HomeMy WebLinkAbout016 Sanitary Sewer Piepline and Access Easement_DRAFT
Gran Cielo KUL Condos 5 & 6 Sanitary Sewer Pipeline & Access Easement
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Inter-office Original to:
City of Bozeman
Department of Community Development
P.O. Box 1230
Bozeman, MT 59771
SANITARY SEWER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Bozeman Haus LLC, the GRANTOR, 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 336 lf (sewer) pipeline with the usual services, valves, connections, accessories
and appurtenances for the purpose of transmitting sanitary sewer in, through, and across a strip
of land situated in Gallatin County, Montana, to be located on the following described real
property:
Lot 8 of Block 15, Gran Cielo Subdivision Ph. II
situated in Section 23, Township 02 South, Range 05 East,
P.M.M. City of Bozeman, Gallatin County Montana.
The easement is more particularly shown on the attached PUBLIC SANITARY SEWER
PIPELINE AND ACCESS EASEMENT 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, 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 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
large rocks or surplus excavating material or any debris that may have been exposed by
Gran Cielo KUL Condos 5 & 6 Sanitary Sewer Pipeline & Access Easement
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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
______________________________
By: Ray Akrawi
its: General Partner
STATE OF MONTANA )
):ss
County of Gallatin )
On this day of , 2021, before me the undersigned, a Notary
Public for the State of Montana, personally appeared Carl Sanders, known to me to be General
Partner of Bozeman Haus LLC 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
Bozeman Haus LLC.
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)
Chris Budeski
(Printed Name)
Residing at Bozeman MT
My Commission expires November 26, 2023
ACCEPTED:
Gran Cielo KUL Condos 5 & 6 Sanitary Sewer Pipeline & Access Easement
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__________________________
CITY OF BOZEMAN
by __________________________
City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ________ day of ___________________, 2021, before me, a Notary Public for
the State of Montana, personally appeared and ,
known to me to be the City Manager and Deputy 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