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Home My WebLink About14- Vertex Holding LLC Easement 'City ofBozeman-Cfty Clerk P.O. Box 1230 Hozema n MT 59771-123 2484598 Page: 1 of 5 0fi/27/2014 02:33:37 PM Fee: $35.00 IIIlillllllllllllllllllllNIIIIII(IlIIIIIIIIIIlII!!!IlIIIlI�IIIIlIIIlIllill MISC IIlIIlII WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT Vertex Holding LLC,the GRANTOR, in consideration of One Dollar and other good and valuable consideration, receipt of which is acknowledged, grant(s)to the City of Bozeman GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain approximately 157 if(water)pipelines with the usual set vices,valves, connections, accessories and appurtenances for the purpose of transmitting water in,through,and across a strip of land situated in Gallatin County,Montana,to be located on the following described real property: Lot 2, Blk 7 Cattail Springs Subdivsion,Phase I, situated in the Northwest ''/4 of Section 35, Township I South, Range 5 East,P.M.M. City of Bozeman, Gallatin County Montana. i The easement is more particularly shown on the attached PUBLIC WATER PIPELINE AND € ACCESS EASEMENT EXHIBIT 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 l land by using existing roads or trails or otherwise by a route causing 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: (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 i Y� p � 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 3�f Cattail Springs Condominiums Water Pipeline&Access F,asement Page I of 5 F 1fIE'jr� ry§Srj '1 /E (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 pipeline(s), 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 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(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 E 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 2?day of xd__ , 2014. f Cattail Springs Condominiums Water Pipeline&Access Easement Page 2 of 5 yl GRANTOR ` N- Y STATE OF MONTANA ) ):ss County of Gallatin ) 2014 before me the undersigned, a Notary On this Zt day of g y Public for the State of Montana,personally appeared 07 A '191VC ,known to me to be_ 9,4&jkr4 Hew __of 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 i IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. } ,,,,,,,,,•,+,�,,,, Chris sudesid >'�t• '' s Notary Publlc Notary Public for the State of Montana �asnArq�: for tl�t� #Montana *' SEAL. * esi i g at: Chris Budeski --u;;• �e Bozeman, Montana �)�'•. ' Pc' (Printed Name) c 1�,_..•0V,. My Commission Expires: Residing at Bozeman MT �w:�yM"` November 26,2015 My Commission expires November 26,2015 I €I Cattail Springs Condominiums Water Pipeline&Access Basement Page 3 of 5 f F f' ACCEPTED: CIT F BO EM by City Manager AT L�•. ' P M b • �� e ,may. e b 7� yygg s eAN ) rrrr Co..',, )ss. County of Gallatin ) i On this fday of �sc�n� , 20l_J-,before me, a Notary 'c for the State of Montana,personally appeared CHRIS KUKULSKI and STACY ULM1ENown 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 C executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed may Notarial Seal the day and year first above written. i Ij Notary Public for the State of Monta ae2a (SEAL) I (Printed Name) Residing at My Commission expires / 120 AIMEE BRUNCKHORST ePUNo�a�F NOTARY PUBLIC for the y�otiditi•.o,9N� - State of Montana ` SEAL Residing at Belgrade,Montana .9j,OF.,,,,:-T� My Commission Expires December 64.20! i G Cattail Springs Condominiums Water Pipeline&Access Easement f Page 4 of 5 I i f EXHIBIT A PUBLIC WATER PIPELINE AND J ACCESS EASEMENT SITUATED IN LOT 2 BLOCK 7 OF CATTAIL SPRINGS SUBDIVISION PH I f NW Y4 SECTION 35 T1S, R5E, P.M. LOT 1 BLK 7 CATTAIL SPRINGS PH I PROPERTY CORNER S 89°46'31" E 300.00' S 0*13'42" W PROPERTY 30.03' LINE POINT OF BEGINNING S 89°46'13" E WATER EASEMENT S 0*13'42" W W Lai 30' WIDE 30.00' PUBLIC WTR NIN �'N EASEMENT r N 89°46'13" W _ o bl �..... — — ,.. > zi 119.52' U, < O C N L — ...... J S O'13'42- W 17.22' �I� � N 89'46'13" W LOT 2 BLK 7 O N CATTAIL SPRINGS PH 1 I� 30.00 a WATER MAIN EASEMENT MADISON ENGINEERING .EXI-11E1T A CATTAIIL, SPRINGS 895 TECHNOLOGY BLVD.STE 203, DRAWN BY: CGB BOZEMAN,MT BOZEMAN,MT 59718 DATE: 3/23/14 PHONE(406)586-0262 FAX(406)586-5740 J.0.#14-102