HomeMy WebLinkAbout16- Stormwater and Drainage Easement and Agreement J-582
RETURN TO:
Bozeman City Clerk
121 N.Rouse Avenue
Bozeman,MT 59715
PLATTED !-_P
2539302
Page: 1 of 5 03/07/2016 02:24:13 PM Fee; $35.00
Charlotte Mills - Gallatin County, MT MISC
1111111111111111111111111111111111IN 11111111111111111111111111111111111111111111IN IN
STORMWATER AND DRAINAGE EASEMENT AND AGREEMENT
Flanders Mill, LLC., a Montana Limited Liability Company, 325 Greenhills Ranch Road,
Bozeman MT 18 59 he 7 t GRANTOR, in consideration of one dollar and other good and
valuable consideration, receipt of which is acknowledged, grants to City of Bozeman, 121 North
Rouse Avenue, Bozeman, MT 597715, a Municipal Corporation of the State of Montana,
GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain storm
sewer pipelines and retention ponds and the usual services, manholes, connections, accessories II
and appurtenances for the purpose of transmitting storm sewer runoff in, over, through and
across the Stormwater and Drainage Easement as depicted on Lot 1R on the Final Plat of
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Flanders Mill Subdivision, Phase 1, Bozeman, Montana.
This grant includes the right of the GRANTEE, its successors, pennittees, 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 !i-
pipeline,manholes, services, connections,accessories and appurtenances;
(2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the I
boundaries of the easement which may, in the opinion of the GRANTEE, interfere or a
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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.
THE, GRANTEE AGREES:
(1) That, in connection with the construction, operating, patrolling, repairing, substituting,
removing, enlarging, replacing, and maintaining of said storm sewer pipelines, 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.
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(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 H
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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
excep
t that the surface of backfilled areas may be mounded sufficiently to prevent the
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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.
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(2) At no time will they modify the finished grade of the land over the pipeline by removal of
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existing soil or by placement of fill material within the boundaries of said easement
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without the prior written consent of the GRANTEE.
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(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.
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DATED this day of ,2016.
GRANTOR: Flanders Mill,LLC., a Montana Limited Liability Company
By Homelands Development Co., LLC,Managing Member
By: a ter Wolf, Managing ern r
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STATE OF MONTANA )
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County of Gallatin )
This instrument was signed or acknowledged before me this day of �
2016, by Walter Wolf as Managing Member of Homelands Development Co., LLC, MAnaging
Member of Flanders Mill, LLC.
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Notary Public for L�the State of Montana �� � SUSAN HJA ARSSON
Printed Name: ,��'� MR9�u�^ Notary Public
Residing at `�`?.�o7a�rq�.'�Yfprthe State of Montana
Residing at:
My Commission E res / /20 SEAL. Bozeman, Montana
%9 ... P,. My Commission Expires:
July 16,2019
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DATED this o� day of l , 2016.
ACCEPTED: CITY OF BOZEMAN
By: Chris Kukulski, its City Manager
ATTEST:
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By: Stay 11neri;�ls_G3;tyIer�C'
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STATE OF IvIQNtt °\ ` '
County of Gallatin }
On this day of I�� , 2016, before me, a Notary Public for
the State of Montana,personally appeared CHRIS ICUKULSKI and STACY ULMEN,known 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
executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the !I
day and year first above written.
HEATHER BIENVEN ,j
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far Notary Public
r 'SAR1.4%c for the State of Montan
Residing at:
otary Public for We State of Montana :*cs�, S�.AL:��= Bozeman, Montaisa
` My Commission Expired:
Printed Name: ' ,, , January 26,2018 i
Residing at
My Commission Expires / /20
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