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HomeMy WebLinkAbout72- First United Methodist Church '. 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. ". .' FILI.A .'it :' 's"1718 ... 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; ., . .- , .- ., . '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. ~ . , . .' .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. ~ ..'" -If;"'~ ~\~~"\"'~Jr, , , " 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: .~ >. ......... ~ .......,. ~~ .-.'~ " ' ATTEST: '7 . ~.. . , -" :~".A:(;f.~t""~;>.. ~ J . ~ 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/~:', ~,,': /.." I / / I ~ .~<-" -t-c "1 I' , ,J'i A /,?/l- ,.. /'.<1 (.....!.......::-..... t. /' 't.o' ....,:\,.-" .......,,'/ (.. Notary Public for ate of Montana Residing at: Bo~an, Montana Commission Expires: Oct. 14, 1973. I · ""~..,--~.""., ~ .' . . . .; fjL~ -i~, r,~Gf i 721 By: ATTEST: APPROVED: .' ,,:;", " f1 J 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. " ,r ?l,t ! . .--+-' / I , / I: :.. : ! '-''.L' 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 - .,'r,......, ". . ~ ' ",~,..'..",,~ -.,. '1',"'1- ~ ,".,.!~ ,..f ~... \.,.. f'J f"'''. \ < .... """" .::'\ "=C':", "......'" ., ; ~ .~ ..~\;' :- ~""':. ~.... ':- . . ' '~) ,',. - : "'-'" -' ~ ....;....., .~. ~ ....-" :' f. . *' ~t> ~ ,..., ,j-- .~: ':; f;l<a ~: , " ,,I ': ' Montana . 'j.,.,.,. 1',:: '~(.c.~, '"'"~ .~ "... " .:', ~,~ 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 ." l .,. ',': ::r ~ ";:) ::c \J I- ~ o o 00 ~ ~~ o ~~ --.;:4! ......~ ~~ ~ .~ ~ ~~ ~~ LJ..: ~~ ~~ ~. ~ ~..J '" 8 4.J~ )...~ ,,".x .....Y! ::::!~ h: ~}oo ao! -~ ~ S:& ~>- I...::-J o ~:r ~ ~ 8 2~ "', M.<;:G',lC,,!ON o o '" .. . - ~ 3 0) ,/VI. 9/ . J ~: ~z 2b 4' - ~oi III ~ ~o :I ~ :) :r o V III l- I- - V1 z _ ::> 0 o -X ~tll -~ LL I! ~~ ~ 1 'lIVl a., ,~ ~~ If\ ~ <( J: ~ III a:. <( ll.l ~ I II III 11.11 I;I~ i I~I ~I ~ I t III ~ Ilrf- I Id ~ ~ .N ~ C. I~I~ 3 ~ I ~I VII ~ i Sf: '0<1/ I :l ~ ~~. ~A \>' H..t 6/ 'S;: 'I ~ I ~I ~I~ <( 11]1 ~ I ~ \... )0. ~ -(i ~I~I ~ C\I ~ I ~ ~ ~ '~I~I t I ~ I .~ l~;~ "0 DO;? -- I l/'l.l .Sll:l ,..., Q' ...." I'l'f \... ~ C\ ..., ~ V) "- G ';} ,\1111\,-:> !ii!l<9W<!I\J'.::I 1 . .J o o I ~ I ~ :r ).. (It ~ C\.! ~ o :r