HomeMy WebLinkAbout15- Lazy E Bar Nine Corporation and VC Seven LLC Sewer and Water Pipeline and Access Easement and Agreement City of Bozeman-City Clerk
P.O. Box 123
Bozeman, MT 59771-1230
2518676
Page: 1 of 6 07/27/2015 09:50:44 AM Fee: $42.00
pLATTE charlotte Mills - Gallatin county, MT MISC
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND
AGREEMENT
LAZY E BAR NINE CORPORATION and VC Seven, LLC,the GRANTORS, in consideration
of$1.00 and other good and valuable consideration, receipt of which is acknowledged, grant to
THE CITY OF BOZEMAN, GRANTEE, its successors and assigns, a perpetual easement to lay,
construct and maintain SANITARY SEWER and WATER DISTRIBUTION pipelines with the
usual services,valves, connections, accessories and appurtenances for the purpose of
transmitting WATER AND SEWER in,through, and across a strip of land of variable width
situated in Gallatin County, Montana, located on the following described real property: LOT 7
OF THE VALLEY COMMONS BUSINESS PARK to the CITY OF BOZEMAN, MONTANA
The easement is more particularly described on the attached Exhibit(s)"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 GRANTORS 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
pipelines,it will repair or replace, at its sole expense, or pay to GRANTORS 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 GRANTORS AGREE:
(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 GRANTORS 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 GRANTORS. 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.
Page 2 of 5
DATED this day of , 20 4
Lazy E Bar Nine Corporation
ob L le bush �
Vice t
VC Seve4LC
J. S. Heck
Managing Partner
Page 3 of 5
STATE OF MONTANA )
) ss.
County of Gallatin )
On this _5 day of Yb_k- , 20 be ore me the undersigned, a
Notary Public for the State of Montan , ersonally appeared, o��j)"1 �., per , 1 ,) .
known to me to be the V,�C:.�._ _p� _ .� of / �izy cx Ali mot_ Ce€ i-oo x
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 �--kt.T F T 11-1_�_ Ct"f r" o y '._.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
KIM BERGO
(SEAL,) "''•.O Notary Public
f _ :"�,OTARIq for the State of Montar::
} 4 �r :*• *_ Residing at:
f SEAL.-* - Bozeman, Montana
Notary Public for the St e of Montana -., Mod, My Commission Expires:
/ February 08,2019
(Printed Name)_
Residing in �
My Commission Expires 1Q / 0_J /20 f t
STATE OF MONTANA )
) ss.
County of Gallatin )
On this day of 20 J,before me the undersigned, a Notary
Public for the State of Mont personally appeared, _J -S �kC K ,known to
me to be the /&ktq(,1'C ' 7a, of v 6 j p j t i _L C__ and the
person whose name�is- .�bsc ed to the within instrument and acknowledged to me that he
executed the within instrument for and on behalf of V _ 5 P.A&
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
Beq�o KIM BERGO
Notary Public
(SEAL) _ :NoT'n"g4 for the state of Mon tar i,
* *= Residing at:
SEAL•�� Bozeman, Montan.-
Mp�CP, My commission Expires:
February 08,2019
Notary P blic for the State of Montana
(Printed Name)' d V`�`` i` .
Residing in }
My Commission Expires - / 0 /20 q
Page 4 of 5
ACCEPTED:
CIT (QF B
T/
BY
P a
j' City Manager
ATTEST:
City
1bb
STATE OF MONTANA ° ° J
) ss.
County of Gallatin d )
On this r day of ,before me, a Notary Public for the
State of Montana,personally aj2b
red CEMS A. KUKULSKI and STACY ULMEN,known to
me to be the City Manager and City Clerk 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.
O(SAHEATHER BIENVENUE
�; Notary Publicic for the State of Montana ;Tom: o�nRl a<?m for
the state or Montana�}
Residing at: §
.SEAL:Q; Bozeman, Montana I
9 F�` My Commission Expires:
(Printed Name) 'FoF µ0`$`' January 26,2018
Residing at Bozeman, Montana
My Commission Expires: _/ /20
Page 5 of 5
Exhibit "A" - Utility Easement
Valley Commons Lot 7
/ SSMH
_ - J
VALLEY COMMONS DRIVE
_- _ __ ..---- . ........ . ..............
f. I
31
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2 N EASEMENT DEDICATED I z
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----�—SCALE: 1"=30' 20'
VALLEY COMMONS LOT 7
PROJECT#: 14-09 EXHIBIT "All
ISSUE DATE: 02/17/15
J DRAWN BY: BJS BOZEMAN, MONTANA 1<3�IN&ASSOC IAAT-ES, P.C.
-`Sr CONSULTING ENGINEERS/SURVEYING/PLANNERS
CHECKED BY: RTK 517 SOUTH 22ND AVE„SUITE 4,BOZEMAN.MONTANA 59719
y EMAIL:rick r�ikcrinonJoxxocimrs.com