HomeMy WebLinkAbout72- First United Methodist Church
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R E LEA S E
AND
SAT I S F ACT ION
The undersigned hereby acknowledges receipt of the sum of $404.92 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 a 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!! of Miscellaneous Page 1718. 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 liability of any
kind or nature whatsoever arising from the performance of each and all of
the aforesaid covenants,
Dated this J fc 1#- day of MJPMvi~' 1972.
FIRST UNITED METHODIST CHURCH
By:
STATE OF MONTANA )
( ss
COUNTY OF GALLATIN )
On this 1~~ day of A 00 C) ,1972 before me, the undersigned a
Notary Public for the State ~, personally appeared Charles T. Hash
and Clarence A. Bruce, known to me to be the persons described in and who
signed the foregoing instrument as Grantors and acknowledged to me that
they had executed the same freely and voluntarily, for the uses and purposes
therein expressed.
IN WITNESS WHEREOF, I have
Not~rial Seal on the day and year
above written.
N tary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires 15 September 1974.
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FILI.A
.'it :' 's"1718
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EASEMENT AND RIGHT OF WAY AGREEMENT
FOR UTILITY LINES AND CONSTRUCTION PURPOSES
//1' C)
THIS AGREEMENT, Made and entered into this ~ day of ./C T':
j CJ '1 / in the year of our Lord one thousand nine hundred seventy one
between the FIRST UNITED METHODIST CHURCH, hereinafter known as the
Grantor, party of the first part, and the CITY OF BOZEMAN party of the
second part hereinafter known as the Grantee,
WIT N E SSE T H :
WHEREAS, The Grantors are the legal record title owners of property
situated in the NW\, SW\, Section 12, Township 2 South, Range 5 East in
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
utilities and to trepass and use during construction 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 Grantor's 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 Grantor, and heirs, executors,
administrators, successors and assigns, for the purpose of installing,
operating, using, repairing, replacing, maintaining and removing said
utilities and appurtenances and for the purpose of trespassing and using
and for such other rights of access and incidental rights as are herein-
after 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 further 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 privileges forever;
1. A perpetual easement and right of way for the purpose of install-
ing, operating, using, repairing, replacing, maintaining and removing
utilities and trespass and use the above described property lying within
the City of Bozeman, County of Gallatin, State of Montana and more part-
icularly described as follows and shown on the attached exhibit.
A utility easement thirty (30) feet in width thru and across a tract
in the NWt. swt Section 12, Township 2 South, Range 5 East known as the
First United Methodist Church tract and more particularly described as
follows:
Beginning at a point which lies South 880 43' 24" West nine hundred
forty three and forty six hundredths (943.46) feet and North 00 39' 16"
West one hundred ninety and thirty five hundredths feet from the northeast
corner of the swt, swt of said Section 12; thence south 880 38' 24"
West a distance of four hundred four and ninety two hundredths (404.92)
feet to the westerly line of said First United Methodist Church tract;
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., . 'fIL"',' 1~_ r~r,f 1719
thence North 010 07' 35" West along said westerly line a distance of
thirty (30) feet; thence North 880 38' 24" East a distance of four hun-
dred four and ninety two hundredths feet to a point on the easterly line
of said First United Methodist Church Tract; thence southerly along said
easterly line a distance of thirty (30) feet to the true point of
beginning.
Containing within the above described exterior boundaries 12,147.60
square feet or .2789 acres.
Together with a construction easement thirty (30) feet in width lying
adjacent and southerly of the above described easement, the construction
easement to be only in effect during the construction period.
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, and for the purpose of construction
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 appur-
tenances and construction purposes, 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 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
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 back-
filled areas may be mounded sufficiently to prevent the formation
of depressions aft~ final settlement has taken place.
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.
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 Gran~ors premises or crops.
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.FJLM . . 1~~ r\,GE 1720
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 payment herein specified for damages and crops shall
constitute full payment to the Grantor for any such damage caused to the
Grantor's 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
interfere with the operation. use. repair. maintenance. replacement and
removal of said utilities.
2. That the Grantee may peaceably hold and enjoy the rights and pr~v~-
leges herein granted without any interruption by the Grantor or its
successors and assigns. "
3. That they have been lawfully seized of said premises; that they have
good right and lawful authority to sell the dame 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
whosoever.
It is understood and agreed by and between the parties heveto that
this Agreement shall be binding upon the heirs. executors. administrators.
.},~'" successors and assigns of the Grantors and upon the successors and
._~-:::'.~'~;~:',",,~ssigns of the Grantee.
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, , " IN WITNESS WHEREOF. the said parties of the first part have hereunto
-:-.-'-:-,' ',"~ . ":;:.6~~rtheir hands and seals the day and year first above written.
f'>.".,f.~~~,. Of:
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ATTEST:
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STATE OF MONTANA
SSe
County of Gallatin )
On this ;I~ day of OCTOBER, A.D., 1971, before me,
a,Notary Public in and for said State, personally appeared CLARENCE
;, ,A. BRUCE' {and CHARLES T. HASH, known to me to be the Secretary and
. ,C~qj.rman ,Cff the Corporation that executed this instrument or the persons
-'wh.Q.. exe:cut~d the instrument on behalf of said corporation, and acknow-
led~ep =0 me that such corporation executed the same.
/!'.._.~...t
. IN WITNESS WHEREOF, I have hereunto set my hand and
'a~fixed my official seal, the day and year in this certificate first
above written. -'7:fll ,,1/, /---:;; ~~i"'" 111z/~:', ~,,':
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Notary Public for ate of Montana
Residing at: Bo~an, Montana
Commission Expires: Oct. 14, 1973.
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-i~, r,~Gf i 721
By:
ATTEST:
APPROVED:
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STATE OF MONTANA )
ss
County of Gallatin)
On this :2od day of ~ 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.
I INDEXED
~~~'L;~;~"'W
set my hand and affixed my
Certificate! first above written.
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N t ry Public fo the State of
Residing at Bozeman, Montana
, My Commission Expires
NOTARY PUBLIC for th~ State of Montana
E'=~:~::;',~; ~t ~,-;~=~;.:=~;1, M,=,nt.JnJ
My Com:~~:~~ion [::~i;cs September 15, 1974
IN WITNESS WHEREOF, I heve hereunt
Notarial Seal on the day and year
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State of Montana ~
County of Gallatin f 55.
Filed October 22 , 19 71
aL."____~ : )0 P. M., and
Recorded in book 11 ,___of
MISCELLANF;O US Page 1718
CARL . STU CKY
By
Fee $--==-
Rt: City of Bozeman
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