HomeMy WebLinkAbout72- First National Bank Trustee
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R E LEA SEA N D SAT I S F ACT ION
The undersigned hereby acknowledges receipt of the sum of $1!711.73 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 20th 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 1704. 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
62<1
day of ~ 6\~\~Atoo~
! 1972.
FIRST NAT!ONAL BANK IN BOZEMAN!
TR~~EE!'a--~~uniciP
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STATE OF MONTANA )
COUNTY OF GALLATIN) ss
On this ~9 day of _~6U. ! 1972 before me! the undersigned a Notary
Public for the State of Montana! personally appeared Jeanne M. Roby! First Fational
;san, k Trus Officer! Eugene Graf! Jr., Genevieve S. Graf, Marguerite Kirk! (t- h. t-c. VI.
kou ! President! Alberg! Inc.! Joseph P. Buckmaster & Helen Buckmaster!
known to me 0 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 he~eunto set/6j1 9an(1 and affixed my Notarial
Seal on the day and year in this Certificatjlf--r~t'/jlb~/;:written.
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. 'N ....nt PVBr.Ic Notary Public for the State of Montana
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ALBERG! INC.! A CorporatioIt'"
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-- elen Buckmaster
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flL~ i1 neE 1704
EASEMENT AND RIGHT OF HAY AGREDiElT'J:'
FO::;;' TRUNK HATER HAINS
TSIS AGRSEHEI'JT, Hade and entered into t;1is'. 20th day of October
in the year of our ~ordone thousand cine hundred seventy-one between the
FIllST I"L~ TIOi,:.i\.L BA:'Jl~ I~T BOZElvL.!\l1, TRUSTEE: ElrCE~.1E .~:?...,.\:?, J~~. 6~ C ~:'J~':;IE~lE S.
C~~.\::, :.lu8bEL~1:~, r:!::'-l(~ \Jife; :..~ARGTJERITE I(IFJ:, a sir:.g~e \'lOr:tar:; +~~T.jBE?\.G, Ii'JC..) a
corpora::ion a'ld JCSEPH p. BUCKH\STER Arm HELEN EUCK1{\STEJ., ;1usr.2",d ;::':0 T,7i -'= 2,
parties of the ~irst ~1~.rtJ a~G :I':"i 0:? :()2ZI!.A:\~) 1.:Ol''''T'''';':~'''l p r}l.1~~'_ic=-:)-:J.~ CCY)or,c~-
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wHEREAS, The Gral'ltors a.'retae'legal record title ownersiof a portion of
Block Three (3) and Block Four (It) of Kirk Subc1ivision No.4. City of 2::JZeman.
l10ntar.a, Dore [lnrt::'culiirly described belmv.
l'::.l~~Ei:.S J t~.'le C r antce) in the e:.:erc i se 0 ~ its i) 01.12:- ~~i:.~G. 2.11:: h.n::i ty -=-~s :.=_
municipality of t~le SUlte of lio:1tana, proposes teo cO:l.strllct "",,1 ~."stt~,ll t:;:l,,:',::
water distriLuti.u,:i r:la1:l.S and their necessary appurte,:lilnces to SC:r'l2 Vt'.::-::'c)ClS
properties loc~ted within the western portio~ of the City of DozCDan and one
or more such lines would run across the Crantor's land; and
vmERF..l~S. the Grantee desires to acquire from t~1e Grantors, aLe: the
Grantors are ltilling to grant to the Grantee an easement and risht-of-way
across the above oescribed property of the Grantor, and beirs. executors,
administrators, successors and assigns. for the purpose of installing.
operating. using, repairing, replacing. maintaining, and removing said tnmk
water mains and appurtenances Bnd for such other rights of access and 1:l.Ciden tal
rights as are hereinafter described, all as hereinafter more particul2rly
provided.
SOH, THEREFORE, in consideration of t"le sum of $50.00 L: ~land p"'id by
the City of Bozenan, the receipt whereof is hereby ackclOFled[.ed, and ire
further consideration of the covenants And Agreem~nts 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 installing,
operatirlg, using, repairing, replacing. maintaL1iag and removing a trunk ,vater
main 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.
A utility easement thirty (30) feet in width along the westerly line of
Block Three (3) and Block Four (4) of Kirk Subdivision No.4. City of Bozeman,
Montana, more particularly described as follows:
Beginning at the southwest corner of Block 3 of Kirk Subdivision
No.4; thence East along the south line of said Block 3 a distance of thirty
(30) feet; thence North 00, 01' 30" West parallel to and thirty (30) feet
distant easterly from the West line of said Block 3 a distance of three
hundred thirty-nine and sixty-one hundredths (339.61) feet to the southerly
lin~ of tho Tuloma Ges Products Company property; thence l<;ort:, 38" 58' 30,"
West along said line a distance of thirty (30) feet to the West line of said
Block 3; thence South 00 01' 30" East along said West line of Block 3 a dis-
tance of three hundred forty and sixteen hundredths (340.16) feet to the point
of beginning.
FILM 11 p,GE 1705
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Containing within the above described exterior boundaries 10,196.55
square feet or .234 acres.
Together with a construction easement thirty (30) feet in width
lying easterly and adjacent to the above described easement.
Also a utility easement thirty (30) feet in width along the westerly
line of Bl~ck 4 of said Kirk Subdivision No.4 of Bozeman, Montana, more
particularly described as follows:
Beginning at the northwest corner of said Block 4; thence South 00
01' 30" East along the westerly line of said Block 4 a distance of two
hundred.forty-s~venand, fiv~-tenths (247.5) feet to, the northerly line
of Koch 'Street;' t"..~t\ .'.talong'..id northerly line of Koch Street a
distance of thirty (30) feet; thence North 00 01' 30" West parallel to
and thirty (30) feet distant easterly from the westerly line of said
Block 4 a distance of two hundred forty-seven and five tenths (247.5)
feet to the northerly line of said Block 4; thence West a distance of
thirty (30) feet to the point of beginning.
Containing within the above described exterior boundaries 7425
square feet or .1704 acres.
Together with a construction easement, thirty feet in width lying
adjacent easterly to and parallel to the above described easement.
Also a utility easement thirty (30)feet in width along the westerly
line of Block 4, lying southerly of Koch Street, more particularly
described as follows:
Beginning at the point of intersection of the southerly line of
Koch Street and the westerly line of said Block 4, sa~d point lying South
00 01' 30" East, three hundred seven and five tenths (307.5) feet from
the northwest corner of said Block 4; thence South 00 01' 30" East along
the westerly line of said Block 4, a distance of eight hundred fifty nine
and forty two hundredths (859".42) feet to the southwest COline., of said
Block 4; thence South 00 01' 30" East along the westerly line of the
Marguerite Kirk property a distance of 264.92' more or le8s to the
southwest corner of said Marguerite Kirk Property; thence North 890 54'
30" east along the southerly line of said property belonging to Marguerite
Kirk a distance of 30'~ thence North 00 01' 30" West parallel to and
30' distant easterly from the westerly line of Marguerite Kirk property,
a distance of 264.92' more or less to a point on the southerly line of
Block 4; thence North 00 01' 30" West parallel to and thirty (30) feet
distant easterly from the westerly line sf said Block 4 a distance of
eight hundred fifty, nine and forty two hundredths (859.42) feet to the
southerly line of Koch Street; thence West along the southerly line of
Koch Street a distance of thirty (30) feet to the point of beginning.
Containing within the above described exterior boundaries 33,730.20
square feet or .7743 acres.
Together with a construction easement thirty (30) feet in width
lying adjacent easterly to and parallel to the above described easement.
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 trunk water
mains and appurtenances thereto and for the removing of same if and
when desired by the Grantee, its succeasors and assigns:
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FILM 11 f~,GE 1706
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 anp agrees with the Grantors as
follows:
1. That, in connection with the installing, operating, using,
repairing, replacing, maintaining and removing of said trunk
water mains and appurtenances it will replace, at its sole expense,
all existing fences, ditches and other appurtenances of s8id land
that .m~y be, disturbe,:: b~ its operati?ll on a c~qdition c:,un.l to t'le
co,1d~t1.0:l tnereof eX1.stl,ng before sa~d u;,;erac1.o'(l,s '('/E're 02:="1;1. or as
near thereto'as shall be reAsonably possible.
2. '.i'~At, during operatioLs involving exci-lVatioD. it 'Ilill r2r:10Ve the
topsoil fron the trench area to a depth of one [oot, or to the flt~.1.
depth of the t0psoi1, whichever is less, ann stock::lile s,,,1-1 t0psoil
a'-'7HY~:::O"1 the site of any large rocks or surrlus excaV:1tc(' I',n,teriql
or any ki1J of debris that may have been exposed by the excaVAtion
acid remai:'iing after backfilling is completed, and will leave the
finished surface in substantially the same condition that existe{l
prior to the beginning of operations except that the surface of back-
fil1en areas may be mounded sufficiently to prevent the foroatian
of depressions after final settlement has taken place.
3. To operate. use and maintain said trunk "-Jater mains 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 r~pairinL, replac-
iell;, maintaining or removing said trunk water nains 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 measuren 0,1 the oenterline uf the
right-of-\vay for damages to the premises a:1d crops by virt;Je of t;H3
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 the trunk water main
and appurtenances.
The Grantors hereby covenants and agrees with the Grantee as follows:
L That at no time will they build, construct, erect or maintRin any
permanent s true ture over or above the said trui\k ~ water.'mflins
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 trunk ~vater main.
2. That thE" Grantee may peaceably hold and enjoy the rights and
privileges 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 same and that they and
their heirs, executors, administrators, successors and assigns, shall
~"arrant 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.
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fILM 11 r^,GE 1707
It is understood and agreed by and between the parties hereto that this
Agreement shall be binding upon the heirs) executors) administrators)
successors and assigns of the Grantors and upon the successors and assigns
of the Grantee.
IN WITNESS WHEREOF) The said parties of the first part have hereunto
set their hands and seals the day and year first above written.
, .~~...'., :
FIRST N,A,TIO" N,AL BANK IN BOZ.F11A')';'
TRUSTEE, a municipal ban 1ng
e'ftlf6 tien.
ATTEST:
By
Cashier
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Eugen Graf) . (
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Genevieve S Graf
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ALBERG) INC.) a corporation
ATTEST:
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By: c;~~, '
Presi ent
Jo.
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Joseph P. Buckmaster
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_(li3ij~J?/YVlA1 /Jk
Helen Buckmaster
STATE OF MONTANA )
ss
County of Gallatin)
On thiS'~I~ day of ()~ ) 1971, before me the undersigned,
Notary Public for the state o~ Montana, personally appeared Jeanne M. Roby,
known to me to be the Trust Officer of the First National Bank in Bozeman,
Montana, one of the corporations that executed the within instrument, and
acknowledged to me that such corporation exec:uted the same.
FILM
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11 f,~.GE j~ 708
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""'::: ;~ll~"wi'li')mss WHEREOF,
<~~~~~;tt~~. :,\:t.ay_,,~nd year in
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I have hereunto set my hand and affixed my official
this certificate first above written.
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Notary Pub!' for the state of Montana
Residing a Bozeman, Mont~jV ~
My Commission expires / / ;1-5
STATE OF MONTM~A )
ss.
County of Gallatin)
On thisdOE day~~- ((),}JblJt:r'I_ ,1971, before me. a notary public
in and for said State. personally appeared Eugene Graf, Jr. and Genevieve S.
Graf, husband and wife. known to me to be two of the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed
the~ame,
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hand and affixed my official
above writte .
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state of Montana
~-lc;-74
STATE OF H011TANA
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County of Gnllatin)
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On this IS- d,g,y of .scptcmber . 1971, before me, a notary
public in and for said State, personally appeared Marguerite Kirk, known to
me to be one of the persons whose name is subscribed to the within instrument,
and acknowledged to me that she executed the same,
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:.:' 'i~ E TIN )~-!1;NESS WHEREOF,
, >~~'~il" 'the-,/!tY and year in
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I have hereunto set my hand and affixed my official
this certificate first above written.
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Notary PubliC;/ or the state of Montana
Residing at zeman, Montanat / /
My Commission expires // 7~
STATE OF MONTANA )
ss.
County of Gallatin)
On this 21st day of September , 1971, before me, a notary public
for the state of Hontana. personally appeared HELEN LOVFALD and ANTON LOVFALD,
known to me to be the president and secretary respectively of Alberg, Inc., one
of the corporations that executed the within instrument, and acknowledged to me
that such corporation executed the same.
seal
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"Notary Public for the state of Monte>,na/ -
Residing at Bozeman, Montana
My commission expires August 29. 1972
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FILM 11 F~;GE 1.709
STATE OF MONTANA )
ss..
County of Gallatin)
On this ~ay of 1971, before me, a notary public
in and for said State, persona y appeared Joseph P.. Buckmaster and
Helen Buckmaster, husband and wife, known to me to be two of the persons
whose names are subscribed to the within instrument, and acknowledged to
me that they executed the same.
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Notary Public for the state C!fMQ3tana, ~.~
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
seal the day and year in this certificate first <ibove w?=i~,t~.~.
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55.
On this
Notary Public for
known to me to be
Clerk of the City Commissio
executed the within
executed the same.
, 1971, before me undersigned,
of Montana, personally appeare on M. Langohr, Jr.,
of the City of Bozeman, Me ana, and Erna V. Harding,
Bozeman, Montana, e of the corporations that
nd acknowled to me that such corporation
IN WITNESS WHEREOF,
seal the day and year in
my official
Notary Public for the ate of Monmna
Residing at Bozeman, Hoat
Ny Commission expires
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Commission
APPROVED:
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BE~ BERG, JR., ity --a;~
STATE OF MONTANA ) ss
County of Gallatin )
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FILM 11 ~~,GE 1710
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On this 20th day of October 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,
Montana, whose names are subscribed to the within instrument and
acknowledged to me that they executed the same for and on behalf of
said eity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal on the day and year in this Cer icate first a ove
wri t ten.
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INDEXED
PLATTED
No ary Pu i or th State of Montana
Residing at Bozeman, Montana
My Commission Expires
q03'13
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State of Montana ~ 55
County of Gallatin f .
Filed Octo ber 22 , 1971
at 2: 20 P. M., and
Recorded in book 11 of
MISCELLANEOUS Page--17.Q.4
CARL L. STUCKY
By
fee $
Rt: City of Bozeman
flOTJ\"Y 1'IJPL1C for tIle St:;:J of Montana
Hes;~.jF. Cot :::':l~~:!:1j r.~rnt.;na
I4Y Commissio~ Expires September 15, 197,\
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