HomeMy WebLinkAbout75- Gilbert Easement
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fILM 29 PAGE 2045
EASEMENT AND RIGHl OF WAY AGREEMENT FOR
STORM DRAINAGE
THIS AGREEMENT, Made and entered into this
l6th day of
July
A. D. 197~, by and between
WILLIAM E. GILBERT
part~ of the first part,
hereinafter called the Grantor__ and THE CITY OF BOZEMAN, a municipal
corporation of the State of Montana, in Gallatin County, the party
of the second part, hereinafter called the Grantee.
WIT N E 5 SET H :
WHEREAS, The Grantor is the legal record title owner__
of unplatted tract in N~. NEk. NW~. ~~ction ]2. T2~J R~F.
more particularly described below, and
WHEREAS, The Grantee, in the exercise of its power and authority
as a municipality of the State of Monmna, proposes to construct and
install storm drainage lin~ and necessary
appurtenances to serve various properties located wit~in the
northerly portion of the City of Bozeman and Qne or more such
lines would run across the Grantors land; and
WHEREAS, The Grantee desires to acquire from the Grantor__, and
the Grantor is willing to grant to the Grantee an easement
and right o~way across the above described property of the Grantor___,
and his heirs, executors, administrators, successors and assigns,
for the purpose of installing, operating, using, repairing, replacing,
maintaining, and removing said storm drainage line and
appurtenances and for such other rights of access and incidental
rights as are hereinafter described, all as hereinafter more particul-
arly provided.
NOW, THEREFORE, in consideration of the sum of $ and other
considerations in hand paid by the City of Bozeman, the receipt where-
of is hereby acknowledged, and in further consideration of the coven-
ants and agreements between the parties hereto, the Grantor
has granted, bargained, sold, conveyed, and
confirmed and by these presents does hereby grant, bargain,
sell, convey. and confirm unto the said Grantee and its successors
and assigns the following rights and privileges forever:
1. A perpetual easement and right of way for the purpose of
installing, operating, using, repairing, replacing, maintaining and
removing a storm draina~e line thereto upon and across the
above described property of the Grantor ,said easement and right
of way to consist of a strip of land 40feet X ten (lO) feet in
width~ lying south of the south property line of Durston
Road beginning 511.5 feet west of the North Quarter Corner of
Section 12, T2S, RSE.
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FltM 29 PAGE2046
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2. The perpetual right of ingress and egress to and from
said tract of land at all reasonable times for the purpose of installing,
operating, using, repairing, replacing and maintaining said
storm drainage lines and for the removing of same if and
when desired by the Grantee, its successors and assigns:
TO HAVE AND TO HOLD the above described right of way with
all the appurtenances and privileges unto the said Grantee
and to its successors and assigns forever.
The Grantee hereby covenants and agrees with the Grantor___
as follt)ws:
1. That, in connection with the installing, operating,
using, repairing, replacing, maintaining and removing,
of said storm draina~e lines it will replace at its
sole expense, all existing fences, ditches and other appur.
tenances of said land that may be disturbed by its operation
in a condition equal to the condition thereof existing before
said operations were begun, or as near thereto as shall be
reasonably possihle.
2. That, during operations involving excavation, it will
remove the topsoil from the trench area to a depth of one
foot, or to the full depth of the topsoil whichever is less,
and stockpile said topsoil for replacement over the trench,
and will remove from the site any large rocks or surplus
excavated material or any kind of debris that may have been
exposed by the excavation and remaining after backfilling
is completed and will leave the finished surface in subs tan.
tially the same condition that 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.
3.
To operate, use and maintain said IItorm drainav:e lines
in such manner as will not hinder or prevent the
cultivation of the tract through which this right of
hereby granted.
proper
way is
4. In the event that it shodd become necessary for the
Grantee to re.enter the Grantors premises for the purpose
of repairing, replecing, maintaining or removing said utility
lines the Grantee will reimhurse the Grantors for any actual
damage done to the Grantors premises or crops.
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FILM 29 PAGE 2047
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5.
The Grantor__ hereby c~venants and agrees with the Grantee as follows:
1. That at no time will they build, construct, erect or maintain
any permanent structure over or above the said storm
drainage line unless such structure is built, constructed
and maintained in such a manner that it would not interfere
with the operation, use, repair, maintainence, replacement
and removal of said storm drainage lines
2. That the Grantee may peaceably hold and enjoy the rights
and privileges herein granted without any interruption by
the Grantor or his successors and assigns.
3. That they have been lawfully seized of said premises; that
they have good right and lawful authority to sell the same
and that they and their heirs, executors, administrat~rs,
successors and assigns, shall warrant and defend the title
to said premises unto said Grantee, and its successors and
assigns forever, against the lawful claim and demand of all
persons whomsoever.
It is understood and agreed by and between the parties hereto that
this Agreement shall be binding upon the heirs, executors, administrators,
successor and assigns of the Grantors and upon the successors and
assigns of the Grantee.
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FiLM 29 PAGE 2048
IN WITNESS WHEREOF, The said parties of the first part have
hereunto set their hands and seals the day and year first above
written.
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,QILLIAM E. GILBERT
STATE OF MONTANA )
ss
County of Gallatin)
On this Sd- day
public in and for said
name (J ", .Plu~ l '7j;Jk.AA-
instrument, and acknowledged to me that
executed the same.
of tJLJ 1976", before me, a nota:fLiJJ
State, ~ersonally appeared W ;J/~ I" '
known t. me to be the person__ whose
subscribed to the within
'JJ~ ~ ,/" ;U
LU <'-. JJ J.
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IJ J-.
Notary li for the tate of Manana
Residi,. at Bozeman, Montana
My Commission Expires
tiOTARY PUBLIC for tlle State of Monten.
, J(eslCllng alllvL~,,"a", Mu,ltl'"~
rAy J;ommjssion expires December 11, 1911
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FILM 29 FACE 2049
THE CITY OF BOZEMAN
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NfTEST:, , '
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/'11 ~~,' ._ .:::";;
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Clerk 'o~: ~h""i""'b;tt:y Commission
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B~)~_/ ;-::f7~
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APPROVED:
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City Attorney
STATE OF 1I1ONTANA )
ss
County of Gallatin)
On this 18th day of August
, 197~, before me, the
undersigned a Notary Public for the State of Monrnna, personnally,
appeared
Edmund P. Sedivy, Sr., & Erna V. Harding
known
to me to he the Mayor and Clerk of the City Commission respectively,
of the City of Bozeman, whose names are subscribed to the within
instrument and acknowledged to me that they executed the same
for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my Notarial Seal on the day and year in this Certificate first
above wri.tten.
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19640
WI
Nota P lie for he State of
Res, Cling at Bozeman, Montana
My Commission Expires
l'lOTARY PUBLIC for the State of Montana
Residing at Bozeman, Montana
MJ Illmlmjsslon expires December 11, 1977
Monta na
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State of Montana I
County of Gallatin f 55.
Filed August 18 ,1975
at 11: 40 A. M., and
Recorded in book 29 of
MISCELLANEOUS Page---2Q4.5
CARL L. STUCKY
By -L ,3,itf:"~:7'~
v~~
Fee $
Rt: City of Bozeman