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HomeMy WebLinkAbout78- Moser Easement to it~:: ~ .' FILM 43 PAGE16'4 l>~.):";1':'ii j,j:) IdU;r Of: \~f\Y 1^\~;W:F.nl:'j: [fil< CULVERT INSTALLATION 1111', 1'\\jl~Lil,1 :i; ) "~'., JrLI ';IIL~I'I'CliIU,!,: Jelj of 4th January :" L.. ; ': r' 8 .' by Gnd beul(:cr; .?t:~ph~Il..13_. aIlQ .~_._.__1t4.g_]1fll( Moser r-,'J~,iesof lh~~ Fi!'st p~Y"L, hpn:,inafter Cillled the Cr,lnlr)~'S '~n(i lHF cny OF flO7IHf\:i, d municipal corpor- ation of the StJtp oj ~1ontiHld, in Gallatill County, the party of the secOIld pan, IIet'einaft8r called the Grantee. w ] 1 ~ E SSE T H : I-JHEREI\S, : i)C!,I'Mltc"S are the le~Jal n~cc:rd title owner of Lot 2, of Amended Plat of Block 1 Universit.y Subdivision _~__._,..,,"'"_. _.____._.._.." _ .. __.____.. ..._........_..___._..._n..~._. _..l..___~ __ _._.__._____..... ~_._,____ WHEI<.EI\S, TIll' C;l'unll':', in the exercise of its pm'ler and authority as i1 Jllunicipality uf rhe SLlte of r.1ontana, pr'opo~;es to construct and install a culvert and necessary appurtenances to serve vari ous pr'o-p(";~t~'f{e;;"r()c(;6i-(rv"Tftli n the southern. . porti on to the City of Bozeman <'.nd one or 1I10re such 1 ines--woUld-rufl across the Grantors 1 and; arid WHEREAS, The Gr'Jr;tpt~ des i res to acqui l'e from the Grantors and the Grantors , are \-J ill i n9 to grant to the Grantee an ease- ment and ri ghto-("way-uac:russ the above descri bed property of the Grantors , and their hei rs, executors, admi ni 5 trators, successors, and assT(jils, fOI,-utT1E:-;--6.lj.rpose of installing, Qf)eratin~J, using, y'epair- ing, replucing, nJilintaininq, and l'(~rnoving said culvert and appurtenances and for such other rights of acce-ss~-a"n(flnddenfa1 rights as are hereinafter described, all as hereinafter more particul- a rly provi ded. ./ NOW, THEf<.EFORE, in cons i det'at i on of the sum of S and other considerations in hand paid by the City of Bozernan-;the receipt whereof is hereby Jcknowledyed, and in further consideration of the covenants and agn.>cments b(~t\tJeen the parties hereto, the Grantors have . . ....... granted, bargained, sold, conveje~ an(r-confirlle"d--Jrlcr-Gy-~these-p-resents do hereby grant, bargain, sell, convey, and confirm unto the saidGr-antee and its successors and assigns the following rights and privileges forever: 1. A perpetual easement and right of way for the purpose of installin9, operating, using, repairing, replacing, nlaintaining and rellloving i\ culvert thereto upon and across the above descri bed proper{io"f'fli"E;--"'(;'ra,'i-fo-F ...' sai d easement and ri ght of way to consist of a strip of land....--- .. . . 14 feet in \'v'idth bejnc,l Illorc particularTyae-sc-r:llj-e-d-as-foTiows:~ Beginn~ng at t~e southwest corner of ~aid Lot ~, thence north 29 00'05' cast along the west llnc of sald lot a distance of 85.00 feet; thence south 60059'55' east perpendicular to said west line a distance of 14.00 feet; thence south 29000'05" west parallel to said west line, a distance of 77.24 feet to the south line of said loti thence west along said south line a distance of 16.01 feet to the point of beginning. FILM 43 PAGt 1675 .. 2. The perpetual right of ingress and egre~s to and from said tract of land at all reasonable times for the purpo8e of installing, operating, using, repairing, replacing and maintaining said cnl vert und for the removing of same if and when desired by the Grantee, its successors and assigns: TO I-lAVE AND TO HOLD the above described right of way with all the appurtenances and privileges unto the said Grantee anci to its successors and assigns forever. The Grantee hereby covenants and agrees with the GrantorlL- as foll"ws: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing, of said culvert 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 ill a condition equal to the condition thereof existing before said operations were begun, or as nf'ar 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 llnd maintain said culvert in Rueh 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. 5. To remove and rcpluce any sod or trees which are disturbed by this installation, either at the time of construction or as soon thereafter that weather allows. 6. To replace any rose bushes, or any other flora destroyed, damaged or disturbed by installation, mainten- ance or repair of the culvert, either at the time of loss or as soon thereafter as weather allows. -2- ... FILM 43 fAGE1676 5. The Grantor_li.. hereby crwenants and agrees wi th the Grantee as fnllows: 1. That at no time will they build, construct, erect or maintain any pcrmaaent structure over or above the said culvcrt_ ___ unless such structure is but 1 t, construe ted and maintained in such a manner that it would not interfere with the operation, use, repair, maintaincnce. replacement and removal of said cuI vert 2. That the Grantee may peaceably hold and enjoy the rights and privileges herd n p;ranted wi thout any interruption by the GrantorS or theix:successnrs 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, exC'cutors, administratnrs, 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 \vhomsoever. It is understood and agreed by and between the parties hereto that this Agreement sh31l be binding upon the heirs, executors, administrators, Ruccessor and a~;~;igns of till' Grantors and upon the successors and assigns of the Grantee. -3- ."_. '.. 0" FILM 43 PAGEt67/' IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. STATE OF MONTANA ) ss County of Gallatin) On this ..29il. day public in and for said and MAR~RAN MOSRR name s are instrument, and acknowledged executed the same. STE:ik~ER6. .J~fJ ~-~ . tY-'A'1~. p~ MAR E~ MOSER of lv1'ow...i...t'l.. 1977'1, before me, a notary State, personally appeared STEPHEN B. HOSER known t& me to be the person~ whose subscribed to the within they ...,.. '.; ~.~~~. " ~ ~~;.~ '.' ""." to me that : /-~t '-12# -~otary Public for the State of Monmna Residing at Bozeman, Montana My comm~. ion Exp~res, (.,.LjA~d'"L J~ /C;J() -4- I. "1Ir ,110'" ..' " -~ -- FILM 43 pt;Gtt67S THE CITY OF BOZEMAN .....T...:: " ~ ~", /~_:> .' ...../.. . ~. Byg~ ...-~& / ' Mayor / _ A TTtsT: l,. o. ., '. \.1;::'" ... '..\l-h.~ , '.~ ~' ',~~~~~:, ERNA V. HARDING, ' . Clerk of the City Commission APPROV,ED: 't.", -./j::~\'" ;7 " j<.. d7 - , . /~<7 /, . .",) ~ ~/, City Attorney STATE OF MONTANA ) ss County of Gallatin) On this January , 1978-, before me, the 11th day of undersigned a Notary Public for the State of Monmna, personnally, appeared Edmund P. Sedivy and Erna V. Harding 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, 1 have hereunto set my hand and affixed my Notarial Seal on the day and year in this Certificate first ahove wri.tten. 1. ~~~~,,~~ \' INDEXED PLATTED \ Notary Public for the State of Residing at Bozeman, Mo tana My Commission Expires t , 49185 (/ Monta us '. State of Montana ~ County of Gallatin f 55. Filed M,qy 1 q , 19 78 at 4.4S P__M..and Recorded in book~ of MT~::l.1F~J~;~_~_~~4 County Clerk & Recorder BY~~~~ Fee $ Rt: City of Bozeman Attn: Erna Harding " ~<r ...'1. .~ . ~-' '1 i") ""-,, .,<