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HomeMy WebLinkAbout75- MT National Bank and Lewis Easement , , ". Fee: ---- RT,: City of Bozeman /' ", ". I.:-;,_XED flLM ~ 27 F^GE' 994 .,.".'\."...-","_011 ~ '- J"r::;Qr" >. . ~~ ( " 'j .~ t. ;. l'. PU\T1TD~, ...........,....c::>a""'...-lIP-~~ stc.ta of Mont., County of Gallatin. ss Filed for record February 13 ,'1975 at 9 :40 A M., and recorded in Book 27 0~.M-ce1?::eous page994 CARL L. STUCKY Recorder. By _ ~ .a ~~ Deputy EASEHENT AND lUGHT OF WAY AGREEMENT FOR STORM DRAINAGE THIS AGREEMENT, Made and entered into this 15th day of January A. D. 1972...-, by and between Montgna,~lational Bank, Trustee and Frank D. Co Gerhardineparties of the first part, LEWIS --- hereinafter called the Grantor s and THE CITY OF BOZEMAN, a municipal corporation of the State of Mo;tana, in Gallatin County, the party of the second part, hereinafter called the Grantee. WIT N E SSE T H : WHEREAS, The Grantor~ are the legal record title owner of Lot 10, Block 1, Graf's Third Addition more particularly described below, and WHEREAS, The Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install a storm drainage line and necessary appurtenances to serve various properties located wittin the southerly portion of the City of Bozeman and one or more such lines would run across the Grantors land; and WHEREAS, The Grantee desires to acquire from the Grantor~, and the Grantor>_ are willing to grant to the Grantee an easement and right of way across the above described property of the Grantor s , and their heirs, executors, administrators. successors and assignS;- for the purpose of installing, operating, using, repairing, replacing, maintaining. and removing said storm drainal2:e 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 s have granted, bargained, sold, conveyed, and confirmed and by these presents do 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 drainage line thereto upon and across the above described property of the Grantor s , said easement and right of way to consist of a strip of land ~welve (12) feet in width being the north twelve (12) feet of Lot ten (10) of Block one (1) of rraf's Thir~ Addition to the City of Bozeman, Gallatin County, Montana. -1- '.i ..- fJLM 27 'I-ACE 995 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 line 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 drainage line 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 possible. 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 substan- 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 stonn drainage line in Ruch manner as will not hinder or prevent the proper cultivation of the tract through which this right of way is hereby granted. 4. In the event that it shadd become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replacing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. -2- ..,.:. , ,. FJLM27 fACE 996 s. 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 drainap:e 11ne 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 line 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor~ or their 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~r8, 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. -3- FJU~ 27 '1~^LE 997 ":114 " .' . IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first apove written. MONTANA NATIONAL BANK, TRU~~EE By: //- I //\ i" /) .' :', /: i/c'/""f?<-<.-t-..)! I ~-~~--_.- ( .)Jjz .'t.. . -LA_,/e_-L:':--T\ ~ C'." GERHARDINE E. LEWIS /y.<:') (7":'tt",.. .I---t: .>-'7 -' ~, "'.'_1 ,or _-'->.,;;,.....-r" , STATE OF MONTANA ) ss County of Gallatin ) " On this \,.Y'h1-CL;:.\;, 197;5' , btf~re,--_ me, a /3-ot,ary pe~onal1i appeared,' i t' 7)7 c. ~~ "'-7''1.1 ~_ ",'/7 "(/.1 . fI' / '/ . hl'{.;~7/(, .i', .,_' ::)p:z -,:/]/ known to me to be t;PS pers s whose names are' subscribed to the within instrument, and acknowledged to me that they executed the same. ., '/ E/d;';;;/2L '\ ::.. :1 0 ,,- ~ 11:;..,;, Montafj 1Ii,.~.f;,;' ':!" ':) '-<tf -' .oJ ,) '("'J, -.( J.. ',1_ ~.J. /)/' .' ft~, ,~ ! ViO 'J;, (, . '1". ''i ~"/ "':v ~()'\';;i' ,. ,'il'," \ ~ " ) ~--;K'P~1't- ,.(..." (.ff. )-..rJ. ~:'.(t I Notary public for the State 9 Residing at Bozeman, Montantl Hy Commission Expires STATE OF MONTANA ) ss County of C~llatin ) On this 12th day of February 1975, before me, a notary public in and for said State. personally appeared Frank D. Lewis and C~rhardine E. Lewis known to me to be the persons whose names are subscribed to the within instrument. and acknowledged to me that they executed the same. " . .' ~; I : !'f "1 (., J ,\' .' .~ \\ G >// ...>' <.:..~ iII.......~: I...":"';,f,l".. ~" ~~.~. If~,:~/~ $ ~'..' ,-!". T ,\ i':}". / ".~X\':', = ",. '"\\;J' An:~..,,,, ~ ~ g, i St .,.. L'; ;- :. : . ,t\ : ; ~ ~,~ i _. ;. ....' ': ~ -:, d"........ Ii; '... ~ .~ ....." of";' ...: .. ~f-...., ';" .'J r-f!:t ......... ". ,..~ ~ ,........... ~J', '" Oe ,.f ~ .'\) -. ", Jtll ' . ",,\ II ;/,'1, !l"n~" (' J JlA :.,.~ A J) Lu, . Notary Pu c or the State of Montana Residing t Bozeman. Montana My commission expires tiDJARY PUBLIC for the State of Montana I ~esiding at Bozeman. Montana "i ~omm!ss!on expires December 11, 1977 . " . .... <"" nL~ ,27HAtI 9'98 - " .... THE CITY OF BOZEMAN / /? , ~ .~-;; //' ,/<' r: L. By~;::e:;_7~';-/~7ZW- --;l--'" ~ . .,/ Mayor " .,,----.....~ APPROVED: r" ......... ')) 't." .ry)~l.~~( ...:?~O tp , .. City At torney STATE OF MONTANA ) ss County of Gallatin) On this 12th day of February , 197~, before me, the undersigned a Notary Public for the State of Monmna, personnally, appeared Edmund P. Sedivy, Sr. and Erna V. Hardin~ known to me to be 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. . ), ( t t ~ ! : I ~ I I r l' :' \,'1"~1l {'II ,/'1"'1, ":::S.,,,;:,",\,}', hi, '., -.' ":('R," . "., '. ~'<~":~,,~ ';"~ ..'~.. .~, " ~' .' / 'T~~". _~ :i'~: ~\~~; I'f.... \ . 11 "'('''''' : r"l ~~ .1 ' .".~ '~ ;::; j',~' j, ~. ,f-, ~III<!!< '-;~,;':'-~~" -. Notary Manta na My fiOTARY PUB[(C for the State of Montana Residing at Bozeman, Montana My Commission tlxpires December 11, 1977 ,;... "':' "",\. t. ~, .. . . . UTILITY. EASEMENTS LOTS 9 a 10, BLOCK I r;-------.---- . G R A F I S 3 R 0 ADD/ T / 0 N i \ -------____ ...__________. i \->> // I"" ,.-'f' I ,- " .'" ;; ~ ~ it o ~ o ;:; ~ ~ LOT /0 ::; it ~ , \ \ LOT 9 LOT 8 \\......-- -- / ,', -J..// ...........,. /...... r--- ------ - - i .. --....----1 I \ LOT II \ \ LOT 7 \ \\ r \ (/) \ \ \, o \ ~ o z a;: <1 ... '" III ., ./~ L f. ~) 0 .. Z ..-r'~----'----"- ! i ! I i I i ! I ! I I I I 1 GOl TER AVE.