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Home My WebLink About03- Highgate Bozeman LLC; Lot 1, COS 2089 W. Oak St - Sewer and Water Pipeline Access Easement " ..- SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Hiqhqate Bozeman. LLC.. John Robson Place. Suite 400, 1155 Robson St.. Vancouver, B.C.. Canada V6E-1 B5, the GRANTOR for good and valuable consideration, receipt of which is acknowledged, grants to the Citv of Bozeman. a public corporation. P.O. Box 1230. Bozeman. MT 59771-1230, the GRANTEE, a perpetual easement to lay, construct and maintain sewer and water pipelines with the usual services, valves, connections, accessories in, through, and across a strip of land situated in Gallatin County, Montana, thirty (30) feet wide to be located on the following described real property: Lot 1 of Certificate of Survey No. 2089. accordinq to the official plat of record and on file in the office of the Clerk and recorder of Gallatin County, Montana. under Document No. 382156. The easement is more particularly described on the attached Exhibit "A" as "30' SEWER, WATER PIPELINE, AND ACCESS EASEMENT" 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 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 watercourses with structures that GRANTEE deems necessary. THE GRANTEE AGREES: (1) That, in connection with the construction, operating patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said pipeline(s), 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. r~TTi.ry 11111111111111111111111111111111111111111111111111111 ~;~:15~~p Shelley Vanoe-Gallat1n Co MT MISC 24.00 (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 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. 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 B day of Dc...tOh,...r ,200;. Hig~eman. LLC. By: ----- Title: \J. \). cO ~ c..cn~ru.,~.c- 1111111111//1111111111111111/111111111111111 ~;~ ~~65 S~ell_eY_Va_~Oe_-G~U~t~n C_o /'IT /'IISe 24.00 2003 03.481=' 5 _: " STATE OF MONTANA County of ~(IoW") Ie~ ) :ss ) On this ;J'rc-.. day of Oc'~ , 20?5 , before me tj"le undersigned Notary Public for the State of Montana, personally appeared rln,~&'1 51--('""c{/1 , known to me to be the person who signed the foregoing instrument as {J,{'e fie>. "'de.-.......i- of Highgate Bozeman, LLC., and acknowledged to me that said corporation executed the same. Witness my hand and seal the day and year herein above written. {~J ~~ Notary Public for the State of Montana ~. bJ AloM 0'0 v...-.. (Printed Name) Residing at J.k.,d,~"" My Commission Expires .112--' (0 /20o~ ~ - - -: ./ ACCEPTED: -\ ) : ss. County of Gallatin ) On this 2oft--.-dayof Octolae/ , 'XP3 , before me, a Notary Public for the State of Montana, personally appeared CLARK V. JOHNSON and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the City Commission 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 year first above written. ~~~~~ Notary Public for eState f Montana ---.fj .eA <<1-€- Gr i vt i \I)~ (Printed Name) Residing at Bozeman, Montana My Commission Expires: 3---' 2~/20..Q3 '.... ,to" '_. ' ,;. .;.. /1'" 1 .. .' "1/' ..-' ~..~.."~.".IIo~f ~ tI'V.. ~' '.. '0, C' . . . -. . A b J '. \.... " \~ q,' ill",.;..' '" ~.. ~ '-l'_ ":. ",r.' -.~, . v~.ri L .: _. \\I\\'II\I\III~~I~t~ ~~;~~r~~p . Shelle.,. ~a~o..:G_al!._t1~ ~o_ ~ _ _ __ _ _ - - - - - - - - - - - - . . . , . '..........,... ~,~ . , :p MO\~"'t ~-' 6 ~ . ~ ~ <( ~ ~ ..... - CD - :I: X LaJ HJHVN '- =-=: ::E O>~ (()o.. 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