HomeMy WebLinkAbout15- Four Points MT Sewer Pipeline and Access Easement and Agreement 2534424
Page: 1 of 5 12/31/2015 10:15:36 AM Fee: $35.00
Charlotte Mills — Gallatin County, MT MISC
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City of Bozeman-City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Four Points MT LLC, the GRANTOR(S), in consideration of One Dollar and other good and
valuable consideration, receipt of which is acknowledged, grants to The_City of Bozeman,
GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain
402 LF (sewer) pipeline with the usual services, valves, connections, accessories and
appurtenances for the purpose of transmitting sewer in, through, and across a strip of land
situated in Gallatin County, Montana, which is located on the following described property:
Lot 2 of Four Points Subdivision situated in the Southeast 1/4 of Section 34, Township
1 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County Montana.
The easement as shown on the attached 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
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
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 sewer pipeline, 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
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 day of � , 2015.
GR�NTdR
CORPORATE
STATE OF MONTANA }
} ss.
County of Gallatin )
On this 2— day of 1 i t",Aet3'- flt - "2015, before me the undersigned, a Notary
Public for the State of Montana, personally appeared, Luke Tracy, known to me to be the
Member of Four Points MT 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
Four Points MT LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
a Chris Budeski
G� - Notary Public
Notary Public for the State of Montana = :NOTAAIyI. _for the State of Montana
' Residing at:
tea;SEAL.. *- Bozeman, Montana
iS•. P
My Commission Expires:
November 26,2015
(Printed Name)
Residing in
My Commission Expires Atv /20 �' r
ACCEPTED:
Oe? '
By YE"N ,
City Manager
ATTEST: '�• a� M1 d
City Clerk j 4 lf-_ 1�171 .
-7
STATE OF MONTAN�,lCa °�lo
ss. .
County of Gallatin )
On this Z day of. ,1- j i0l ywt , 2015, before me, a Notary Public for the
State of Montana, personally ,,Ippeked CMS A. KUKULSKI and STACY ULM N, 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.
(SEAL)
HEATHER BIENVENUEr
' r s} i i Notary Public
�y�" for the state of Montana
(—" otary x
Public for the State of Montana " °l",p`A�':m
; Residing at:
"sNT.fi�AL:�� Bozeman, Montana
q. .,,.• F>; my Commission expires:
;'FOF Mo January 26,2018
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: —/ /20
EXHIBIT A
PUBLIC SEWER PIPELINE AND
ACCESS EASEMENT
SITUATED IN LOT 2 OF
FOUR POINTS SUBDIVISION
SE Y4 SECTION 34 T1 S, R5E, P.M.
BLONDIE ST. A=16'O8'14"
R=118.50
L=33.38'
S 89'59'59" E N 8959'59" E CH=N81'55'51"W
78.50' 66.31' 48 —
W
P INT OF BEGINNING ( r��0
OF SEWER EASEMENT I
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RIGHT OF WAY III
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PUBLIC SEXIER PIPELINE 11ADISON ]ENGINEERING EXHIBIT A
AND ACCESS EASEMENT 895 TECHNOLOGY BLVD.STE 203, DRAWN BY: CGB
FOUR POINTS SUBDIVISION BOZEM.AN,MT 59718 DATE: 7/17/15
PHONE(406)586-0262 FAX(4fl6)586-57+0 PROJECT# 13_132