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HomeMy WebLinkAboutPublic Utility Easement (Storm) 07-22-2020Return to: Bozeman City Clerk P.O. Bo 1231 Bozeman, MT 59771-1231 PUBLIC UTILITY AND ACCESS EASEMENT AND AGREEMENT AAJKER CREEK PROPERTIES, LLC, a Montana limited liability company, with a mailing address of 4700 Gooch Hill Road, Bozeman, MT 59718-9027, the GRANTOR(S), in consideration of $1.00 and other good and valuable consideration, receipt of which is acknowledged, grant(s) to NORTON PROPERTIES, LLC, an Oregon limited liability company, with a mailing address of 63026 NE Lower Meadows Drive, Suite 200, Bend, OR 97701-5877, GRANTEE, its successors and assigns, a perpetual easement to lay, construct and maintain stormwater pipelines with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting stormwater in, through and across a strip of land situated in Gallatin County, Montana, 25 feet wide and 80 feet long to be located on the following described real property: A strip of land 25 feet in width and 80 feet in length off the north end of SW 1/4, NW 1/4 of Section 9, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana. (Deed Reference Book 124, Page 398, and Doc. No. 2411374). The easement is more particularly shown and dimensioned on the attached Exhibit A which by this reference are 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 storm 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 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 _____________________, 201 . AAJKER CREEK PROPERTIES, LLC, a Montana limited liability company ______________________________________ By: __________________, its _______________ STATE OF MONTANA ) ):ss County of Gallatin ) This instrument was signed or acknowledged before me this _ day of __ , 201 , by __________________ as __________________ of AAJKER CREEK PROPERTIES, LLC, a Montana limited liability company. (SEAL) Notary Public for the State of Montana Printed Name: ________________________ Residing at My Commission Expires / /20 G:\C&H\16\161141\Easements And Waivers\161141 Public Utility Easement (Storm).Docx