Loading...
HomeMy WebLinkAbout72- First National Bank Trustee ~ ;r.., ;:)!~ .. · 1 J '~ 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 ~QC Offe ~. ~~- 'Eug~~ Ii (i C ;': kv ~J! Ge~.;.,te:;;"s: 1a! ~~N.O J! Li;r;tJ. ~ __ ~ j ~rite Kirk 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. tI1l!;!~?U''l'~4C/?~ . 'N ....nt PVBr.Ic Notary Public for the State of Montana .. .,. _~......,........ ResidiI1l? a~ Bozeman! Montana. ',,, ....... . ll1 ~,,~.:r... My Comm1ss1on Expires lj-Il,~-r~nll ALBERG! INC.! A CorporatioIt'" , ~", ,,-/,'1 (' C (,}/!d7/ .--- "., , tz-,>-tz{d' By , . - President . ' ~ t2f1 v . ,... '...A...i r/~M'."':'" ~ Joseph P. Buckmaster / '6<< 4fI.// ~4rJ/1.<7~<- -- elen Buckmaster r- r- '~ '" II- """'I . '. ",r " '.. 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~- tic~."t,) 2:~J.c ?':~J.:"ty o:~ tL.e SCC(j_~':':~ ;>.:lrt, T:1 ~' ~ ,...., I'T1 ,. ....L ...i... ~, L., L) \".. 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 ,. .. ~~~ . ~ ., ' 'IIi 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: ~, . . ,.' i"., .. . 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. 'j,"': 4* <; . " . . 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 ~~~ Eugen Graf) . ( 1~~Q'_ )~~ Genevieve S Graf ~~ ALBERG) INC.) a corporation ATTEST: 7'~ By: c;~~, ' Presi ent Jo. ~1 , ~.., ('):: ~>" 't" ',', .:".,"",11.,'.(":,,,,:, .';., " '-r1", ,',,'--('41':'ltj'<\,!::i' ,""", , f,)'< "'\,,.,,'. ''',' '1',\' .1, " . ~~,!? ~~::;:<:,~~,\,'w.~."". ~,;' ,. " '~l:JD \1;.;>"". , _ L,~..,., 6- Joseph P. Buckmaster oif/~'rL _(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 .. 11 f,~.GE j~ 708 Ji." .... ; ;1( . ".,It- --< ""'::: ;~ll~"wi'li')mss WHEREOF, <~~~~~;tt~~. :,\:t.ay_,,~nd year in .' \..:>/, ' ",,~ ',' ',' ,'{ \,\ (ji j fl. ,,{ j i_I :.. ro,:. -', t.. "-'\' ~: .".,:. ',' 'f) /... . . , .~~~:,~::,:.u. /, r I ....; "0' ........ F: I" '1 \ r. >. I / ~.' f ~ '.. ',; \ , I have hereunto set my hand and affixed my official this certificate first above written. '...~ +~ ~I +.__ 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, .' ',I hand and affixed my official above writte . .jI/I,. ""'" I,J ~ ' ,:,"l~ '\ " r. '. " '''';,' I'l'" , t."" " ,;' O~ \" state of Montana ~-lc;-74 STATE OF H011TANA ) ss. County of Gnllatin) d ~~ 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, 4'f/ :.:' 'i~ E TIN )~-!1;NESS WHEREOF, , >~~'~il" 'the-,/!tY and year in .~>\ ,-, '~:':::-. ',ry: II. .- :;\8';': ' . '. ' A ,."",-,,~ i if,"',', _<' 'ie', "'~ .' " " ". . 41 'I,' :: ' :. ~' ..', '" ~ ~ ''1 :~~'at"~~'.'''' \.\ ,,,:/.'"~IO\' I have hereunto set my hand and affixed my official this certificate first above written. ~/~ 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 ~ r';- ,. ~--, , L;, "]~ ,7) '') I v!J~~ J(~~ "Notary Public for the state of Monte>,na/ - Residing at Bozeman, Montana My commission expires August 29. 1972 I " ~ \~..... t:.,. ~'J'", ....'" .,';; ,. , \ . , ...;.\ 'II;~,,,,\ .... ,'; 'I c~. '! i' . I; "" ,... . . .. 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. ) offis:i.a'r' '. "'0 "'\ ,':;r.:f";.~~o/~~\""i,%'e~,~':, ,:'>"1 " . .~ '..... ) 111 k ' ~" ,"'" {- {JLAJ(:,' " '~, (~ ".~...... i '.',' I ~ '''':~.\' . . Notary Public for the state C!fMQ3tana, ~.~ ~S~:~~.:~o~O:~~~~sMn~~ O<~1'7~.;;'~ 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~.~. '" . ,," :," \.," '<1")'..1. "".,,: ~ ./ ";'''',:'' , : }~14~ .~:.~~~~~~~~:;~:1]~~~:.,~i!":J ,'" ~",;~~:,;y.,~,:;::.",~.~~,,:~.,,~\~-~,:. -,;.;:" :' "'~~~:"~:'~?' '.J " : 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 ~, " ".:';",. ." "('" ~~:;:.:'~' .,.,~;:,;,d~~~:.. i.~.~:~~:.','?~~:~"::"'" -< .' ." ';.'.., ~l {,', \., .~,~ W '/Ii ./:'" :t ~ "...... ~ -"". .'.' .. \.. . '~''''"''''''' ~ I,,:~'. ._~~_.llii; ..... t' o. , '-'! .__~ '." .11;',<' Commission APPROVED: ~~-'"';; ~ ~'. -A."...,"....~ . ''\.r BE~ BERG, JR., ity --a;~ STATE OF MONTANA ) ss County of Gallatin ) ;.. FILM 11 ~~,GE 1710 '-:~'F'::,~:-':.;' :.:~:~::.\.,' ;*~:" :;;;.;,~t.:":'I~':\)II?;~~{,(~;~'>P~~~}'~i~~~~:'~.' 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. ;1: ; . . I,' .,'r ." r III ji./. '",.' , .>,:~".~ \ 1II.~.""''l':-I;.> ~~ v '\ ..., "~, "t ~ .' t::~ '" " .. ... 1 ~ '.'" ::~( ~ ,,;"'-., t ',~ r~l'.,~' -.~ \ ~..'. .... .~.., --"', :~: " ~ :- : ~ -S :; -'-, ~ ..: ~ : , ,. ~ ~.' .~ e.'" ...., ../ ~~' :" .... /' .... ...' "'':-...- ~. ~., .......,.!'!!< 4:'~ " '-'" t: Q~ ';., .... , 'l, ,I ; ~ I . ~..~~ J . . I . . , . . \ . INDEXED PLATTED No ary Pu i or th State of Montana Residing at Bozeman, Montana My Commission Expires q03'13 'C,' ,.....( , 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,\ 'v