HomeMy WebLinkAbout72- Bosch Easement
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ane Burkenpas & Ge ge Bosch
28 November 1972
. Mr. Robert F~,J{eye.
City c)f Bo.elllan
Bozeman, Montana 59715
Dear Mr. Keyesl
We are returning the Release and satisfaction form., signed
a8 requested, with the understanding that the contractor level
the' sunken areas at the approaches to Gallatin Equipment Co.
2320 West Main. This was discu8sed with you by Mr. George
Bosch, and understood that you would be 1n contact with the
contractor and have this minor repair completed.
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R EL E A S E AND SAT I S FA C T I ON
The undersigned hereby acknowledges receipt of the sum of $343.40
as full satisfaction for any and all damages to lands, premises and crops
proximatelY caused by the construction and installation of a Trunk Water
Mains by the City of Bozeman, Montana over and across lands and premises
of the undersigned described in that certain "Easement and Right-of-way
Agreement for Trunk Water Mains" dated the 18th day of October, 1971 and
filed of record in the office of the County Clerk and Recorder of Gallatin
County, Montana in Book 11 of Miscellaneous Page 1699. The undersigned
further acknowledges full and satisfactory performance of all covenants to
be kept and performed by the City of Bozeman relating to replacement of all
existing fences, ditches and improvements; the satisfactory restoration of
the surface of trench areas and the installation of said Trunk Water Mains
to depths permitting normal cultivation and hereby releases and forever
discharges the City of Bozeman, Montana from any and all l1abil1 ty of any
kind or nature whatsoever arising from the performance of each and all of the
aforesaid covenants.
n..ted this 22 day o~ 4~r, · 1972. ~ J
~f:!rA~/ " fu..ne Bur~
j/1.f/U4~L- E, ~-=t-C~ IJ;~!:L ctJ~~~~dU'
Theresa E. Bosch ~orothy Burken~as
STATE OF MONTANA )
( ss
COUNTY OF GALLATIN )
On this ':2.~.(I.lIL day of MO , 1972 before me, the undersigned a Notary
Public for the State of Montana, personally appeared George Bosch, Theresa E.
Bosch, Duane Burkenpas and Dorothy Burkenpas, known to me to be the persons
described in and who signed the ~9~egoing instrument as Grantors and
acknowledged to me that they had executed the same freely and voluntarily,
for the uses and purposes therein expressed.
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IN WITNESS WHEREOF, I have hereunt et my hand and affixed my Notarial
Se..l on the d..y end year in this Certi~i...t r~rS~~V~itten.
bl~c for the State of Montana
Residing at Bozeman, Montana
My Commission Expires 15 September 1974.
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FILM it I'SE 1699
EASEMENT AND RIGHT OF WAY AGREEMENT
FOR UTILITIES LINES
THIS AGREEM:ENT, Made and entered into this I f day of a~<-f....1./
in the year of our Lord one thousand nine hundred seventy-one between George
and Theresa E. Bosch, husband and wife and Duane and Dorothy Burkenpas,
husband and wife parties of the first part, and the CITY OF BOZEMAN, MONTANA,
a municipal corporation, the party of the second part,
WIT N E SSE T H :
WHEREAS, The Grantors are the legal record title owners of Tract 4 of
Block 1 of the Triangle Area Annexation to the City of Bozeman, Montana, more
particularly described below.
WHEREAS, The Grantee, in the exercise of its power and authority as a
municipality of the State of Montana, proposes to construct and install utili-
ties and their necessary appurtenances to serve various properties located
within the western 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 Grantors, and the
Grantors are willing to grant to the Grantee an easement and right-of-way
across the above described property of the Grantors, and heirs, executors,
administrators, successors and assigns, for the purpose of installing, operat-
ing, using, repairing, replacing, maintaining and removing said utilities and
appurtenances and for such other rights of access and incidental rights as are
hereinafter described, all as hereinafter more particularly provided.
NOW, THEREFORE, in consideration of the sum of $50.00 in hand paid by
the City of Bozeman, the receipt whereof is hereby acknowledged, and in fur-
ther consideration of the covenants and agreements between the parties hereto,
the Grantors 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 privi-
leges forever:
1. A perpetual easement and right-of-way for the purpose of install-
ing, operating, using, repairing, replacing, maintaining and removing under-
ground utilities and appurtenances thereto upon and across the above described
property lying within the City of Bozeman, County of Gallatin, State of Montana,
and more particularly described as follows and shown on the attached exhibit.
An underground utility easement thirty feet in width for the construc-
tion, installation and maintenance of an eight inch (8") water line, thru and
across Tract Four (4) of Block One (1) of the Triangle Area Annexation to
Bozeman, Montana, more particularly described as follows:
Beginning at the northeasterly corner of said tract; thence south-
westerly along the northerly line of said tract being also the southerly line
of the right-of-walf of U. S. Highway 191 a distance of three hundred forty-
three and foun-tenths (343.4) feet to the westerly line of said tract four
(4); thence southerly along said westerly line of said tract four (4) to a
point which is thirty feet at right angles f~am the southerly right-of-walf
line of said U. S. Highway 191; thence northeasterly parallel and thirty feet
distant southeasterly from said southerly right-of-walf line a distance of
three hundred forty-three and four-tenths (343.4) feet to the easterly line
of said tract four (4); thence northerly along said easterly line to the point
of beginning.
Containing within the above described exterior boundaries 10,302 square
feet or .2365 acres.
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FILIJ t~t '\G~ 1700
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 utilities and appurtenances
thereto 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 Grantors as follows:
1. That, in connection with the installing, operating, using, repair-
ing, replacing, maintaining and removing of said utilities and appurtenances
it will replace, at its sole expense, all existing fences, ditches and other
appurtenances of said land that may be disturbed by its operation on a condi-
tion 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 away from the
site of 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 substantially 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 forma-
tion of depressions after final settlement has taken place. And that Grantee
will insure that said construction will be conducted and that the soil will
be replaced so as to insure proper drainage.
3. To operate, use and maintain said utilities in such manner as will
not hinder or prevent the proper cultivation of the tract through which this
right-of-way is hereby granted and as will not hinder or interfere with
Grantors' rights to the use of the surface of said easement except as limited
herein.
4. In the event that it should become necessary for the Grantee to
re-enter the Grantors' premises for the purpose of repairing, replacing,
maintaining or removing said utilities the Grantee will reimburse the Grantors
for any actual damage done to the Grantors' premises or crops.
5. That upon completion of said construction and acceptance of this
installation the Grantee will pay to the Grantor in addition to the above
mentioned money consideration for this easement, the sum of one dollar ($1.00)
per lineal foot as measured on the centerline of the right-of-way for damages
to the premises and crops by virtue of the Grantee's entry thereon. The pay-
ment herein specified for damages and crops shall constitute full payment to
the Grantors for any such damage caused to the Grantors' premises and current
crops as an incident to the initial construction and installation of utility
lines and appurtenances.
The Grantors hereby covenants 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 utilities unless such structure is
built, constructed and maintained in such a manner that it would not inter-
fere with the operation, use, repair, maintenance, replacement and removal of
said utilities. Provided, however, that Grantors, their heirs, executors,
administrators, successors and assigns shall have the right to construct,
improve, alter and maintain as a permanent structure or otherwise an advertis-
ing and/or business sign or signs at any location or locations on said
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~ILM t~. ;'sf1.701
easement and that in the event removal of all or any of said signs is
required for construction, maintenance or repair of any utilities on said
easement, Grantee will be solely responsible for the removal and replacement
of said signs or any of them to their original location and condition and
will insure that said sign or signs are replaced to their original location
and condition within a reasonable period of time.
2. That the Grantee may peaceably hold and enjoy the rights and
privileges herein granted without any interruption by the Grantors 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, administrators, 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, succes-
sors and assigns of the Grantee.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and
seals and the Grantee, The City of Bozeman, has hereunto set its hand, by its
Mayor and its Clerk of the City Commission, each thereunto duly authorized
and has caused its corporate seal to be affixed, all on this .2Lrf:J. day of
tf:J1' t: ob cr , 1971.
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Dorothy Burk npas
By:
ATTEST:
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~ILIJ i~n ;\S; t702
STATE OF MONTANA ))
ss
COUNTY OF GALLATIN ))
On this ~ day of ()(\-rrl1~ 1971, before me the undersigned, Notary
Public for tlie State of Montana personally appeared George Bosch and Theresa
E. Bosch, husband and wife, and Duane Burkenpas and Dorothy Burkenpas,
husband and wife, known to me to be the persons that executed the within
instrument, and acknowledged to me that they executed the same.
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IN WITNESS WHEREOF, I have hereunto set
seal on the day and year in this certificate
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N tary PubIc or th
Residing at Bozeman, Montana
My Commission Expires
~OTARY PUBLIC for the Slate of Montana
Residing at 8ozeman, Montma
My Commission Expires September 15, 1974
Montana
....\..-..
STATE OF MONTANA )
ss
COUNTY OF GALLATIN )
On this :l.tJdday of Or'.l:n/u:_ 1971, before me, the undersigned a
Notary Public for the State of Montana, personally appeared Don M. Langohr,
Jr., 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, I have hereunto set my hand and affixed my Not-
arial Seal on the day and year in this Certificate first above written.
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Notary ubl:f:c for Jthe State of
Residing at Bozeman, Montana
y Commission Expires
t:O-:-t?Y pr~;Y'''r f:~r f": ~ ~'~~J!? ~f L~~.:i.t.~r~
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Montana
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M1' C~,..':~'L~"'':': ~,~'~ L'~l~'\~' ..~: ~'.':"i
State of Montanc!f '-
County of Gallatin r !I~
Filed October 22 ,1971
at 2: 15 P. M., and
Recorded in book 11 of
MISCELLA NE,QllS.....__Page_~9
CARL L. STUCKY
.-/, 90unty Clerk~cor~er
B~~1!:/~ d ~-LJp~.-/
Deputy T
Fee $
Rt: City of Bozeman
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