uge. rcplfrec, arnd nnaintain tine
pipclitnc, services, connections,accessories :trrd appurteria aces:
(2) Trine, remove. destroy. or otherwise control any trees and brush inside (}r outside the
boundaries of the casement which mrty, ire the: opirniorn Ol'the (3RANT]"I:;. inter°fcr-c or
threaten to interfere; xvith or be hazardous to the cornstruetion. operation and n'lainteria nee
of the pipeline:
(,) Grade the 'land subJect to this easement and emend the cuts and fills grading into
and on the land ad acent to that Nvinich is subject to this easement to the CNIent GRAY1'f;I
may find reasonably necessary; and
(4) Support the pipeline across ravines and v,Water courses With structures whicl> GRAN"flip;
deems necessary,
THE GRANTEE AGREES
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
removing. enlarging, replacing. and maintaining of said storm drain pipeline(s), it will
repair or replace, at its sole expense, or pay to GRANTOR(S) [tic reasonable vatiu,of any
damages to growing crops, existing fenecs, ditches and other appurtenances of said land
that may be disturbed by its operation,
(2) That, during operations involving excavation, it will re'llove 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 Lrelich. 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 af(Qi-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 casement without the prior written consent of GRANTEE.
(2) At no time will they moth fy 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-.
O That where the subject improvements are not located urider improved public or private
strects or other provided access, a 12 foot wide all-weather access road may be
constructed within the casement ,vherc at the City's discretion such access is required for
Oporatioll told 111HintellarICC pUrINISOS.
(4) The GRANTOR(S) warrants that they are lawfully seized and possessed of tile real
property described above, that they have a lawful right to co�jvey the property, or any hart
of it. and that they will forever defictid the title to this properly against the ciciijjjs of all
Persons,
(5) The ORANTI"J.' 11MY peaceably hold and eqioy the rights and privileges herein )ranted
without any interruption by the GRANTOR(S). The terms, covenants and provisions of'
this casement and agreement shall extend to and be bin.di3lg UI)OD the heirs, executors,
adn-iinisirators, personal representatives, successors and assigns ofthe parties hereto,
1tTF1) finis �..-_ ° '_..____—day " of
LAND WNEI Liebm n i Florist, Inc.
13y.
Signature I'rintr t1 name and tatle -
sTATF'; OF MONTANA }
ss.
County or Gallatin )
On this .._ day of 0 �, eloa e 317c thq Sara ersigi ed, a
Notary Publi r tl e `tat o#'Mot tan�t, I ersonally a1 }�earcd, " a ; known to
me to be the � of Liebmann Florist, Ine, and the person whose
name is subscribed to the within instrUnlealt and acknowledged to nee that he executed the within
instrument for and on behalf of Licbmann Florist, Inc.
IN WI'I"NESS WIFEREOF, I have hereunto set my hand and affixed nay Notarial seal the
da -----
P � F Notwy Public
for the State of Montana
* = Residing at:
� .�iI;AI., Dozerr7an, Montana
r o M63, My Commission Expires:
or a June 05, 2017
r
No I y PLIN IC foz t x St t. f Montaaaa
(Printed Name
Residing in
� �L
My Commission I. �I�ic�s J` li , / _ _.. r20 A_.—
DATED this._-.._ day of ,?0
GRANTOR - CITY OF I3OZ MAN
Title
A`M"IES'I':`
City ta
STATE OF.NMONTANA )
)Ss.
County of Gallatin' )
On this ___.._..._day of_,_( D! '..__.:.. ' ^T_ , 2R9, before me, a Notary Public for
the State of Montana,personally appeared CHRIS ICtJICULSKI and STAGY UI,MEN, known to
me to be the City 'Vlanager and City Clerk, respectively, of the City of Bozeman and the pea'sons
whose names are subseribcd to the within instrument, and acknowledged to nae that they
executed the same for and on behalf of the City of Bozeman,
IN WITNESS WHEREOF, I have he;reuntcn set array hand and affixed nay Notarial. Scal the
day and year first above written,
r
(SEAL)
AlMEE BRUNCKHORST Not ry Public for the State:of Mo tana
NOTARY PUBDO for the
State of Montana (Printed Name)SEAL ' Residing at Belgrade, Montana
gp qty Commission Expires I�esidiln at_ _
December O 21116 My Commission Expires 1
EXHIBIT A
PUBLIC STORM DRAIN EASEMENT
ACROSS A PORTION OF CERTIFICATE OF SURVEY NUMBER 655
LOCATED IN THE NW 1/4 SEC,18,T2S,R6E,P.M.M.
CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA
fi
r'y
D; 0
p
'l./il' Wl�-NILSS 1D NW C.
0` 6
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>1
sl'
ORM SEWER (_ASEMENi
(BOOK 22, PAGE. '77)
lz�
EX'S'NIG S]ORV, ['J.;Rhi\l IFROV
AS RUILl DRAWIN�C'S) IS
2F 20'
ST,)RV, t',!4Aiti EASEVFNII
.1'110NIAS,DEAN& 116SKIN's.IN.C.
I.,
,.N(;l .1-AUNG CON ULTANTS
bikkWN BY B
DATE: 91111f13 FBE TD&)�*
40B-NO. B12-021
CAD Nb-. '--1-2'0-'2---1-EX3,dwo