HomeMy WebLinkAboutEASEMENT DOC & EXHIBIT Retum to:
Bozeman City Clerk
P.O,Box 1230
Bozeman,MT 59771-1230
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Oh My Gord, LLC, a Montana limited liability company,with a mailing address of 1283 North
141h Avenue, Suite 103,Bozeman,MT 59715,the GRANTOR(S),in consideration of$1,00 and
other good and valuable consideration,receipt of which is hereby acknowledged,hereby grant(s)
to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121
North Rouse Avenue, P,O. Box 1230, Bozeman, Montana 59771-1230, GRANTEE, its
successors and assigns, a perpetual casement to Jay, construct and maintain sanitary sewer
pipeline and water mains with the usual services, valves, connections, accessories and
appurtenances for the purpose of transmitting water and sanitary sewer in, through, under and
across a strip of land of variable width, situated in Gallatin County, Montana, to be located on
the following described real property:
Lot 10, Block 2,Nelson Meadows Subdivision, [Plat 3-680], City of Bozeman,according to
the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin
County,Montana,located in the SE 1/4 of Section 22,T. 1 S.,R. 5 E.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
their agents and employees,to enter at af]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 sanitary 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
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 an easement on 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.
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DATED this day of U t '2022.
Oh My Gord,LLC,a Montana limited liability company
By:Shawn erson,Manager By:Shy] yverson,N16fiager
y:Calli Jack4dn,Manager By: an -Koch,-Manager
STATE OF MONTANA )
)ss.
County of Gallatin )
This instrument was signed or acknowledged before me on this day of w,
2022, by Shawn Syverson as Manager of Oh My Gord, LLC, a Montana limited liability
company.
"4�qao�-k�
(SEAL) '': KIriULf1LY L BILAI:,E AU�
Notary Publie or t State of Montana �F� s<, Notary PiAlfic
Printed Name: IQc �t ?.s�-0IARrq `v for t'r"1e State of Moriiarla
,
Y. < c:.
Residing at: _ I iesiding at: I
My Commission Expires: / 20 L P.,nzc rraar3, Mnrrtrana
7 9�� �tn�;,' MY Corrirriissiarl Expires:
STATE OF MONTANA ) Se1>tc;rnber 11, 2024
)ss.
County of Gallatin ) ,n
This instrument was signed or acknowledged before me on this day of lJ l ,
2022, by Shyla Syverson as Manager of Oh My Gord, LIT, a Montana limited liability
company.
(SEAL) Ti`�v;i.v,, -,, KIMBERLY L BILADE AU
Notary Public o '11pe tate of Montana 1 ;a�. `?0 , Nolaiy Pub=?c
Printed Name UAL �i I�rN,L�AI ` 'e���^r+:?�`�J for tho State of Mont<�rJEJ
Residing at: k _ R sic ing at:
a'
My Commission Expires: /_1f_ 20 � �1'e; t'o�ofrrr3n, Montar)ri
Conlnlission Lxaires: 1
ar h1Ca� , September 11, 20
STATE OF MONTANA )
)ss.
County of Gallatin )
This instrument was signed or acknowledged before me on this v4 day of u t _ hum UL
2022,by Calli Jackson as Manager of Oh My Gord,LLC,a Montana limited liability company.
(SEAL)
Notary Publi fo the State of Montank
Printed Name: tC1PvM1f3I FiLY I_E',ILEiI� Al.
t►tia� 4 Not,ly FIIJ)i;c
Residing at: for the Stale ofi�llor.t4jr�ar
My Commission Expires: /LL ,20 x t Ede id ,g gat: ,
./ :.;a G'orc rrt�rn, i�lo.itr.Yr a
STATE OF MONTANA Y a i
/ c Pr1 GOI'T'iII�ISS!On�X 7frL6. S
September i1,2024
}SS.
County of Gallatin )
This instrument was signed or acknowledged before me on this day of VI M)fVj�,
2022,by Amanda Koch as Manager of Oh My Gord,LLC,a Montana limited liability company.
1...._,_..... ,,
(SEAL} �t�v _>,C ,<, 1CI�/1 EI: LY L BI1ADEAU
<h C 11ft)t 71y pjj,)iIC
otary Public fort S ate o onta air` r 1 (clr the ;«atr of i�^oratG�na
Printed Name: ,�a(,(
Residing at: ,�_ <, ��� ` ;
Eia rr t t Montana
My Commission Expires: /Jj_,20 ' wl�7.VyW t< tt Y COII-I rllc-r ion Expires:
„ Septewb 1?, 2024
_ _ _ ,..v_
ACCEPTED:
CITY OF BOZEMAN
By:Jeff Mihelich,City Manager
ATTEST:
Mike Maas,City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin }
On this day of ,2022,before me,a Notary Public for the State
of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, 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.
(SEAL)
Notary Public for the State of Montana
Printed Name:
Residing at
My Commission Expires / /20_
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