HomeMy WebLinkAbout1 - 190179 - Public Utility Easement (Sewer)RETURN RECORDED DEED TO:
Bozeman City Clerk
PO Box 1231
Bozeman, MT 59771-1231
PUBLIC UTILITY EASEMENT AND AGREEMENT
Lyon Investments,LLC., a Texas Corporation,18601 LBJ Freeway Suite 525 Mesquite Texas
75150,the GRANTOR, in consideration of one dollar and other good and valuable
consideration, receipt of which is acknowledged,does hereby grant to City of Bozeman, 121
North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal Corporation of the
State of Montana, GRANTEE, its successors and assigns, a perpetual easement to lay, construct
and maintain sanitary sewer pipelines with the usual services,manholes, connections, accessories
and appurtenances for the purpose of transmitting sanitary sewer in, through and across a strip of
land situated in Gallatin County, Montana,30 feet wide to be located on the following described
real property:
Lot 5A,Amended Plat of Lot 5 and Lot 6, Gallatin Center Subdivision P.U.D. Phase 1,
City of Bozeman,Gallatin County, Montana, and located in the Northeast Quarter of
Section 35, Township 1 South, Range 5 East of P.M.M., Gallatin County, Montana.
The easement is more particularly shown and dimensioned 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,manholes,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 sanitary 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.
(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 _____________________, 2020.
GRANTOR:Lyon Investments, LLC, a Texas Corporation
__________________________________
By:Ted Lyon,Managing Member
STATE OF TEXAS )
) ss.
County of _________)
This instrument was signed or acknowledged before me this ____ day of __________________,
2020, by Ted Lyon as Managing Member of Lyon Investments, LLC, a Texas Corporation.
(SEAL)
____________________________________
Notary Public for the State of Montana
Printed Name: ________________________
Residing at
My Commission Expires _____//20
DATED this ______ day of _____________________, 201 .
ACCEPTED -CITY OF BOZEMAN
_____________________________________
By:____________________,its City Manager
ATTEST:
By:_____________________, its City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ________ day of ___________________, 201 , before me, a Notary Public for the
State of Montana, personally appeared _________________and _________________, 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 day
and year first above written.
(SEAL)
Notary Public for the State of Montana
Printed Name:________________________
Residing at
My Commission Expires //20
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