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HomeMy WebLinkAboutEasementPackage_06-16-21 Lot 1 Block 16 Baxter Meadows Sub. Ph. 2A 10’ Wide Public Utility Easement Page 1 of 3 Return to: Chris G Budeski 895 Technology Blvd Suite 203 Bozeman MT 59718 PUBLIC UTILITY EASEMENT Third Street Development Inc., GRANTOR, hereby grant unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television to the public, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under, and across a 10’ wide strip of land situated in Gallatin County, Montana, to be located on the following described real property: Lot 1 Block 16 of Baxter Meadows Sub. Phase 2A located in the SE One-Quarter of Section 34, Township 1 South, Range 5 East P.M. City of Bozeman, Gallatin County Montana. The easement is more particularly shown on the attached EXHIBIT A - PUBLIC UTILITY 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 lawful right to convey the property, or any part of it, and that it will forever defend the title of the 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 GRANTOR. THE GRANTEE AGREES: (1) That, in connection with the construction, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said utilities it will repair or replace, at its sole expense, or pay to GRANTOR the reasonable value of any damages to curbing, pavement, walkways, landscaping & irrigation, 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 Lot 1 Block 16 Baxter Meadows Sub. Ph. 2A 10’ Wide Public Utility Easement Page 2 of 3 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 terms, covenants and provisions of the 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 . GRANTOR- Third Street Development Inc., _________________________________ By: ______________________________ Its: _______________________________ STATE OF MONTANA ) ):ss County of Gallatin ) On this _______ day of ________________________, 20 , before me the undersigned, a Notary Public in and for the State of Montana, personally appeared ___________________________, known to me to be the person whose name is subscribed to the within instrument, and acknowledge to me that he did execute the same. 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