HomeMy WebLinkAbout78- Moser Easement
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FILM 43 PAGE16'4
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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.
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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
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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.
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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.
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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
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. 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
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to me that
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-~otary Public for the State of Monmna
Residing at Bozeman, Montana
My comm~. ion Exp~res,
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FILM 43 pt;Gtt67S
THE CITY OF BOZEMAN
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Byg~ ...-~&
/ ' Mayor / _
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ERNA V. HARDING, ' .
Clerk of the City Commission
APPROV,ED:
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City Attorney
STATE OF MONTANA
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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.
~~~~,,~~
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INDEXED
PLATTED
\
Notary Public for the State of
Residing at Bozeman, Mo tana
My Commission Expires t ,
49185 (/
Monta us
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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
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