HomeMy WebLinkAbout010_30-ft_Public Access and Utility EasementRETURN RECORDED DOCUMENT TO:
City of Bozeman
City Clerk
PO Box 1231
Bozeman, MT 59771-1230
SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND AGREEMENT
Sutey, LLC, a Montana limited liability company, with a mailing address of 2000 Holmes
Avenue, Butte, MT 59701, the GRANTOR, in consideration of $1.00 and other good and
valuable consideration, receipt of which is acknowledged, does hereby grant to City of Bozeman,
of 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771, a Municipal Corporation of
the State of Montana, GRANTEE, its successors and assigns, a perpetual easement to lay,
construct and maintain sanitary sewer pipelines and water mains with the usual services,
manholes, connections, accessories and appurtenances for the purpose of transmitting sanitary
sewer and water in, through and across a strip of land situated in Gallatin County, Montana, 30
feet wide to be located on the following described real property:
S. ½, SW ¼, SW ¼, SW ¼ of Sec. 35, Certificate of Survey No. 2970, located in the SW ¼
of Section 35, T. 1 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana.
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
pipelines, 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 and
water mains, 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 pipelines 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 hereby releases the GRANTEE from having to repair or replace any
sidewalks or concrete flatwork in the event of any necessary maintenance, repairs or
replacement of the water or sanitary sewer systems.
(5) 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.
(6) 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 _____________________, 2022.
Sutey, LLC, a Montana limited liability company
______________________________________
By: Linda Sutey, Authorized Member
STATE OF MONTANA )
):ss
County of Gallatin )
This instrument was signed or acknowledged before me this ____ day of _________________,
2022, by Linda Sutey as an authorized member of Sutey, LLC, a Montana limited liability
company.
(SEAL)
Notary Public for the State of Montana
Printed Name: ________________________
Residing at:
My Commission Expires: ____/ /202
DATED this ______ day of _____________________, 202_.
ACCEPTED - CITY OF BOZEMAN
_____________________________________
By: Jeff Mihelich, its City Manager
ATTEST:
By: Mike Maas, its City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ________ day of ___________________, 202__, 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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