HomeMy WebLinkAbout26 Easements Graf Apartments LLC 8-21-20
PUBLIC STREET AND UTILITY EASEMENT
Graf Apartments LLC, GRANTOR, in consideration of $1.00 and for other and valuable
considerations, receipt of which is acknowledged, grants to The City of Bozeman, a municipal
corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman,
Montana 59715, GRANTEE, its successors and assigns, a perpetual street and utility easement
for the use of the public, in, through, and across a strip of land situated in Gallatin County,
Montana, to be located on the following described real property:
Lot 2 Minor Subdivision 235 located in the NE ¼ of Section 23, Township 2 South, Range 5
East, P.M.M. City of Bozeman, Gallatin County Montana.
The easement is more particularly described on the attached Exhibits A which by this
reference is made a part hereof.
The GRANTOR states that he possesses the real property described above and that he has
a lawful right to grant an easement thereon.
The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the
rights and privileges herein granted without any interruption by the GRANTOR.
The terms, covenants, and provisions of this easement shall extend to and be binding
upon the heirs, executors, administrators, personal representatives, successors, and assigns of the
parties hereto.
DATED this day of , 20 .
By:
Grantor
STATE OF _____________ )
)ss.
County of ______________ )
On this day of , 20 , before me the undersigned, a Notary
Public for the State of Montana, personally appeared , known to
me to be 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 .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
_______________________________________
(Printed Name)
(SEAL) Notary Public for the State of _______________
Residing at _____________________________
My Commission Expires ___________________
ACCEPTED:
CITY OF BOZEMAN
by ________________________
City Manager
ATTEST:
____________________________________
City Clerk
STATE OF MONTANA )
) ss
County of Gallatin )
On this __________ day of _____________ , 20 , before me, the undersigned, a
Notary Public for the State of Montana, personally appeared _____________________ and
______________________, known to me to be the City Manager and City Clerk for the City of
Bozeman, respectively, 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
Residing at Bozeman, Montana
My Commission Expires __________________
Graf Apartments LLC Trail Easement
Page 1 of 2
PUBLIC TRAIL CORRIDOR EASEMENT
Graf Apartments, LLC, GRANTOR(S), in consideration of one dollar ($1.00) and for other and
valuable consideration, receipt of which is hereby acknowledged, grants to the City of Bozeman,
a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue,
Bozeman, Montana 59715, GRANTEE, a perpetual trail corridor access easement for the use of
the public in, through and across a 30-foot wide strip of land situated in Gallatin County,
Montana, which is located on the following described property:
Lot 2 of Minor Subdivision 235 Located in the NE ¼ of Section 23, Township 2 South, Range 5
East, P.M.M. City of Bozeman, Gallatin County Montana.
The easement is more particularly shown on the attached EXHIBIT A - PUBLIC TRAIL
EASEMENT, which by this reference is made a part hereof.
The GRANTOR warrants that it is lawfully seized and possessed of the real property
described above, that it has and that it will forever defend the title of this property against the
claims of all persons.
The GRANTOR further agrees that 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 shall extend to and be binding upon
the heirs, executors, administrators, personal representatives, successors and assigns of the
parties hereto.
DATED this day of , 20__.
Graf Apartments LLC Trail Easement
Page 2 of 2
GRANTOR
By:
STATE OF MONTANA )
):ss
County of Gallatin )
On this day of , 20__, before me the undersigned, a Notary
Public for the State of Montana, personally appeared , known to
me to be 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 .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
_______________________________________
Notary Public for the State of Montana (SEAL)
Residing at Bozeman, Montana
My Commission Expires __________________
ACCEPTED:
CITY OF BOZEMAN
by ________________________
City Manager
ATTEST:
________________________________________
City Clerk
STATE OF MONTANA )
) ss
County of Gallatin )
On this __________ day of _____________, 20___, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared _____________________ and
______________________, known to me to be the City Manager and City Clerk for the City of
Bozeman, respectively, 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
Residing at Bozeman, Montana
My Commission Expires __________________
Graf Apartments LLC Sewer and Water Pipeline & Access Easement
Page 1 of 3
Return to:
Chris G Budeski
895 Technology Blvd
Suite 203
Bozeman MT 59718
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Graf Apartments, LLC, the GRANTOR(S), 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 2,714 lf (sewer) and 4,060 lf (water) pipelines with the usual services, valves,
connections, accessories and appurtenances for the purpose of transmitting sewer and 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 of Minor Subdivision 235 Located in the NE ¼ of Section 23, Township 2 South, Range 5
East, P.M.M. City of Bozeman, Gallatin County Montana.
The easement is more particularly shown on the attached EXHIBIT A - PUBLIC SEWER AND
WATER PIPELINE AND ACCESS EASEMENT 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 & Water 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
Graf Apartments LLC Sewer and Water Pipeline & Access Easement
Page 2 of 3
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 , 20 .
By:
Grantor
STATE OF _____________ )
)ss.
County of ______________ )
On this day of , 20 , before me the undersigned, a Notary
Public for the State of Montana, personally appeared , known to
me to be 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 .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
_______________________________________
(Printed Name)
(SEAL) Notary Public for the State of _______________
Residing at _____________________________
My Commission Expires ___________________
Graf Apartments LLC Sewer and Water Pipeline & Access Easement
Page 3 of 3
ACCEPTED:
CITY OF BOZEMAN
by __________________________
City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ________ day of ___________________, 20 , 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.
Notary Public for the State of Montana (SEAL)
(Printed Name)
Residing at
My Commission expires / /20
Graf Apartments LLC Park Easement
Page 1 of 2
PUBLIC PARK EASEMENT
Graf Apartments LLC, GRANTOR, does hereby grant to the City of Bozeman, a Municipal
Corporation of the State of Montana, with offices at 121 North Rouse, Bozeman, Montana
59715, GRANTEE, a Public Park Easement (for passive and active recreation and similar uses
typical of a public park, but not for parking, residential or commercial use, or for any other
purpose) in, through, over and across the following described property situated in the City of
Bozeman, Gallatin County, Montana:
Lot 2 Minor Subdivision 235 located in the NE ¼ of Section 23, Township 2 South, Range 5
East, P.M.M. City of Bozeman, Gallatin County Montana.
The easement is more particularly shown on the attached EXHIBIT A - PUBLIC PARK
EASEMENT, which by this reference is made a part hereof.
The GRANTOR states that it possesses the real property described above and that it has a
lawful right to grant an easement hereof.
The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the
rights and privileges herein granted without any interruption by the GRANTOR.
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.
Graf Apartments LLC Park Easement
Page 2 of 2
DATED this day of , 20 .
GRANTOR
By:
STATE OF MONTANA )
):ss
County of Gallatin )
On this day of , 20__, before me the undersigned, a Notary
Public for the State of Montana, personally appeared , known to
me to be 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 .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
_______________________________________
Notary Public for the State of Montana (SEAL)
Residing at Bozeman, Montana
My Commission Expires __________________
ACCEPTED:
CITY OF BOZEMAN
by ________________________
City Manager
ATTEST:
________________________________________
City Clerk
STATE OF MONTANA )
) ss
County of Gallatin )
On this __________ day of _____________ , 20___, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared _____________________ and
______________________, known to me to be the City Manager and City Clerk for the City of
Bozeman, respectively, 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
Residing at Bozeman, Montana
My Commission Expires __________________
RETURN TO:
NORTHWESTERN ENERGY
LANDS and PERMITTING DEPARTMENT
40 East Broadway
Butte, MT 59701-9989
EASEMENT – UTILITY
Graf Apartments LLC, “Grantor”, in consideration of $1.00 and other good and valuable
consideration, in hand paid, the receipt of which is acknowledged, does grant and convey to
NORTHWESTERN CORPORATION d/b/a NORTHWESTERN ENERGY, a Delaware
Corporation, of 40 East Broadway, Butte, MT 59701-9989, “Grantee”, and to its successors,
assigns and apportionees, an easement 10 feet in width upon which to construct, operate,
maintain, replace, upgrade and remove a natural gas pipeline, electric powerline, communications
system, and necessary appurtenances, including any guy wires which may extend beyond the
easement width over, under, along and across that certain real property located in Gallatin County,
Montana, and particularly described as follows:
TOWNSHIP 2S , RANGE 5E , P.M.M. SECTION(S) 23
Lot 2 of Minor Subdivision 235 located in the NE ¼ of said Section
The Easement is more particularly described on the attached Exhibit(s) A, which by this reference
is made a pare hereof.
TOGETHER with reasonable right of access to and from the easement area over lands of the
Grantor using existing roads and trails where practicable; the right to use and keep the easement
area free and clear of any and all obstructions or structures, except fences; and the right to clear
and remove all timber, brush or vegetation from the easement area and to cut and remove such
timber, brush and vegetation outside of the easement that may in the Grantee’s opinion endanger
the powerline, communications system, natural gas pipeline, necessary appurtenances or guy
wires.
THE GRANTOR covenants with the Grantee that the Grantor is lawfully seized and possessed
of the real estate above-described, and that the Grantor has a good and lawful right to convey it,
or any part thereof. DATED this ________ day of _________________, 20___.
GRANTOR-Graf Apartments LLC
By:
its: ___________________________
STATE OF MONTANA )
) ss.
County of GALALTIN )
On this ____ day of ___________________, 20___, before me, personally appeared,
________________________, known to me to be the ____________________ 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
_________________________________.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
Notary Public for the State of Montana
___________________________________
(Printed Name) (SEAL)
Residing in
My Commission Expires ______/ /20