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HomeMy WebLinkAboutPublic Access & Utility Easement 06-28-2021Return Recorded Document To: Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231 PUBLIC UTILITY EASEMENT AND AGREEMENT Norton Properties, LLC,a Oregon limited liability company,with a mailing address of 63020 NE Lower Meadow Road, Suite 200, Bend,OR 97791,GRANTOR, in consideration of $ 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,its successors and assigns, a perpetual easement to lay, construct and maintain water and sanitary sewer pipelines with the usual services,manholes, connections, accessories and appurtenances for the purpose of transmitting water and sanitary sewer in, through and across a strip of land situated in Gallatin County, Montana on the following described real property: Lot 1A, Block 14, NORTON EAST RANCH SUBDIVISION, PHASE 4, City of Bozeman, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the South 1/2 of Section 9, Township 2 South, Range 5 East of P.M.M.. The easement is more particularly shown and dimensioned on the attached Exhibit A,which by this reference is made a part of this document. 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 _____________________, 2021. GRANTOR:Norton Properties, LLC, an Oregon limited liability company __________________________________ By:Kevin Spencer, Member STATE OF OREGON ) ) ss. County of Deschutes ) This instrument was signed or acknowledged before me this ____ day of __________________, 2021,by Kevin Spencer as Member of Norton Properties, LLC, an Oregon limited liability company. (SEAL) ____________________________________ Notary Public for the State of Oregon Printed Name: ________________________ Residing at My Commission Expires _____//20 G:\C&H\20\200859\Easements And Waivers\200859 -Mutual Access Easement.Doc